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Administrative Law

Selected Works

2019

Administrative Law

Articles 1 - 5 of 5

Full-Text Articles in Law

The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins Sep 2019

The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins

Neal E. Devins

No abstract provided.

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The Constitution Of Agency Statutory Interpretation, Evan J. Criddle Sep 2019

The Constitution Of Agency Statutory Interpretation, Evan J. Criddle

Evan J. Criddle

No abstract provided.

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Rethinking Patent Law In The Administrative State, Orin S. Kerr Jul 2019

Rethinking Patent Law In The Administrative State, Orin S. Kerr

Orin Kerr

This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.

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Administrative Searches, Technology And Personal Privacy, Russell L. Weaver Jun 2019

Administrative Searches, Technology And Personal Privacy, Russell L. Weaver

Russell L. Weaver

No abstract provided.

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Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan Dec 2018

Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan

Donald J. Kochan

The requirement that agencies give reasons for their actions and in support of their interpretations in administrative law serves important Rule of Law values. It forces agencies to consider how and whether their actions can be justified and provides a means of accountability, allowing the public to judge the agency actions by the reasons offered. One of the areas where reason-giving is most debated is in the face of a new administration that seeks to alter, amend, or repeal a rule that has already gone through the strenuous notice and comment rulemaking process. Administrative law allows such changes so long …

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