Law Commons^™

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

Scholarly Publications

No abstract provided.

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.

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

Scholarly Publications

No abstract provided.

Fog, Fairness, And The Federal Fisc: Tenancy-By-The-Entireties And The Federal Tax Lien, Steve R. Johnson

Scholarly Publications

No abstract provided.

A Syncopated Chevron: Emphasizing Reasoned Decision-Making In Reviewing Agency Interpretations Of Statutes, Mark Seidenfeld

Scholarly Publications

No abstract provided.

A Big Picture Approach To Presidential Influence Of Agency Policy, Mark Seidenfeld

Scholarly Publications

No abstract provided.

A Civic Republican Justification For The Bureaucratic State, Mark Seidenfeld

Scholarly Publications

Scholars have debated the legitimacy of the modern administrative state since its rise in the early twentieth century. In this Article, Professor Seidenfeld argues that the political theory of civic republicanism, with its emphasis on citizen participation in government and deliberative decisionmaking, provides the best justification for the American bureaucracy. Beginning with an analysis of civic republican theory, he notes that it promises greater citizen involvement in political decisionmaking, yet at the same time threatens to increase government power. Professor Seidenfeld finds that the current regime of administrative law neither allows for the full realization of civic republicanism's potential nor …

Some Jurisprudential Perspectives On Employment Sex Discrimination Law And Comparable Worth, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Note, Reasonable Relation Reassessed: The Examination Of Private Documents By Federal Regulatory Agencies, Steve R. Johnson

Scholarly Publications

In the attempt to bring complex patterns of social and economic interaction under effective public control, Congress has relied increasingly on federal regulatory agencies. These agencies can fulfill their statutory missions only if they possess adequate information to determine both when exercise of their substantive powers would be appropriate and what form that exercise should assume. Without knowledge of the actual conditions prevalent in the areas committed to their supervision, agencies can act only capriciously.

Of necessity, much of the data needed by regulatory agencies must be obtained from the regulated individuals or companies themselves. Although such information often is …