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2000

Administrative Law

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Articles 91 - 113 of 113

Full-Text Articles in Law

A Table Of Requirements For Administrative Rulemaking, Mark Seidenfeld Jan 2000

A Table Of Requirements For Administrative Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.


The Challenge Of Teaching Administrative Law, Mark Seidenfeld Jan 2000

The Challenge Of Teaching Administrative Law, Mark Seidenfeld

Scholarly Publications

No abstract provided.


The False Promise Of The "New" Nondelegation Doctrine, Mark Seidenfeld, Jim Rossi Jan 2000

The False Promise Of The "New" Nondelegation Doctrine, Mark Seidenfeld, Jim Rossi

Scholarly Publications

No abstract provided.


Empowering Stakeholders: Limits On Collaboration As The Basis For Flexible Regulation, Mark Seidenfeld Jan 2000

Empowering Stakeholders: Limits On Collaboration As The Basis For Flexible Regulation, Mark Seidenfeld

Scholarly Publications

No abstract provided.


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jan 2000

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Scholarly Works

No abstract provided.


Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts, Patricia A. Mccoy Jan 2000

Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts, Patricia A. Mccoy

Boston College Law School Faculty Papers

No abstract provided.


A Comparison Of The Administrative Law Of The Catholic Church And The United States, John J. Coughlin Jan 2000

A Comparison Of The Administrative Law Of The Catholic Church And The United States, John J. Coughlin

Journal Articles

No abstract provided.


Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller Jan 2000

Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


Free Speech And Expertise: Administrative Censorship And The Birth Of The Modern First Amendment, Reuel E. Schiller Jan 2000

Free Speech And Expertise: Administrative Censorship And The Birth Of The Modern First Amendment, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


Established By Practice: The Theory And Operation Of Independent Federal Agencies, Marshall J. Breger, Gary J. Edles Jan 2000

Established By Practice: The Theory And Operation Of Independent Federal Agencies, Marshall J. Breger, Gary J. Edles

Scholarly Articles and Other Contributions

Over the years numerous articles have surveyed the indicia of independence and the place of independent agencies within a separation of powers framework. In this article, we review the structure and internal operations of independent agencies, note several similarities and differences among them, and address various recurring issues affecting them. We further consider the future of this regulatory form as we enter the new millennium. We focus on agencies-whether multi-member or not-where at least one individual is appointed by the President to a full-time, fixed-term position with the advice and consent of the Senate and has protection against summary removal ...


Normalizing Novelty: Regulating Biotechnological Risk At The U.S. Epa, Les Levidow, Susan Carr Jan 2000

Normalizing Novelty: Regulating Biotechnological Risk At The U.S. Epa, Les Levidow, Susan Carr

RISK: Health, Safety & Environment (1990-2002)

Drs. Levidow and Carr examine EPA's regulation of biotechnology in the field of genetically modified organisms.


Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro Jan 2000

Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro

Faculty Scholarship

No abstract provided.


Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate Jan 2000

Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Willard Hurst And The Administrative State: From Williams To Wisconsin, Daniel R. Ernst Jan 2000

Willard Hurst And The Administrative State: From Williams To Wisconsin, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

This article follows Willard Hurst from his undergraduate days at Williams College through the start of his teaching career at Wisconsin in the fall of 1937. During these years Hurst acquired an abiding interest in the rise of the administrative state as well as some of the insights he would use to account for it in his mature work. For the most part, the article proceeds chronologically through four episodes in Hurst's training: (1) his year-long study of Charles and Mary Beard's "Rise of American Civilization" undertaken as an undergraduate at Williams College; (2) his three years as ...


On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring Jan 2000

On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Boston College Law School Faculty Papers

From the introduction:

The past decade has been a tumultuous and energized period in the study of administrative law and regulatory regimes. Debate continues over both positive and normative theories of the administrative state, as well as over the appropriate directions of innovation and "reinvention. Among legislators and the public, the tax system and the Internal Revenue Service have been targets for criticism.

This paper outlines a receQt procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the ...


Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring Jan 2000

Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Boston College Law School Faculty Papers

The past decade has been a tumultuous and energized period in the study of administrative law and regulatory regimes. Debate continues over both positive and normative theories of the administrative state, as well as over the appropriate directions of innovation and reinvention. Among legislators and the public, the tax system and the IRS have been targets for criticism. This article outlines and evaluates a recent procedural innovation in the tax area, the Advance Pricing Agreement Program, linking procedural innovation to the broader issues of administrative law theory and regulatory reform. Ultimately, detailed understandings of innovations in administrative systems are essential ...


Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg Jan 2000

Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg

Articles

As public and private sector initiatives race to complete the sequence of the human genome, patent issues have played a prominent role in speculations about the significance of this achievement. How much of the genome will be subject to the control of patent holders, and what will this mean for future research and the development of products for the improvement of human health? Is a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claims to the genome on behalf of the many sequential innovators who elucidate its sequence ...


The President And Choices Not To Enforce, Peter L. Strauss Jan 2000

The President And Choices Not To Enforce, Peter L. Strauss

Faculty Scholarship

The executive branch is often called upon to assess how a particular statute it is charged to administer fits within the larger framework of the law. Professor Dawn Johnsen's thoughtful analysis addresses an important subset of these challenges: situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced.' My purpose here is to explore the context of executive non-enforcement more broadly, in a way that may help in understanding the particular problem she addresses. Issues of constitutional structure and function are among the most ...


Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner Jan 2000

Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

Cost-benefit analysis is routinely used by government agencies in order to evaluate projects, but it remains controversial among academics. This paper argues that cost-benefit analysis is best understood as a welfarist decision procedure and that use of cost-benefit analysis is more likely to maximize overall well-being than is use of alternative decision-procedures. The paper focuses on the problem of distorted preference. A person's preferences are distorted when his or her satisfaction does not enhance that person's well-being. Preferences typically thought to be distorted in this sense include disinterested preferences, uninformed preferences, adaptive preferences, and objectively bad preferences; further ...


Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner Jan 2000

Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

No abstract provided.


Compliance With Non-Binding Norms Of Trade And Finance, David Wirth Dec 1999

Compliance With Non-Binding Norms Of Trade And Finance, David Wirth

David A. Wirth

No abstract provided.


Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts Dec 1999

Technology Shifts And The Law: Year 2000 Readiness For Banks And Thrifts

Patricia A. McCoy

No abstract provided.


The Reform Of Ethics Rules In Arkansas Government, Robert B. Leflar Dec 1999

The Reform Of Ethics Rules In Arkansas Government, Robert B. Leflar

Robert B Leflar

This essay outlines existing conflict-of-interest rules in Arkansas government, particularly for state agencies, boards and commissions. The essay identifies weaknesses in the rules, and suggests disclosure requirements and certain restrictions on voting by board members with conflicts.