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- Faculty Publications (12)
- Articles in Law Reviews & Other Academic Journals (9)
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- William & Mary Environmental Law and Policy Review (4)
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- Jeffrey Lubbers (2)
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- Michael S. Green (1)
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Articles 1 - 30 of 54
Full-Text Articles in Law
Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters, Chase Corey
Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters, Chase Corey
William & Mary Environmental Law and Policy Review
As society progresses and the population grows, uninhibited and unregulated pollution has become a pressing dilemma for current and future generations. Whether it is plastic on the beaches, oil in the oceans, or smog in the air, modern citizens of the Earth face a daily onslaught of visible consequences from the actions of polluters. But what about the not so visible consequences? Every day there is pollution occurring at a microscopic level, yet many are unaware of its presence. This infinitesimal issue is nutrient pollution, and despite its diminutive cause, it is deeply affecting one of the world’s most vital …
Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg
Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg
Ronald H. Rosenberg
Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. Environmental Protection Agency (EPA) the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines a recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on …
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle
Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Chevron's Consensus, Evan J. Criddle
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Interauthority Relationships, Michael S. Green
Crow Indian Tribe V. United States, Hallee Kansman
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules, Jeffrey Lubbers
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
Lubbers discusses whether issue exhaustion have a place in judicial review of rules.
Interauthority Relationships, Michael S. Green
Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers
Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers
Jeffrey Lubbers
Una Propuesta De Formulación De Principios Jurídicos De La Fase De Ejecución De Los Contratos Públicos De Concesión De Servicios Públicos Y Obras Públicas De Infraestructura, Ramon Huapaya Jr.
Ramon Huapaya Jr.
In this article, the author approaches the complex issue of the nature of the concession contract, under the premise of accepting the unitary theory of the public contracts. Is analyzed this type of contract under the promotion system of private investment in Peru, led to public utilities and public infrastructure works legal regime which is used by the Peruvian State to relate to private entities that are responsible for such activities.
Furthermore, the author also emphasizes the various principies that have to prevail in this type of concession contracts.
Analysis Of Three Current Trends In Administrative Law: Reducing Administrative Delay, Expanding Public Participation, And Increasing Agency Accountability , Gregory L. Ogden
Analysis Of Three Current Trends In Administrative Law: Reducing Administrative Delay, Expanding Public Participation, And Increasing Agency Accountability , Gregory L. Ogden
Pepperdine Law Review
No abstract provided.
Acceso Garantizado: El Procedimiento Administrativo Y El Acto Administrativo En El Acceso A La Información Pública, Javier André Murillo Chávez
Acceso Garantizado: El Procedimiento Administrativo Y El Acto Administrativo En El Acceso A La Información Pública, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
Faculty Publications
No abstract provided.
Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle
Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle
Faculty Publications
No abstract provided.
"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein
"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein
William & Mary Law Review
Administrative agencies wield a necessary but dangerous power. Some control of that power is constitutionally required and normatively justified. Yet widely discordant views persist concerning the appropriate means of control. Scholars have proposed competing administrative control models that variably place the judiciary, the President, and Congress at the helm. Although these models offer critical insights into the institutional competencies of the respective branches, they tend to understate the limitations of those branches to check administrative power and ultimately marginalize the public interest costs occasioned by second-guessing administrative choice. The “relative checks” paradigm introduced here seeks to improve upon existing models …
Chevron's Consensus, Evan J. Criddle
Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg
Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg
Faculty Publications
Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. Environmental Protection Agency (EPA) the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines a recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on …
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Faculty Publications
No abstract provided.
The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers
The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Administrative Decisionmaking By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner
William & Mary Environmental Law and Policy Review
No abstract provided.
Democratizing The Administrative State, Richard J. Pierce Jr.
Democratizing The Administrative State, Richard J. Pierce Jr.
William & Mary Law Review
Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The …
Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia
Administrative Procedure And Democracy: The Italian Experience, Fabrizio Fracchia
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Good Administration And Administrative Procedures, Juli Ponce
Good Administration And Administrative Procedures, Juli Ponce
Indiana Journal of Global Legal Studies
Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The Information Quality Act And Environmental Protection: The Perils Of Reform By Appropriations Rider, Sidney A. Shapiro
The Information Quality Act And Environmental Protection: The Perils Of Reform By Appropriations Rider, Sidney A. Shapiro
William & Mary Environmental Law and Policy Review
No abstract provided.
The Chesapeake Bay Restoration Act Of 2000: New Requirements For Federal Agencies, Michael T. Palmer
The Chesapeake Bay Restoration Act Of 2000: New Requirements For Federal Agencies, Michael T. Palmer
William & Mary Environmental Law and Policy Review
No abstract provided.
A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers
A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.