Law Commons^™

Doctrine Of Legitimate Expectation In Administartive Law: A Bangladesh Perspective, Meher Nigar, Homaira Nowshin Urmi

meher nigar

No abstract provided.

Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca

Ryan G. Vacca

When Congress created the Federal Circuit in 1982, it thought it was creating a court of appeals. Little did it know that it was also creating a quasi-administrative agency that would engage in substantive rulemaking and set policy in a manner substantially similar to administrative agencies. In this Article, I examine the Federal Circuit's practices when it orders a case to be heard en banc and illustrate how these practices cause the Federal Circuit to look very much like an administrative agency engaging in substantive rulemaking. The number and breadth of questions the Federal Circuit agrees to hear en banc …

The Benefits Of Capture, Dorit Reiss

Dorit R. Reiss

Observers of the administrative state warn against “capture” of administrative agencies and lament its disastrous effects. This article suggests that capture has another side: important benefits that should not be underestimated. Capture is a situation in which a regulated industry exerts a substantial amount of influence over the agency in question, leading to industry involvement in creation and enforcement of regulation. Scholars documenting the phenomenon have highlighted a number of negative results – lax enforcement of regulation; weak regulations; illicit benefits going to industry. However, not only is this picture incomplete, it is in substantial tension with another current strand …

Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver

Thomas A. Schweitzer

No abstract provided.

Toward Adequacy: Sense And Statutory Construction In The Judicial Review Provisions Of The Apa, Sarah L. Olson

Sarah L Olson

Each year, hundreds of people, companies, organizations, and associations sue the federal government for injuries they have suffered at the hands of federal agencies. Such suits are often brought under the judicial review provisions of the Administrative Procedure Act (“APA”), which Congress enacted expressly to allow broad access to courts in an age of increasing administrative agency action. By the terms of the APA itself, all final agency action for which there is no other adequate remedy in a court is reviewable under the APA.

But the very language meant to welcome such suits into court also acts as a …

Testimony Of Rena Steinzor…Before The U.S. House Of Representatives, Energy And Commerce Committee, Subcommittee On Environment And Economics. 112th Congress, 1st Session (2011)., Rena Steinzor

Rena I. Steinzor

Environmental regulations have saved millions of lives, preventing chronic respiratory illness and heart attacks in cities across the country. These rules protect children from irreversible neurological damage, save billions of dollars in cleanup costs, and preserve water quality in lakes, rivers, and streams. If anything, our regulatory system is dangerously weak, and Congress should focus on reviving it rather than eroding public protections….

Avoiding Independent Agency Armageddon, Kent Barnett

Kent H Barnett

In Free Enterprise Fund v. Public Company Accounting Oversight Board, the U.S. Supreme Court invalidated Congress’ use of two layers of tenure protection to shield Public Company Accounting Oversight Board (PCAOB) members from the President’s removal. The SEC could appoint and remove PCAOB members. An implied tenure-protection provision protected the SEC from the President’s at-will removal. And a statutory tenure-protection provision protected PCAOB members from the SEC’s at-will removal. The Court held that these “tiered” tenure protections unconstitutionally impinged upon the President’s removal power because they prevented the President from holding the SEC responsible for PCAOB’s actions in the same …

Lessons From The North Sea: Should "Safety Cases" Come To America?, Rena I. Steinzor

Rena I. Steinzor

The catastrophic oil spill in the Gulf of Mexico last spring and summer has triggered an intense search for more effective regulatory methods that would prevent such disasters. The new Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) is under pressure to adopt the British “safety case” system, which requires the preparation of a facility-specific plan that is typically several hundred pages long. This system is supposed to inculcate a “safety culture” within companies that operate offshore in the British portion of the North Sea because it overcomes a “box-ticking” mentality and constitutes “bottom up” implementation of safety measures. …

Testing The Ossification Thesis: An Empirical Examination Of Federal Regulatory Volume And Speed, 1950-1990, Jason Yackee

Jason Yackee

We present one of the first empirical assessments of the prominent ossifica-tion thesis in administrative law scholarship. Scholars argue that the federal courts’ embrace of the “hard look” doctrine of judicial review in the 1970s, along with the imposition of procedural constraints on agency autonomy by the White House and Congress in the 1980s, have severely limited the ability of federal agencies to regulate in the public interest. This conventional wis-dom has remained largely untested. To test it, we constructed an original da-tabase of the universe of notice-and-comment rules proposed and promul-gated by the U.S. Department of the Interior (DOI) …

Murky Immigration Law And The Challenges Facing Immigration Removal And Benefits Adjudication, Jill Family

Jill E. Family

An Introduction To The 2010 Model State Administrative Procedure Act, John L. Gedid

John L. Gedid

No abstract provided.