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Full-Text Articles in Law
The Psychology Of Accountability And Political Review Of Agency Rules, Mark Seidenfeld
The Psychology Of Accountability And Political Review Of Agency Rules, Mark Seidenfeld
Duke Law Journal
No abstract provided.
Designing Bureaucratic Accountability, Arthur Lupia, Mathew D. Mccubbins
Designing Bureaucratic Accountability, Arthur Lupia, Mathew D. Mccubbins
Law and Contemporary Problems
A model of legislative-bureacratic interaction is developed and used to show how legislators can create structures and processes that affect bureaucratic accountability. Consequences of institutional design on democratic decisionmaking are examined.
The Legislative Veto: Invalidated, It Survives, Louis Fisher
The Legislative Veto: Invalidated, It Survives, Louis Fisher
Law and Contemporary Problems
The Supreme Court's decision in "INS vs Chadha" is examined, and the origins of the legislative veto and its traditional place in the lawmaking process is discussed.
Congress, The Supreme Court, And The Quiet Revolution In Administrative Law, Sidney A. Shapiro, Robert L. Glicksman
Congress, The Supreme Court, And The Quiet Revolution In Administrative Law, Sidney A. Shapiro, Robert L. Glicksman
Duke Law Journal
No abstract provided.
Delegation And Due Process, Donald A. Dripps
The Possibilities Of Collective Choice: Arrow’S Theorem, Article I, And The Delegation Of Legislative Power To Administrative Agencies, William T. Mayton
The Possibilities Of Collective Choice: Arrow’S Theorem, Article I, And The Delegation Of Legislative Power To Administrative Agencies, William T. Mayton
Duke Law Journal
No abstract provided.
Interpretative Rules With Legislative Effect: An Analysis And A Proposal For Public Participation, Kevin W. Saunders
Interpretative Rules With Legislative Effect: An Analysis And A Proposal For Public Participation, Kevin W. Saunders
Duke Law Journal
No abstract provided.
Nonlegislative Rulemaking And Regulatory Reform, Michael Asimow
Nonlegislative Rulemaking And Regulatory Reform, Michael Asimow
Duke Law Journal
The adoption of interpretive rules and policy statemens is a vital part of the administrative process. These "nonlegislative" rules clarify the language of statutes and prior rules and give structure to agency discretionary powers. Courts have encountered difficulty in distinguishing legislative from nonlegislative rules because the practical impact of both kinds of rules may be the same. Regulatory reform proposals at both federal and state levels would require agencies to employ notice and comment procedures before adopting many nonlegislative rules. This article contends that such requirements would discourage agencies from adopting nonlegislative rules and thus would dramatically disserve the public …
Regulation And Technological Innovation In The Chemical Industry, Nicholas A. Ashford, George R. Heaton Jr.
Regulation And Technological Innovation In The Chemical Industry, Nicholas A. Ashford, George R. Heaton Jr.
Law and Contemporary Problems
No abstract provided.
Regulatory Reform: Assessing The California Plan, Marsha N. Cohen
Regulatory Reform: Assessing The California Plan, Marsha N. Cohen
Duke Law Journal
California enacted an extensive regulatory review plan in 1979 which established the criteria of necessity, authority, clarity, consistency, and reference for all existing and future regulations. It created the office of Administrative Law (OAL) in the executive branch to enforce compliance with the new standards, and adopted procedural modifications to the state's rulemaking scheme. In this article, Professor Cohen analyzes the California plan and its application during the first two years of the OAL's existence. She concludes that the procedural reforms are generally sound, although in some aspects impose excessive controls on agencies. In contrast, she finds troubling the plan's …
Making Agencies Follow Orders: Judicial Review Of Agency Violations Of Executive Order 12,291, Peter Raven-Hansen
Making Agencies Follow Orders: Judicial Review Of Agency Violations Of Executive Order 12,291, Peter Raven-Hansen
Duke Law Journal
When, if at all, should courts make agencies follow the President's "personal" policies declared in non-statutory executive orders? Professor Raven-Hansen here seeks an answer by making the case for general judicial enforceability of Executive Order No. 12,291, which requires regulatory impact analysis of major rules. He concludes that a non-statutory executive order which is not mere housekeeping can bind agencies under the principle that they must follow their own rules, but that the committal of enforcement to executive discretion is often a serious obstacle to judicial enforceability. Whether such discretion bars judicial review altogether or only narrows the scope of …
Review Of “Jurisdictional” Issues Under The Bumpers Amendment, Ronald M. Levin
Review Of “Jurisdictional” Issues Under The Bumpers Amendment, Ronald M. Levin
Duke Law Journal
The proposed Bumpers Amendment to the Administrative Procedure Act would encourage courts to be less deferential than they have previously been toward federal agencies' views on issues of law. With regard to "jurisdictional" questions, the amendment would go further: it would invite courts not only to assert their independence, but also to disfavor agencies' positions. Professor Levin regards this special rule of construction for jurisdictional questions as an attempt to achieve deregulation through judicial review. He criticizes this strategy as poorly conceived and calls attention to several weaknesses in the draftsmanship of the jurisdiction provision.
Judicial Review Of Rulemaking: New Patterns And New Problems, Frederick Davis
Judicial Review Of Rulemaking: New Patterns And New Problems, Frederick Davis
Duke Law Journal
No abstract provided.
Judicial Review Of State Health Plans After The Health Planning And Resources Development Amendments Of 1979, Douglas L. Carter
Judicial Review Of State Health Plans After The Health Planning And Resources Development Amendments Of 1979, Douglas L. Carter
Duke Law Journal
No abstract provided.
Regulation, Reregulation, And Deregulation: The Political Foundations Of Agency Clientele Relationships, Barry R. Weingast
Regulation, Reregulation, And Deregulation: The Political Foundations Of Agency Clientele Relationships, Barry R. Weingast
Law and Contemporary Problems
No abstract provided.
Revisionism Revised? Airline Deregulation And The Public Interest, Michael E. Levine
Revisionism Revised? Airline Deregulation And The Public Interest, Michael E. Levine
Law and Contemporary Problems
No abstract provided.
Foreword, William L. Webber
The Effect Of Uncertainty In Regulatory Delay On The Rate Of Innovation, Ronald R. Braeutigam
The Effect Of Uncertainty In Regulatory Delay On The Rate Of Innovation, Ronald R. Braeutigam
Law and Contemporary Problems
No abstract provided.
The Impact Of Regulation On An Exhaustive Resource Industry: A Methodological Approach And A Model, Jerome Rothenberg
The Impact Of Regulation On An Exhaustive Resource Industry: A Methodological Approach And A Model, Jerome Rothenberg
Law and Contemporary Problems
No abstract provided.
Innovation And Atomic Energy: Nuclear Power Regulation, 1966–Present, Linda Cohen
Innovation And Atomic Energy: Nuclear Power Regulation, 1966–Present, Linda Cohen
Law and Contemporary Problems
No abstract provided.