Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
My Way Or No Way: The American Reluctance For Trans-Territorial Public Law , William Funk
My Way Or No Way: The American Reluctance For Trans-Territorial Public Law , William Funk
Missouri Law Review
One of the topics for this symposium is “trans-territorial administrative law.” It is said that public law is in the process of de-territorialization; that many of the phenomena discussed in the current context of modern administrative law (e.g., agency-networks, governance, privatization, globalization) have led to a lessening of the principle of territoriality in public law; and that, indeed, in a digital age, the principle of territoriality seems much less important to an increasing sector of regulation of activities (e.g., media, telecommunications, banking, insurance, internet, crime prevention, etc.). Deterritorialization is probably most evident in trade law, where the World Trade Organization …
Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii
Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii
Missouri Law Review
Administrative agencies in the United States and other constitutional democracies around the world are continually faced with difficult questions about the legitimacy of their decisions.1 Each of these legitimacy questions in turn raises important second-order questions about how agencies should view their role within a constitutional democracy: How closely should agency decisions reflect popular political will? When and to what degree are deviations from popular opinion justified, and what measures should be taken to reduce the gap between regulators and the governed? What other sources of information are critical to agency decision making, and how should those inputs be treated …