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Administrative Law

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1997

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Articles 31 - 60 of 70

Full-Text Articles in Law

Appeal No. 0605: Blaze Oil & Gas, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review May 1997

Appeal No. 0605: Blaze Oil & Gas, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-280

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Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese Apr 1997

Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese

All Faculty Scholarship

Over its thirteen year history, the negotiated rulemaking process has yielded only thirty-five final administrative rules. By comparison, the federal government publishes over 3,000 final rules each year through the ordinary notice-and- comment process. Why have federal agencies relied so little on negotiated rulemaking? I examine this question by assessing the impact of negotiating rulemaking on its two major purposes: (1) reducing rulemaking time; and (2) decreasing the amount of litigation over agency rules. My analysis suggests that the asserted problems used to justify negotiated rulemaking have been overstated and that the limitations of negotiated rulemaking have been understated. Negotiated …

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Appeal No. 0594: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Mar 1997

Appeal No. 0594: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-206

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Appeal No. 0579: Raymond Branham V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Mar 1997

Appeal No. 0579: Raymond Branham V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 95-49

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Appeal No. 0581: Roger Blodgett V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Mar 1997

Appeal No. 0581: Roger Blodgett V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-28

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Appeal No. 0596: Hanley Hardin V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission Feb 1997

Appeal No. 0596: Hanley Hardin V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 96-215

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Appeal No. 0597: Halwell Company V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission Feb 1997

Appeal No. 0597: Halwell Company V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 96-208

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Appeal No. 0599: Charlebois Energy Production V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission Feb 1997

Appeal No. 0599: Charlebois Energy Production V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 96-245

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Appeal No. 0595: Halwell Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1997

Appeal No. 0595: Halwell Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-199

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Appeal No. 0598: Halwell Company (Bt Energy Corporation) V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission Feb 1997

Appeal No. 0598: Halwell Company (Bt Energy Corporation) V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 96-209

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Appeal No. 0551: John G. Oliver V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1997

Appeal No. 0551: John G. Oliver V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 93-336

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Appeal No. 0588: Lor-San Oil Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1997

Appeal No. 0588: Lor-San Oil Company V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-152

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Appeal No. 0593: Bt Energy Corporation (Halwell Co.) V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1997

Appeal No. 0593: Bt Energy Corporation (Halwell Co.) V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Orders 96-197 and 96-209

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Appeal No. 0600: Olney Friends School, Inc., V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review Feb 1997

Appeal No. 0600: Olney Friends School, Inc., V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-254

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Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent Feb 1997

Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent

All Faculty Scholarship

No abstract provided.

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Analyzing Government Regulation, Joseph P. Tomain, Sidney A. Shapiro Jan 1997

Analyzing Government Regulation, Joseph P. Tomain, Sidney A. Shapiro

Faculty Articles and Other Publications

Pervasive government regulation, together with its general unpopularity, poses important questions for our polity: Can sense be made out of the seeming chaos of government programs? What are the costs and benefits of government regulation? Is the regulatory state effective in mitigating the economic and social problems that it addresses? Although administrative law scholars recognize these issues, most respond with process reforms, such as greater executive oversight or new methods of statutory interpretation, rather than by articulating substantive answers concerning what should be the substantive goals and norms of the regulatory state. Moreover, law school curricula usually ignore these systemic …

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Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford Mank Jan 1997

Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford Mank

Faculty Articles and Other Publications

This Article demonstrates that textualist Judges, most notably Justices Scalia, Thomas, and, to a lesser extent, Kennedy, have applied some canons too aggressively, and slighted others. Textualist Judges have overused clear-statement rules that narrow statutory meaning, especially as a means to promote federalism and states' rights. On the other hand, textualists have neglected canons that promote individual liberty or executive authority Because canons must be applied on a case-by-case basis and different canons can conflict, it is impossible to formulate one rule for how they should be applied. Nevertheless, the common textualist approach of selectively favoring some canons at the …

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Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff Jan 1997

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

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Shareholder Enforced Market Discipline: How Much Is Too Much?, Eric J. Gouvin Jan 1997

Shareholder Enforced Market Discipline: How Much Is Too Much?, Eric J. Gouvin

Faculty Scholarship

This Article considers the federal banking regulation regime implemented in response to the widespread bank failures of the 1980s and early 1990s. The first section of the Article examines the moral hazard problem created by the presence of the deposit insurance scheme and the market discipline debate that has attempted to correct the moral hazard problem. The Author argues that the law has evolved to make bank holding companies the primary enforcers of market discipline. The Article’s second section examines the specific regulatory changes that have been designed to create an incentive for bank holding companies to impose discipline on …

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Using Citizen Suits To Protect Biodiversity, William Snape Jan 1997

Using Citizen Suits To Protect Biodiversity, William Snape

Articles in Law Reviews & Other Academic Journals

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, …

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California Administrative Procedure Act. Administrative Adjudication, Office Of Administrative Hearings Jan 1997

California Administrative Procedure Act. Administrative Adjudication, Office Of Administrative Hearings

California Agencies

No abstract provided.

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Demystifying Deossification: Rethinking Recent Proposals To Modify Judicial Review Of Notice And Comment Rulemaking, Mark Seidenfeld Jan 1997

Demystifying Deossification: Rethinking Recent Proposals To Modify Judicial Review Of Notice And Comment Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.

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Administrative Law In The 21st Century, Andrew Popper Jan 1997

Administrative Law In The 21st Century, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Playing Games With The Timing Of Judicial Review: An Evaluation Of Proposals To Restrict Pre-Enforcement Review Of Agency Rules, Mark Seidenfeld Jan 1997

Playing Games With The Timing Of Judicial Review: An Evaluation Of Proposals To Restrict Pre-Enforcement Review Of Agency Rules, Mark Seidenfeld

Scholarly Publications

No abstract provided.

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Hard Look Review In A World Of Techno-Bureaucratic Decisionmaking: A Reply To Professor Mcgarity, Mark Seidenfeld Jan 1997

Hard Look Review In A World Of Techno-Bureaucratic Decisionmaking: A Reply To Professor Mcgarity, Mark Seidenfeld

Scholarly Publications

No abstract provided.

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Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler Jan 1997

Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler

Faculty Scholarship

Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …

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The Administrative Law Agenda For The Next Decade, Jeffrey Lubbers Jan 1997

The Administrative Law Agenda For The Next Decade, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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The 1996 Revised Florida Administrative Procedure Act: A Survey Of Major Provisions Affecting Florida Agencies, Jim Rossi Jan 1997

The 1996 Revised Florida Administrative Procedure Act: A Survey Of Major Provisions Affecting Florida Agencies, Jim Rossi

Vanderbilt Law School Faculty Publications

In the spring of 1996, the Florida Legislature adopted a revised Administrative Procedure Act (APA),' the first massive overhaul of Florida's APA since its initial adoption over twenty years ago, in 1974. This Article examines the recent history of APA reform in Florida and surveys several provisions of the 1996 revised Florida APA that are likely to have a major effect on agency governance. Part II of this Article briefly reviews the recent history of regulatory reform in the state of Florida. Part III discusses an interesting innovation in Florida's 1996 APA revisions that governs agency waiver of rules and …

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The Consent Of The Governed: Against Simple Rules For A Complex World, Cynthia R. Farina Jan 1997

The Consent Of The Governed: Against Simple Rules For A Complex World, Cynthia R. Farina

Cornell Law Faculty Publications

Professor Farina argues that recent proponents of enhanced presidential power overstate the ability of the President to legitimize the regulatory state. It accuses pro-presidentialists of premising their claims on a conception of the "will of the people" that is neither an accurate description of how citizens actually participate in modern government nor an authentic constitutional understanding of how citizens would consent to public policy decisions. The paper concludes by insisting that no single mode of democratic legitimization can "save" the regulatory enterprise; rather, administrative law must look to a plurality of institutions and practices that contribute to an ongoing process …

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The Arrow Of The Law In Modern Administrative States: Using Complexity Theory To Reveal The Diminishing Returns And Increasing Risks The Burgeoning Of Law Poses To Society, J.B. Ruhl, Harold J. Ruhl Jr. Jan 1997

The Arrow Of The Law In Modern Administrative States: Using Complexity Theory To Reveal The Diminishing Returns And Increasing Risks The Burgeoning Of Law Poses To Society, J.B. Ruhl, Harold J. Ruhl Jr.

Vanderbilt Law School Faculty Publications

This article is the third in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first two installments (in the Duke and Vanderbilt law reviews), this work examines the "arrow" or direction of the legal system in the context of the administrative state. Drawing from diverse work such as Burke's study of history's nonlinearity and Tainter's classic study of the collapse of complex civilizations, we argue that the administrative state is becoming too resource intensive and burdened by a proliferation of rules.

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