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Full-Text Articles in Law
Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper
Rulemaking By Ambush: How Prohibitions Against It Became Dead Letters, Arthur G. Sapper
Brigham Young University Journal of Public Law
No abstract provided.
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Reclaiming Humphrey’S Executor: Expertise And Impartiality In The Ftc, Thomas Smith
Brigham Young University Journal of Public Law
The commissioners of the Federal Trade Commission (FTC) sit just beyond the president’s removal power, for now. The U.S. Supreme Court has all but overruled Humphrey’s Executor, which declared the constitutionality of the FTC’s statutory protections from at-will presidential removal. Recent rulings in Seila Law, Free Enterprise Fund, and Collins held that restrictions on the president’s removal of various government agency officials are unconstitutional. Despite these cases, the Court has not directly overruled Humphrey’s Executor, and in theory, its precedent still provides the FTC commissioners with protection from the president’s removal power. However, the modern FTC is easily distinguishable from …
All The Tenacity Of Original Sin: Agencies And Courts Continue To Place The Burden Of Persuasion On Defendants In Violation Of The Apa And Supreme Court Precedent, Arthur Sapper
Brigham Young University Journal of Public Law
No abstract provided.
The Little Statute That Gets No Respect: How Courts Have Ignored The Administrative Procedure Act With Respect To Whether Pre-Enforcement Challenge Provisions Are Exclusive, Arthur Sapper
Brigham Young University Journal of Public Law
No abstract provided.
Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin
Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin
Brigham Young University Journal of Public Law
No abstract provided.
The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker
The Absurd Results Doctrine, Chevron, And Climate Change, D. Wiley Barker
Brigham Young University Journal of Public Law
No abstract provided.
A Contract-Enhancing Norm Limiting Federal Preemption Of Presumptively State Domains, Nim Razook
A Contract-Enhancing Norm Limiting Federal Preemption Of Presumptively State Domains, Nim Razook
Brigham Young University Journal of Public Law
No abstract provided.
The Effect Of The Utah Administrative Procedures Act On The Standards Of Review For Final Administrative Agency Adjudications, John C. Steele
The Effect Of The Utah Administrative Procedures Act On The Standards Of Review For Final Administrative Agency Adjudications, John C. Steele
Brigham Young University Journal of Public Law
No abstract provided.
Standing To Contest Administrative Action Under The Land Withdrawal And Review Program: Lujan V. National Wildlife Federation, Darin T. Judd
Standing To Contest Administrative Action Under The Land Withdrawal And Review Program: Lujan V. National Wildlife Federation, Darin T. Judd
Brigham Young University Journal of Public Law
No abstract provided.
National Trends In Court Review Of Agency Action: Some Reflections On The Model State Administrative Procedure Act And New Utah Administrative Procedure Act, Dave Frohnmayer
Brigham Young University Journal of Public Law
No abstract provided.
Mandating State Agency Lawmaking By Rule, Arthur Earl Bonfield
Mandating State Agency Lawmaking By Rule, Arthur Earl Bonfield
Brigham Young University Journal of Public Law
No abstract provided.
Professional Responsibility Issues In Administrative Adjudication, L. Harold Levinson
Professional Responsibility Issues In Administrative Adjudication, L. Harold Levinson
Brigham Young University Journal of Public Law
No abstract provided.
Professional Responsibility Issues In Administrative Adjudication: A Colorado Perspective, Judith F. Schulman
Professional Responsibility Issues In Administrative Adjudication: A Colorado Perspective, Judith F. Schulman
Brigham Young University Journal of Public Law
No abstract provided.
Regulatory Explosion: Observations On Understanding Utah Administrative Rules, William S. Callaghan
Regulatory Explosion: Observations On Understanding Utah Administrative Rules, William S. Callaghan
Brigham Young University Journal of Public Law
No abstract provided.