Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (2)
- Tax Law (2)
- Air and Space Law (1)
- Antitrust and Trade Regulation (1)
- Bankruptcy Law (1)
-
- Business Organizations Law (1)
- Commercial Law (1)
- Communications Law (1)
- Contracts (1)
- Criminal Law (1)
- Environmental Law (1)
- Intellectual Property Law (1)
- International Law (1)
- International Trade Law (1)
- Internet Law (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Politics (1)
- Law and Society (1)
- Other Law (1)
- Public Administration (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Public Policy (1)
- Securities Law (1)
- Social Welfare Law (1)
- Social and Behavioral Sciences (1)
- Taxation-Transnational (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
An Extinction Of Transparency: The Opaque Endangered Species List, Benjamin W. Cramer
An Extinction Of Transparency: The Opaque Endangered Species List, Benjamin W. Cramer
Benjamin W. Cramer
This article reconstructs the Endangered Species Act (ESA) as an informational statute with unresolved problems of transparency and disclosure. The article introduces the informational requirements of modern American environmental legislation, including the ESA. The article then examines the conflict between the substantive goals of the ESA and the procedural focus of American administrative jurisprudence. This is followed by a case history of the informational requirements of the ESA in general and the official endangered species list in particular, with coverage of political manipulation of the list and whether or not it is a truly transparent item of government-held information. The …
The Doctrine Of Proportionality, Mubashshir Sarshar
The Doctrine Of Proportionality, Mubashshir Sarshar
Mubashshir Sarshar
No abstract provided.
Agency-Specific Precedents, Robert L. Glicksman, Richard E. Levy
Agency-Specific Precedents, Robert L. Glicksman, Richard E. Levy
Robert L. Glicksman
As a field of legal study and practice, administrative law rests on the premise that legal principles concerning agency structure, administrative process, and judicial review cut across multiple agencies. In practice, however, judicial precedents addressing the application of administrative law doctrines to a given agency tend to rely most heavily on other cases involving the same agency, and use verbal formulations or doctrinal approaches reflected in those cases. Over time, the doctrine often begins to develop its own unique characteristics when applied to that particular agency. These “agency-specific precedents” deviate from the conventional understanding of the relevant principles as a …
Ad Law Incarcerated, Giovanna Shay
Ad Law Incarcerated, Giovanna Shay
Giovanna Shay
Prison and jail regulation is the administrative law of mass incarceration. Although the United States imprisons more people than any other nation, our corrections policies are a legal “no man’s land.” Scholars ignore them. Courts defer to them. States routinely exempt them from their administrative procedure act requirements. This Article focuses on the largely unexamined area of corrections regulation and makes the case for subjecting corrections policies to notice-and-comment rulemaking, or according them less deference. Corrections rules became increasingly important when the first wave of prison reform efforts produced bureaucratization of prison systems in the 1970s and early 1980s. Subsequently, …
Regulatory Reform In The States: Lessons From New Jersey, Stuart Shapiro, Deborah Borie-Holtz
Regulatory Reform In The States: Lessons From New Jersey, Stuart Shapiro, Deborah Borie-Holtz
Stuart Shapiro
While numerous examinations of the rulemaking process have occurred at the federal level, there is a dearth of studies about the effects of the proceduralization of the rulemaking process on state regulations. Our examination focuses on regulations promulgated in New Jersey, both prior to and following, major procedural changes enacted in the state in 2001. By choosing distinct leadership periods, one governed by Democrats and one by Republicans, we attempt to control for differences in political preferences for regulation. During the study years, we collected data on 1,707 regulations on a wide array of variables from the type of rulemaking, …