Law Commons^™

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey Lubbers

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No abstract provided.

Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers

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Introduction: In President Bush's first press conference after the bitter 2004 election, he remarked:"With the campaign over,Americans are expecting a bipartisan effort and results." l He also commented that," [O]ne of the disappointments of being here in Washington is how bitter this town can become and how divisive. I'm not blaming one party or the other. It's just the reality of Washington, D.C ... It also makes it difficult to govern at times."2 The President actually took a first step to promoting bipartisanship and reducing bitterness in Washington a few days before the election on October 30, 2004, by signing …

A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers

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No abstract provided.

Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda

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INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …

Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii

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No abstract provided.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

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For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

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No abstract provided.

Strengthening Access To Information And Public Participation In Transition Countries - Latvia As A Case Study In Administrative Law Reform, Jeffrey Lubbers

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No abstract provided.

The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis

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This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …

Protecting Ecosystems Under The Endangered Species Act, William Snape

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INTRODUCTION: CAN THE TORTOISE STILL BEAT THE HARE? Can the tortoise even enter the race with its fabled competitor? Unfortunately, the desert tortoise is threatened with extinction and, consequently, most United States populations of this biological wonder are listed under the federal Endangered Species Act (ESA or Act) as a result of rampant habitat loss and other human causes. As desert tortoise numbers have declined, the species has also suffered from disease and predation.

Judicial Review Of Fda Preemption Determinations, Amanda Frost

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No abstract provided.

Administrative Law In The 21st Century, Andrew Popper

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No abstract provided.

The Aba Section Of Administrative Law And Regulatory Practice - From Objector To Protector Of The Apa, Jeffrey Lubbers

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No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

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This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

Using Citizen Suits To Protect Biodiversity, William Snape

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INTRODUCTION: Over the past several decades, environmental advocates have expended enormous effort attempting to pass laws that protect air, water, land and species.' But even the best written laws will not be effective unless they are implemented. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal agencies sometimes do not enforce or obey the laws they are charged to uphold. For instance, …

Administrative Law In The 21st Century, Andrew Popper

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No abstract provided.

The Administrative Law Agenda For The Next Decade, Jeffrey Lubbers

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No abstract provided.

Apa-Adjudication: Is The Quest For Uniformity Faltering, Jeffrey Lubbers

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No abstract provided.

Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter

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No abstract provided.

Regulatory Reform Recommendations Of The National Performance Review, Jeffrey Lubbers

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No abstract provided.

Anatomy Of A Regulatory Program: Comment On 'Strategic Regulators And The Choice Of Rulemaking Procedures', Jeffrey Lubbers

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Besides being a very interesting, cogent, and even a tidy study, "Strategic Regulators" sheds some bright light on agency behavior and on the important issue of whether agency rulemaking may be "ossifying."

The study design employed by Hamilton and Schroeder is attractively simple. They started with all of the Environmental Protection Agency's ("EPA's") hazardous waste regulations under the Resource Conservation and Recovery Act ("RCRA") appearing in the Code of Federal Regulations ("CFR"), counting each decimal point CFR number as a separate rule. This yielded 697 rules. They then examined all EPA/RCRA guidance documents issued since the inception of the program …

Searching For Gatt's Environmental Miranda, William Snape

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INTRODUCTION: While the clairvoyant may have anticipated it earlier, the policy struggle between environmental protection and liberal trade effectively began in August 1991. That month, as has been recounted numerous times, a General Agreement on Tariffs and Trade (GATT) arbitral panel declared that provisions of the U.S. Marine Mammal Protection Act (MMPA) were contrary to existing GATT rules. Although the panel's decision had several distinct legal elements, the crux of the dispute brought by the government of Mexico-and the basis of the panel's decision-was the U.S. executive's mandate to ban the importation of certain tuna caught by a fishing technique …

Better Regulations: The National Performance Review's Regulatory Reform Recommendations, Jeffrey Lubbers

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No abstract provided.

The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers

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No abstract provided.

The Apa Procedural Rule Exemption: Looking For A Way To Clear The Air, Jeffrey Lubbers

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No abstract provided.

Management Of Federal Agency Adjudication, Jeffrey Lubbers

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No abstract provided.

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman

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No abstract provided.

Water Marketing And Instream Flows: The Next Step In Protecting California's Instream Values, Paul Williams, Stephen J. Mchugh

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No abstract provided.

Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey Lubbers

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No abstract provided.

Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers

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No abstract provided.