Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Administrative law (2)
- Administrative Procedure Act (APA) (1)
- Agency duty (1)
- Agency law (1)
- Avoidance doctrine (1)
-
- Columbia Journal of European Law (1)
- Congress (1)
- Criminal law (1)
- Delegated legislation (1)
- Dietary supplements (1)
- Due process (1)
- Estoppel decision (1)
- European Agencies (1)
- Federal Communications Commission (1)
- Framing legislation (1)
- Freedom of Information (1)
- George Washington Law Review (1)
- Greyson Yoe (1)
- Implementing measures (1)
- Nondelegation (1)
- Oversight (1)
- President (1)
- Regulation (1)
- Separation of powers (1)
- Soft law (1)
- Stakeholder consultation (1)
- Telecommunication (1)
- Tort law (1)
- United States (1)
- United States ex rel. Accardi v. Shaughnessy (1)
Articles 1 - 8 of 8
Full-Text Articles in Entire DC Network
Congressional Administration, Jack M. Beermann
Congressional Administration, Jack M. Beermann
Faculty Scholarship
In recent years, at least since President Reagan's precedent-setting Executive Order 12291, the phenomenon of direct presidential supervision of agencies has received significant attention in legal scholarship. Congress's involvement has been much less thoroughly examined, and, although most people are familiar with congressional hearings and oversight, the dominant image as a legal matter is that once Congress legislates, it loses control over how its laws are administered unless it chooses to legislate again. In the political science/public policy literature, the understanding of Congress's role in monitoring agencies has evolved from despair that Congress is not sufficiently engaged to a recognition …
When Criminal And Tort Law Incentives Run Into Tight Budgets And Regulatory Discretion, William G. Childs
When Criminal And Tort Law Incentives Run Into Tight Budgets And Regulatory Discretion, William G. Childs
Faculty Scholarship
Eight-year-old Greyson Yoe was electrocuted while waiting to get on the "Scooters" bumper car ride at the Lake County Fair in northeastern Ohio. The failure to ground the ride structure and damage to a light fixture on the ride caused his death. The day before the electrocution, two inspectors from the Ohio Department of Agriculture (ODA) inspected the ride and passed it as "safe to operate." That inspection was superficial and grossly inadequate, and the completed inspection form had serious misrepresentations. Indeed, the inspectors later admitted that they never reviewed the key electrical items that they checked off on the …
A Drug By Any Other Name ... ? Paradoxes In Dietary Supplement Risk Regulation, Lars Noah, Barbara A. Noah
A Drug By Any Other Name ... ? Paradoxes In Dietary Supplement Risk Regulation, Lars Noah, Barbara A. Noah
Faculty Scholarship
Dietary supplements present vexing regulatory challenges for the Food and Drug Administration (FDA). Although several observers have called for reform or repeal of Dietary Supplement Health and Education Act (DSHEA), and the FDA often has lamented its lack of meaningful authority over dietary supplements, this Author suggests that the agency actually possesses the regulatory muscle to adopt a more aggressive risk identification and risk management strategy within the confines of DSHEA, and that it need not ask Congress to amend the statute.
The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
Faculty Scholarship
The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …
Rulemaking In The Ages Of Globalization And Information: What America Can Learn From Europe, And Vice Versa, Peter L. Strauss
Rulemaking In The Ages Of Globalization And Information: What America Can Learn From Europe, And Vice Versa, Peter L. Strauss
Faculty Scholarship
This Article stems from a project on European Union Administrative Law undertaken by the American Bar Association's Section on Administrative Law and Regulatory Practice. It explores the generation of normative texts by the Commission of the European Union, its executive body, from the perspective of Americans familiar with notice and comment rulemaking. Legislative drafting (an exclusive responsibility of the Commission), subordinate measures corresponding to American rules and regulations, and soft law generated by the Commission are all considered In creating legislative proposals, the Commission uses techniques quite like American rulemaking, but with consultative practices (including electronic consultations) that seem more …
The Accardi Principle, Thomas W. Merrill
The Accardi Principle, Thomas W. Merrill
Faculty Scholarship
This article is organized as follows. Part I reviews the history of the Accardi principle in the Supreme Court. We learn that the Court has intimated three different theories about the source of the Accardi principle, and has left many questions about its dimensions unanswered. Part II surveys the use of the principle by the D.C. Circuit. This provides additional insights into how the Accardi principle works in practice, including the importance of questions about the meaning of agency regulations and whether agency regulations can render otherwise unreviewable agency action subject to judicial review. Part III seeks to restate the …
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
Faculty Scholarship
This paper analyzes how electronic rulemaking is affecting the propensity of interest groups to file comments and replies at the Federal Communications Commission. The paper shows that exogenous events and a handful of issues drive filing behavior. Implications of the analysis are discussed.
Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern
Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern
Faculty Scholarship
Stunned by the terrorist attacks of September 11, 2001, the Bush administration adopted a new National Security Strategy in September 2002. The UK government took a similar stance. This new strategy calls for anticipatory attacks against potential enemies with uncertain capacities and intentions, even before their threat is imminent. Rather than wait for evidence of weapons of mass destruction, it shifts the burden of proof, obliging ‘‘rogue’’ states to show that they do not harbor weapons of mass destruction or terrorist cells, or else face the possibility of attack. This new strategy amounts to the adoption of the Precautionary Principle …