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Articles 1 - 8 of 8

Full-Text Articles in Law

The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins Oct 2000

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

Faculty Publications

No abstract provided.


Rethinking Patent Law In The Administrative State, Orin S. Kerr Oct 2000

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

William & Mary Law Review

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.


Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah May 2000

Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah

William & Mary Law Review

No abstract provided.


Judicial Review And The Small Business Regulatory Enforcment Fairness Act: An Early Examination Of When And Where Judges Are Using Their Newly Granted Power Over Federal Regulatory Agencies, Jeffrey J. Polich Apr 2000

Judicial Review And The Small Business Regulatory Enforcment Fairness Act: An Early Examination Of When And Where Judges Are Using Their Newly Granted Power Over Federal Regulatory Agencies, Jeffrey J. Polich

William & Mary Law Review

No abstract provided.


The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater Feb 2000

The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater

Boston College Law School Lectures and Presentations

This presentation was the product of an invitation to speak at a symposium for students and faculty from a variety of different non-law departments at the University of Tennessee, where in 1973 I had started what became a six-year legal campaign to divert the Tennessee Valley Authority from impounding the last flowing 33 miles of the Little Tennessee River behind TVA’s Tellico Dam.


Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro Jan 2000

Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro

Faculty Scholarship

No abstract provided.


An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr. Jan 2000

An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring Jan 2000

Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Boston College Law School Faculty Papers

The past decade has been a tumultuous and energized period in the study of administrative law and regulatory regimes. Debate continues over both positive and normative theories of the administrative state, as well as over the appropriate directions of innovation and reinvention. Among legislators and the public, the tax system and the IRS have been targets for criticism. This article outlines and evaluates a recent procedural innovation in the tax area, the Advance Pricing Agreement Program, linking procedural innovation to the broader issues of administrative law theory and regulatory reform. Ultimately, detailed understandings of innovations in administrative systems are essential ...