Law Commons^™

The "Chief Executive" And The Quiet Constitutional Revolution, Cynthia R. Farina

Cornell Law Faculty Publications

Judicial Review Of Petitions, Cynthia R. Farina

Cornell Law Faculty Publications

Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for …

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications

Getting From Here To There, Cynthia R. Farina

Cornell Law Faculty Publications

Conceiving Due Process, Cynthia R. Farina

Cornell Law Faculty Publications

Statutory Interpretation And The Balance Of Power In The Administrative State, Cynthia R. Farina

Cornell Law Faculty Publications

How Separation Of Powers Protects Individual Liberties, Cynthia R. Farina

Cornell Law Faculty Publications

No abstract provided.

Bankruptcy In The Administrative State, Theodore Eisenberg

Cornell Law Faculty Publications

Judicial Law Making And Administration, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

What Is The Public Interest? Who Represents It?, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Citizen Suits In The Environmental Field – Peril Or Promise?, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

On Leading A Horse To Water: Nepa And The Federal Bureaucracy, Roger C. Cramton, Richard K. Berg

Cornell Law Faculty Publications

No abstract provided.

Causes And Cures Of Administrative Delay, Roger C. Cramton

Cornell Law Faculty Publications

Although administrative agencies have been created to provide expeditious determinations of matters that courts and legislatures could not handle, delay still continues. Three basic methods of attacking the problem have been suggested – reduce the number of cases to be decided; increase the capacity of the system to decide the cases; and reduce the time required to decide individual cases.

Regulatory Structure And Regulatory Performance: A Critique Of The Ash Council Report, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

A Title Change For Federal Hearing Examiners? "A Rose By Any Other Name…”, Roger C. Cramton

Cornell Law Faculty Publications

Hearing examiners are a vital element in the federal administrative process. The quality of administrative justice, as perceived by the citizens who are affected by Government, is greatly influenced by their actions. Federal hearing examiners enjoy great respect in the agencies and from the bar due to their general high quality and excellent performance over the years. During the next quarter-century under the Administrative Procedure Act we can expect even larger accomplishments to flow from the men who hold this high office.

A Federal Ombudsman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

A Comment On Trial-Type Hearings In Nuclear Power Plant Siting, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Why, Where And How Of Broadened Public Participation In The Administrative Process, Roger C. Cramton

Cornell Law Faculty Publications

The actions of federal administrative agencies – rules, orders, licenses, loans, grants, contracts, and the like – have enormous effects on individuals and groups. Yet affected persons and groups are not always accorded the opportunity to participate in decision making procedures that affect them. Mr. Cramton argues that broadened public participation will improve administrative decisions and give them greater legitimacy and acceptance. After discussing the types of proceedings in which public participation is desirable and the limitations that should be placed upon it, Mr. Cramton evaluates various proposals for assuring the desired degree of public participation.

Proposals For Change In The Structure Of Antitrust Enforcement: The Department Of Justice, The Ftc And The Courts, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Nonstatutory Review Of Federal Administrative Action: The Need For Statutory Reform Of Sovereign Immunity, Subject Matter Jurisdiction, And Parties Defendant, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Some Modest Suggestions For Improving Public Utility Rate Proceedings, Roger C. Cramton

Cornell Law Faculty Publications

The agencies regulating public utilities are under attack as ineffective and inefficient. Professor Cramton here discusses the procedural impediments to efficient and coherent regulation on both the state and federal levels. To improve administrative procedure in this area, Professor Cramton recommends retention of the adversary form of rate proceedings as a useful truth testing device, wider use of hearing examiners, adoption of a system of written presentation of evidence, and placing greater personal decisional responsibility on agency heads.

The Doctrine Of Exhaustion Of Administrative Remedies In Michigan, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Effectiveness Of Economic Regulation: A Legal View, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Administrative Procedure Reform: The Effects Of S. 1663 On The Conduct Of Federal Rate Proceedings, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Diversification Of Ownership In The Regulated Industries – The Folklore Of Regulation, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.