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An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii
An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii
Buffalo Law Review
There is an ongoing crisis of confidence in American government. Accusations of incompetence and political self-dealing dominate news cycles as public institutions seek to combat—with varying degrees of success—the public health and economic consequences of a global pandemic. Highlighted in this struggle is the larger issue of the importance of integrity to the efficacy and legitimacy of administrative government. This is especially true for agency adjudication, as it is the form of agency action that most directly impacts individuals. Recusal—the process by which an adjudicator is removed, voluntarily or involuntarily, from a specific proceeding—is a time-honored way of protecting the …
Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid
Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid
Buffalo Environmental Law Journal
No abstract provided.
Whither The Neutral Agency? Rethinking Bias In Regulatory Administration, Daniel B. Rodriguez
Whither The Neutral Agency? Rethinking Bias In Regulatory Administration, Daniel B. Rodriguez
Buffalo Law Review
No abstract provided.
Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein
Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein
Journal Articles
Scholars and politicians have sometimes presented bureaucracy as inherently conflicting with democracy. Notably, bureaucrats themselves are rarely consulted about that relationship. In contrast, I draw on interviews and participant observation to illuminate how government administrators understand their own place in democratic government in Taiwan, one of the few successful third-wave democracies. The administrators I work with root their own legitimacy not in separated powers or autonomous expertise, but in their ongoing collaboration with legislators and publics. They define their own accountability not just as executive legislative mandates but as producing them in the first place, and figure bureaucracy as a …
Nondelegation And The Major Questions Doctrine: Displacing Interpretive Power, Marla D. Tortorice
Nondelegation And The Major Questions Doctrine: Displacing Interpretive Power, Marla D. Tortorice
Buffalo Law Review
No abstract provided.
An Empirical Examination Of Agency Statutory Interpretation, Amy Semet
An Empirical Examination Of Agency Statutory Interpretation, Amy Semet
Journal Articles
How do administrative agencies interpret statutes? Despite the theoretical treatment scholars offer on how agencies construe statutes, far less is known empirically about administrative statutory interpretation even though agencies play a critical role in interpreting statutes. This Article looks behind the black box of agency statutory interpretation to review how administrative agencies use canons and other tools of statutory interpretation to decide cases. Surveying over 7,000 cases heard by the National Labor Relations Board (“NLRB”) from 1993-2016, I analyze the statutory methodologies the Board uses in its decisions in order to uncover patterns of how the Board interprets statutes over …
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Journal Articles
Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …
Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly
Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly
Journal Articles
Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers ('the Corps') administration of the permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public's negative perception of the permitting process. She begins the Article with an overview of the Corps' regulatory permitting process, then lays out the history of and context for the Corps' Customer Service Surveys. Next, she summarizes available …
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Other Scholarship
No abstract provided.
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Journal Articles
No abstract provided.
The Fcc's Indecent Proposal: Copyright Implications Of The Proposed "Record And Retain" Rule, Christopher S. Reed
The Fcc's Indecent Proposal: Copyright Implications Of The Proposed "Record And Retain" Rule, Christopher S. Reed
Buffalo Intellectual Property Law Journal
No abstract provided.
Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White
Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White
Buffalo Law Review
No abstract provided.
Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger
Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger
Journal Articles
This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …
Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath
Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath
Buffalo Law Review
No abstract provided.
Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor
Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor
Buffalo Law Review
No abstract provided.
Price Discrimination And Labelling, Daniel J. Gifford
Price Discrimination And Labelling, Daniel J. Gifford
Buffalo Law Review
No abstract provided.
The Menace Of Administrative Law (1920), John Lord O'Brian
The Menace Of Administrative Law (1920), John Lord O'Brian
Buffalo Law Review
Reprinted from the Proceedings of the Twenty-Fifth Annual Meeting of the Maryland State Bar Association, 1920.
Standing To Challenge Administrative Action: An Inadequate Surrogate For Claim For Relief, Lee A. Albert
Standing To Challenge Administrative Action: An Inadequate Surrogate For Claim For Relief, Lee A. Albert
Journal Articles
No abstract provided.
The Right To A Hearing Prior To Termination Of Utility Services, Anthony Ilardi Jr.
The Right To A Hearing Prior To Termination Of Utility Services, Anthony Ilardi Jr.
Buffalo Law Review
No abstract provided.
Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze
Back Pay Awards: A Remedy Under Executive Order 11246, M. Brian Moroze
Buffalo Law Review
No abstract provided.
Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg
Administrative Law—Expansive Discretion Allowed Executive Branch In Admission Of Politically Disfavored Aliens., Susan Ginsberg
Buffalo Law Review
Kleindienst v. Mandel, 408 U.S. 753 (1972).
The Administrative Agency And Environmental Control, Louis L. Jaffe
The Administrative Agency And Environmental Control, Louis L. Jaffe
Buffalo Law Review
No abstract provided.
Selective Service Law—In Providing For Conscientious Objector Exemption, Free Exercise Of Religion Clause Of First Amendment Precludes Discrimination In Favor Of Those With Formal Religious Beliefs, David A. Higley
Buffalo Law Review
United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969), prob. juris. noted, 396 U.S. 812, 90 S. Ct. 92 (1969).
Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig
Constitutional Law—Exclusionary Rule Applied To State Liquor Authority Administrative Searches, Judith B. Ittig
Buffalo Law Review
Matter of Finn's Liquor Shop, Inc. v. State Liquor Authority, 24 N.Y.2d 647 (1969).
Administrative Law—Federal Securities Exchange—Stock Purchases By Insiders Possessing Material Information And Misleading Corporate Press Release Violate Sec Rule 10b-5, Gerald Toner
Buffalo Law Review
SEC v. Texas Gulf Co., 401 F.2d 833 (2d Cir. 1968).
Constitutional Law—Administrative Inspections—Right To Refuse Inspector Admittance Without A Warrant, Michael P. Couture
Constitutional Law—Administrative Inspections—Right To Refuse Inspector Admittance Without A Warrant, Michael P. Couture
Buffalo Law Review
Camara v. Municipal Court of the City and County of San Francisco 387 U.S. 523 (1967).
New York Administrative Procedure For The Dismissal Of Teaching Personnel, James Van De Water
New York Administrative Procedure For The Dismissal Of Teaching Personnel, James Van De Water
Buffalo Law Review
No abstract provided.
An Appraisal Of Security Legislation In Education In Light Of Keyishian: A Proposed Solution, David R. Pfalzgraf
An Appraisal Of Security Legislation In Education In Light Of Keyishian: A Proposed Solution, David R. Pfalzgraf
Buffalo Law Review
No abstract provided.
Judicial Administration In New York: Developments In The Last Twenty-Five Years, Delmar Karlen, Allen Harris
Judicial Administration In New York: Developments In The Last Twenty-Five Years, Delmar Karlen, Allen Harris
Buffalo Law Review
No abstract provided.
Enforcement Of Laws Against Discrimination In Employment, Sol Rabkin
Enforcement Of Laws Against Discrimination In Employment, Sol Rabkin
Buffalo Law Review
No abstract provided.