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Full-Text Articles in Law
Designing The Decider, Emily S. Bremer
Designing The Decider, Emily S. Bremer
Journal Articles
The Administrative Procedure Act (APA) contains several provisions designed to ensure that presiding officials in so-called formal adjudications are able to make fair, well-informed, independent decisions. But these provisions do not apply to the vast majority of federal adjudicatory hearings. In this world of adjudication outside the APA, agencies enjoy broad procedural discretion, including substantial freedom to “design the decider.” This Article defines the scope of this discretion and explores how various agencies have exercised it. The discussion is enriched by examples drawn from an expansive new database of federal adjudicatory procedures. The Article argues that, although agency discretion to …
Municipal Responses To Vacant Properties In The United States, James J. Kelly Jr.
Municipal Responses To Vacant Properties In The United States, James J. Kelly Jr.
Journal Articles
The administrative law specialized magazine No. 24 which explores the foundation of administrative law theory. This issue contains 5 articles that focus on the vacant house issue.
Vacant house measures in American municipalities
Administrative Lawmaking In The Twenty-First Century, Jeffrey Pojanowski
Administrative Lawmaking In The Twenty-First Century, Jeffrey Pojanowski
Journal Articles
It is always hard to map a river while sailing midstream, but the current state of administrative law is particularly resistant to neat tracing. Until the past few years, administrative law and scholarship was marked by pragmatic compromise: judicial deference on questions of law (but not too much and not all the time) and freedom for agencies on questions of politics and policy (but not to an unseemly degree). There was disagreement around the edges-and some voices in the wilderness calling for radical change-but they operated within a shared framework of admittedly unstated, and perhaps conflicting, assumptions about the administrative …