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Articles 1 - 26 of 26
Full-Text Articles in Law
The Role Of U.S. Government Regulatioms, Bert Chapman
The Role Of U.S. Government Regulatioms, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.
Outsourcing Self-Regulation, Marsha Griggs
Outsourcing Self-Regulation, Marsha Griggs
All Faculty Scholarship
Answerable only to the courts that have the sole authority to grant or withhold the right to practice law, lawyers operate under a system of self-regulation. The self-regulated legal profession staunchly resists external interference from the legislative and administrative branches of government. Yet, with the same fervor that the legal profession defies non-judicial oversight, it has subordinated itself to the controlling influence of a private corporate interest. By outsourcing the mechanisms that control admission to the bar, the legal profession has all but surrendered the most crucial component of its gatekeeping function to an industry that profits at the expense …
Teaching Voluntary Codes And Standards To Law Students, Cary Coglianese, Caroline Raschbaum
Teaching Voluntary Codes And Standards To Law Students, Cary Coglianese, Caroline Raschbaum
All Faculty Scholarship
Voluntary codes and standards issued by nongovernmental institutions affect many aspects of legal work and daily life. Although these codes and standards are voluntary—that is, they are not directly enforceable through civil or criminal penalties—they can and do often shape behavior. Codes and standards inform business practices and product designs. They affect the provisions of contracts and the licensing of patents. And, among still other uses, they affect the handling of evidence in criminal law matters.
More broadly, voluntary codes and standards can play a role similar to, or even take the place of, government regulations. Regulators regularly defer to …
Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler
Private Standards And The Benzene Case: A Teaching Guide, Cary Coglianese, Gabriel Scheffler
All Faculty Scholarship
Private standards play a central role in the governance of economic activity. They also figure significantly in many public regulations, with more than 17,000 references to private standards contained in the federal regulatory code. Nevertheless, private standards remain largely overlooked in law school curricula. One clear example is Industrial Union Department, AFL-CIO v. American Petroleum Institute (often referred to as the “Benzene Case”), a 1980 Supreme Court decision that is widely excerpted and discussed in major casebooks on administrative law, regulation, environmental law, and statutory interpretation. The Benzene Case raises several important legal issues, including the nondelegation doctrine, the use …
Jerry L. Mashaw And The Public Law Curriculum, Peter L. Strauss
Jerry L. Mashaw And The Public Law Curriculum, Peter L. Strauss
Faculty Scholarship
Jerry L. Mashaw’s magisterial account of the first one hundred years of Administrative law sharply distinguishes between internal and external administrative law – between those contributions to the regularity and legality of agency behavior that emerge from its own institutions and practices, and the constraints imposed by external actors – legislative, executive, and judicial. The “systems of internal control and audit” he found common to nineteenth-century governance are subordinated, if not suppressed in today’s thinking about administrative law.
In our world of multiple transsubstantive statutes and ubiquitous judicial review, we tend to think of our administrative constitution as a set …
Newsroom: Clerking For Scalia 02-15-2016, Roger Williams University School Of Law
Newsroom: Clerking For Scalia 02-15-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Teaching Substantive Environmental Law And Practice Skills Through Interest Group Role-Playing, Karl S. Coplan
Teaching Substantive Environmental Law And Practice Skills Through Interest Group Role-Playing, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
Most law students take their first introductory course in environmental law during their second year of law school. The traditional first-year curriculum does little to prepare students for the complex statutory and regulatory models for most environmental regulation. Law students at the end of their first year often have had little exposure to statutory interpretation. Further, they often have no exposure to administrative law and regulatory implementation. These students may expect statutes to provide clear statements of rules rather than guidelines for administrative rulemaking. They also tend to view the lawmaking and interpretive process through the traditional lens of congressional …
Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack
Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack
Vanderbilt Law School Faculty Publications
This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school curriculum — approaches the debate over adopting these courses by looking back to the controversy stirred by teaching administrative law in law schools at the beginning of the twentieth century. This essay argues that sources of resistance to administrative law at that time not only help to explain the slow pace of adoption of “Leg-Reg” and “Reg-State” courses today, but also inform what material these new courses should cover. At the turn of the century, both …
Teaching Access, Or Freedom Of Information Law, Richard J. Peltz-Steele
Teaching Access, Or Freedom Of Information Law, Richard J. Peltz-Steele
Faculty Publications
Based on the author's experience developing and administering the course and materials, this article provides an introduction and resources to teach a graduate journalism or professional law school course on access to government, commonly called "freedom of information law", which may be constructed as a capstone course in law school. The appendices provide supporting material and references.
Law In The Time Of Cholera: Teaching Disaster Law As A Research Course, Neal R. Axton
Law In The Time Of Cholera: Teaching Disaster Law As A Research Course, Neal R. Axton
Faculty Scholarship
Disaster law is fun to teach but it has a serious purpose. Emergencies will inevitably arise but how society responds to them will determine whether or not they become full-blown disasters. Training law students to adapt to dynamic situations will give them the skills they need in a world facing global warming, resource depletion, and a burgeoning population. By creating a more robust legal system, we can create a more resilient society.
Originally published in the May 2011 issue of AALL Spectrum.
On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss
On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss
Faculty Scholarship
At a recent conference, a new judge from one of the federal courts of appeal – for the United States, the front line in judicial control of administrative action-made a plea to the lawyers in attendance. Please, he urged, in briefing and arguing cases reviewing agency actions, help us judges to understand their broader contexts. So often, he complained, the briefs and arguments are limited to the particular small issues of the case. We get little sense of the broad context in which it arises – the agency responsibilities in their largest sense, the institutional issues that may be at …
Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson
Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
Administrative law is one of the courses students love to hate. This is particularly true in schools where Admin is a required course, since many students in the class would not take it otherwise, and gripe about being forced to. The problem with Admin law – for both the teacher and the student – is that it is such a vast topic that teaching it in a manner students can comprehend is diffi cult. When I was asked to teach Admin law last year, I looked at this as a challenge, rather than a burden. Because I am fairly comfortable …
Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate
Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann
Throwing Stones At The Mudbank: The Impact Of Scholarship On Administrative Law, Ronald A. Cass, Jack M. Beermann
Faculty Scholarship
The impact of administrative law scholarship on administrative law seems at first blush both a relatively straightforward issue and one that academicians should be especially eager to engage. But there is reason to doubt both propositions. First, any effort to grapple with this topic compels the conclusion that the issue is by no means straightforward. As Peter Strauss recently observed, the question of the influence of administrative law scholarship necessarily becomes as well the influence of active engagement in the practice of administrative law on scholarship.' Moreover, the questions implicated in this assessment cannot be narrowly compassed. The topic requires …
Simulation And Role Playing In Administrative Law, Michael Botein
Simulation And Role Playing In Administrative Law, Michael Botein
Articles & Chapters
No abstract provided.
Simulation & Roleplaying In Administrative Law, Michael Botein
Simulation & Roleplaying In Administrative Law, Michael Botein
Other Publications
No abstract provided.
Roundtable On Administrative Law: Proceedings, William Burnett Harvey
Roundtable On Administrative Law: Proceedings, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Book Review. Davis, K.C., Administrative Law Text, Ralph F. Fuchs
Book Review. Davis, K.C., Administrative Law Text, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Gelhorn, W. And C. Byse, Administrative Law, Cases And Comments, Ralph F. Fuchs
Book Review. Gelhorn, W. And C. Byse, Administrative Law, Cases And Comments, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Gelhorn, W. And C. Byse, Administrative Law, Cases And Comments, Ralph F. Fuchs
Book Review. Gelhorn, W. And C. Byse, Administrative Law, Cases And Comments, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Administrative Law: Cases And Materials By Walter Gellhorn And Clark Byse, Ivan C. Rutledge
Book Review. Administrative Law: Cases And Materials By Walter Gellhorn And Clark Byse, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Book Review. Jaffe, L.L., Administrative Law: Cases And Materials, Ralph F. Fuchs
Book Review. Jaffe, L.L., Administrative Law: Cases And Materials, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Stein, H. (Ed.), Public Administration And Policy Development: A Case Book, Ralph F. Fuchs
Book Review. Stein, H. (Ed.), Public Administration And Policy Development: A Case Book, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Local Government By Jefferson B. Fordham, Frank Edward Horack Jr.
Book Review. Local Government By Jefferson B. Fordham, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs
Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Stason, E.B., The Law Of Administrative Tribunals: A Collection Of Judicial Decisions, Statutes, Administrative Rules And Orders And Other Materials For Use In Courses On Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.