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Full-Text Articles in Law
The Life Of Administrative Democracy, Joshua Ulan Galperin
The Life Of Administrative Democracy, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Imagine if Congress, the President, and the industries they hoped to regulate all decided that neither politically isolated bureaucrats nor a popularly sanctioned President should wield the power to administer Congress’ laws, to make legislative-type policy, to enforce that policy, and to adjudicate disputes under it. Imagine if there were another experiment, one that has persisted, but few have noticed.
Imagine no longer. Overlooked by most, there is a model for federal administration that does not rely on isolated administrators or Presidential control, but instead on elected bureaucrats. Today, the United States Department of Agriculture houses over 7,500 elected farmer-bureaucrats …
The Death Of Administrative Democracy, Joshua Ulan Galperin
The Death Of Administrative Democracy, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Everybody agrees. Everybody is certain. There are no elected bureaucrats.
That pervasive certainty must come as quite a surprise to elected bureaucrats.
The federal bureaucracy presents examples of administrative elections, but the most significant is the United States Department of Agriculture’s elected farmer committees. There are over 7,500 elected farmers sitting on over 2,000 committees, and these committees carry out paradigmatic administrative duties including policymaking and adjudication.
Taking for granted that administrators are unelected, judges have shaped an ascendant doctrine of Presidentialism. This doctrine presumes that the administrative state is only legitimate insofar as it is under the direct control …
Feminizing Capital: A Corporate Imperative, Darren Rosenblum
Feminizing Capital: A Corporate Imperative, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
This Article argues that Norway’s Corporate Board Quota Law (“CBQ”) fosters a productive symbiosis between the public and private spheres. Recent studies indicate that higher numbers of women in executive positions result in stronger rates of corporate return on equity (“ROE”). Countries with higher levels of women's political representation also tend to have higher levels of economic growth. Increasing women's workforce participation outside the home can drive overall economic growth. These factors prompted the CBQ's proponents to argue for the economic imperative of women's corporate leadership. The CBQ will not only ameliorate gender inequality, but will bring new life to …
Charitable Accountability And Reform In Nineteenth Century England: The Case Of The Charity Commission, James J. Fishman
Charitable Accountability And Reform In Nineteenth Century England: The Case Of The Charity Commission, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
Why is it so difficult to carry out effective institutional change? Why did the principle of charitable accountability, a nearly unanimously supported ideal, ring so hollow in practice? This Article offers hypotheses about the difficulties of administrative reform, through the prism of the nineteenth century, which may apply to contemporary issues of charitable accountability.
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
Getting A Full Bite Of The Apple: When Should The Doctrine Of Issue Preclusion Make An Administrative Or Arbitral Determination Binding In A Court Of Law?, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
In recent years, alternative means of dispute resolution have become important resources. Therefore, the question of when the determination of issues at administrative hearings and arbitrations should be granted preclusive effect in subsequent judicial litigations requires critical evaluation. Part I of this Article focuses on the general evolution of issue preclusion in New York. Part II discusses recent New York case law giving preclusive effect to administrative and arbitral issue determinations in subsequent state court proceedings. Part III analyzes the policy reasons for applying issue preclusion to administrative and arbitral issue determinations in such proceedings. Part IV concludes that the …