Law Commons^™

Delegation And Its Discontents (Reviewing David Schoenbrod, Power Without Responsibility, Harold J. Krent

All Faculty Scholarship

No abstract provided.

Appeal No. 0510: Transcontinental Oil And Gas, Inc., Et Al., V. Donald L. Mason, Chief, Division Of Oil And Gas Ohio Department Of Natural, Resources, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 92-216

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

California Agencies

No abstract provided.

Judicial Review Of Discretionary Immigration Decisionmaking, 31 San Diego L. Rev. 861 (1994), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

The Immigration and Nationality Act vests enormous discretion in the Attorney General and her subordinates, a discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article will explore the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. It will demonstrate the "disintegration" of administrative law and the failure of its general precepts to accommodate immigration issues. Next, it will trace the development of faulty doctrine through case law, resulting in a terribly stunted judicial …

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.

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Scholarly Works

No abstract provided.

Informal Agency Actions And U.S. Administrative Law -- Informal Procedure In A Global Era, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Redeeming Judicial Review: The Hard Look Doctrine And Federal Regulatory Efforts To Restructure The Electric Utility Industry, Jim Rossi

Vanderbilt Law School Faculty Publications

Recent policy-effect studies denounce judicial review for its adverse effects on agency decisionmaking. In its strong version, the policy-effect thesis suggests that judicial review has paralized innovative agency decisionmaking. Professor Rossi reacts to policy-effect studies, particularly as they have been used to attack the hard look doctrine in administrative law. He revisits Professor Richard Pierce's policy-effect description of the effects of judicial review of the Federal Energy Regulatory Commission (FERC). Professor Rossi's survey of recent FERC decisionmaking provides some support for an attenuated version of the policy-effect thesis, but leads him to reject the strong version of the thesis. Much …

Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins

Faculty Publications

No abstract provided.

Anatomy Of A Regulatory Program: Comment On 'Strategic Regulators And The Choice Of Rulemaking Procedures', Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

Besides being a very interesting, cogent, and even a tidy study, "Strategic Regulators" sheds some bright light on agency behavior and on the important issue of whether agency rulemaking may be "ossifying."

The study design employed by Hamilton and Schroeder is attractively simple. They started with all of the Environmental Protection Agency's ("EPA's") hazardous waste regulations under the Resource Conservation and Recovery Act ("RCRA") appearing in the Code of Federal Regulations ("CFR"), counting each decimal point CFR number as a separate rule. This yielded 697 rules. They then examined all EPA/RCRA guidance documents issued since the inception of the program …

The Sec And The Future Of Corporate Governance, Mark J. Loewenstein

Publications

No abstract provided.

National Performance Review: A Renewed Commitment To Strengthening The Intergovernmental Partnership, Patricia E. Salkin

Scholarly Works

No abstract provided.

Working Papers As Federal Records: The Need For New Legislation To Preserve The History Of National Policy, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This article deals with policy records at the "front end" of their lives; that is, preserving them from destruction by federal agencies in the decades immediately after their creation. It does not deal with the destruction of archived documents by Archives officials themselves. It discusses only in passing the related question of how long a policy record should be sealed off from public inspection; the literature includes a variety of opinions on that subject. The author is content to leave to others the problem of just where to draw the balance between making historical documentation available soon enough so that …

The Rise And Rise Of The Administrative State, Gary S. Lawson

Faculty Scholarship

The post-New Deal administrative state is unconstitutional, and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution. The original New Dealers were aware, at least to some degree, that their vision of the national government's proper role and structure could not be squared with the written Constitution: The Administrative Process, James Landis's classic exposition of the New Deal model of administration, fairly drips with contempt for the idea of a limited national government subject to a formal, tripartite separation of powers. Faced with a choice between the administrative state and the Constitution, the architects …

Better Regulations: The National Performance Review's Regulatory Reform Recommendations, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain

Articles by Maurer Faculty

No abstract provided.

Searching For Gatt's Environmental Miranda, William Snape

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: While the clairvoyant may have anticipated it earlier, the policy struggle between environmental protection and liberal trade effectively began in August 1991. That month, as has been recounted numerous times, a General Agreement on Tariffs and Trade (GATT) arbitral panel declared that provisions of the U.S. Marine Mammal Protection Act (MMPA) were contrary to existing GATT rules. Although the panel's decision had several distinct legal elements, the crux of the dispute brought by the government of Mexico-and the basis of the panel's decision-was the U.S. executive's mandate to ban the importation of certain tuna caught by a fishing technique …