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- Donald J. Kochan (5)
- Jill E. Family (5)
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- Robert C Power (4)
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- Rena I. Steinzor (3)
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- Luke A. Boso (1)
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- Sean Farhang (1)
- Shruti Rana (1)
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- Thomas A. Schweitzer (1)
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Articles 31 - 51 of 51
Full-Text Articles in Law
Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver
Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver
Thomas A. Schweitzer
No abstract provided.
Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena Steinzor
Rena I. Steinzor
Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family
Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family
Jill E. Family
An Introduction To The 2010 Model State Administrative Procedure Act, John L. Gedid
An Introduction To The 2010 Model State Administrative Procedure Act, John L. Gedid
John L. Gedid
No abstract provided.
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
Oscar S. Gray
No abstract provided.
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
Rena I. Steinzor
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 …
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana
Shruti Rana
Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …
A Broader View Of The Immigration Adjudication Problem, Jill Family
A Broader View Of The Immigration Adjudication Problem, Jill Family
Jill E. Family
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
Luke A. Boso
In May 2004, the Food and Drug Administration (FDA) announced a final rule to be published in the Federal Register that would establish eligibility criteria for persons seeking to donate sperm and other human cells and tissues. Concurrently, the FDA issued a draft guidance document that provides recommendations for complying with the requirements, listing men who have had sex with another man in the preceding 5 years (MSMs) as the number one risk factor. The FDA does not, however, make a distinction between MSMs who practice safe sex and those who have unprotected sex, nor does it identify men who …
Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson
Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson
Kenneth Anderson
Alj Ethics: Conundrums, Dilemmas, And Paradoxes, John L. Gedid
Alj Ethics: Conundrums, Dilemmas, And Paradoxes, John L. Gedid
John L. Gedid
No abstract provided.
Modern Ethical Dilemmas For Aljs And Government Lawyers: Conflicts Of Interest, Appearances Of Impropriety, And Other Ethical Considerations, Introduction, Robert C. Power
Robert C Power
No abstract provided.
Rulemaking Developments, Robert C. Power
Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Decisions, John L. Gedid
John L. Gedid
No abstract provided.
Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid
Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid
John L. Gedid
No abstract provided.
Integrating Theory With Practice, Robert C. Power
Integrating Theory With Practice, Robert C. Power
Robert C Power
No abstract provided.
An Analysis And Explanation Of The Equal Access To Justice Act, Louise L. Hill
An Analysis And Explanation Of The Equal Access To Justice Act, Louise L. Hill
Louise L Hill
No abstract provided.
Help Is Sometimes Close At Hand: The Exhaustion Problem And The Ripeness Solution, Robert C. Power
Help Is Sometimes Close At Hand: The Exhaustion Problem And The Ripeness Solution, Robert C. Power
Robert C Power
No abstract provided.
The Appropriateness And Design Of Categorical Decision-Making Systems, John J. Capowski
The Appropriateness And Design Of Categorical Decision-Making Systems, John J. Capowski
John J. Capowski
No abstract provided.
Accuracy And Consistency In Categorical Decision-Making: A Study Of Social Security's Medical-Vocational Guidelines─Two Birds With One Stone Or Pigeon-Holing Claimants?, John J. Capowski
John J. Capowski
No abstract provided.