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Full-Text Articles in Law
Environmental Health Regulation In The Trump Era: How President Trump’S Two-For-One Regulatory Plan Impacts Environmental Regulation, Elizabeth Ann Glass Geltman
Environmental Health Regulation In The Trump Era: How President Trump’S Two-For-One Regulatory Plan Impacts Environmental Regulation, Elizabeth Ann Glass Geltman
University of Michigan Journal of Law Reform
This Article explores the Trump regulatory reform agenda and its potential impact on environmental determinants of health. The Article begins with a discussion of the Department of Commerce’s (DOC or Commerce) initial fact-finding investigation to evaluate the impact of federal regulations on domestic manufacturing. The Article next presents an overview of the Trump administration’s regulatory reform formula as announced in E.O. 13771 and the interim guidance explaining E.O. 13771 and E.O. 13777 (the executive order announcing the Trump administration’s plans to enforce the regulatory reform plan announced in E.O. 13771). The Article then examines the federal agency initiatives undertaken in …
Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat
University of Michigan Journal of Law Reform
This Note analyzes the new HUD rule finalized in November 2016, which dramatically changed the structure of the Housing Choice Voucher program in select metropolitan areas. In August 2017, HUD suspended automatic implementation of the rule until 2020 for twenty-three of the twenty-four selected metropolitan areas, but in December 2017, a preliminary injunction was granted requiring HUD to implement the rule as of January 1, 2018. The rule as written changes the method for calculating the vouchers from using a metropolitan area-wide average to calculating a separate level for each zip code. Such a change could greatly deconcentrate poverty and …
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
University of Michigan Journal of Law Reform
The failure of regulatory systems over the past two decades to lessen the environment degradation associated with modern human economic output has begun to undermine the legitimacy of environmental lawmaking in the United States and around the world. Recent scholarship suggests that reversal of this trend will require a breach of the environmental administrative apparatus by democratization of a particular kind, namely the inclusion of greater public discourse within the context of regulatory decision-making. This Article examines this claim through the lens of modern legal positivism. Legal positivism provides the tools necessary to test for and identify the specfic structural …
A Model For Determining The Publication Requirements Of Section 552(A)(1) Of The Administrative Procedure Act, Michael J. Kump
A Model For Determining The Publication Requirements Of Section 552(A)(1) Of The Administrative Procedure Act, Michael J. Kump
University of Michigan Journal of Law Reform
This article addresses the question of when the publication rule requires an agency to publish its results in the Federal Register, particularly "interepretations of general applicability" and "statements of general policy." The vast number of recent cases involving violations of the publication rule provide ample· impetus for settling this controversy. Of striking significance is the broad spectrum across which these cases stretch: food stamp cases, prison matters, and immigration disputes. The list is as broad as the range of administrative practice.
Legislative Notes: The Fda's Over-The Counter Drug Review: Expeditious Enforcement By Rulemaking, David Selmer
Legislative Notes: The Fda's Over-The Counter Drug Review: Expeditious Enforcement By Rulemaking, David Selmer
University of Michigan Journal of Law Reform
This article attempts to show that the OTC drug review has distinct advantages over traditional drug regulation. Part I outlines briefly the traditional case-by-case approach to drug licensing and describes FDA enforcement efforts prior to the OTC drug review. Part II sets forth the new rulemaking approach and considers the use of advisory panels. Part III examines several procedural questions associated with the review and concludes that the use of monographs as regulatory standards will afford the FDA an expeditious enforcement mechanism by resolving complex scientific issues at the administrative rather than the judicial level. Judicial review should be available, …
Michigan Environmental Protection Act Of 1970, Susan Pearce
Michigan Environmental Protection Act Of 1970, Susan Pearce
University of Michigan Journal of Law Reform
Widespread public preoccupation with environmental quality is a recent development, and one that has provided the impetus for a thorough examination of existing governmental structures in order to establish a functional system for the environment's protection and improvement. Commenting on this development, a leading environmental lawyer recently noted: "[T]he explosion of concern for the environment, at every private and governmental level, is the great political phenomenon of the last twelve months." As concern has grown about the quality of the environment, so too has skepticism increased about the ability of present institutions to cope with the problem. A constitutional amendment …