Law Commons^™

The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins

Faculty Publications

No abstract provided.

Rethinking Patent Law In The Administrative State, Orin S. Kerr

William & Mary Law Review

This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.

Ogburn-Matthews V. Loblolly Partners: Procedural Due Process And An Individual's Right To An Adjudicatory Hearing, Pamela A. Baker

South Carolina Law Review

No abstract provided.

Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah

William & Mary Law Review

No abstract provided.

Judicial Review And The Small Business Regulatory Enforcment Fairness Act: An Early Examination Of When And Where Judges Are Using Their Newly Granted Power Over Federal Regulatory Agencies, Jeffrey J. Polich

William & Mary Law Review

No abstract provided.

The Evolution Of The Public Trust Doctrine And The Degradation Of Trust Re- Sources: Courts, Trustees And Political Power In Wisconsin, Melissa K. Scanlan

Melissa K. Scanlan

The public trust doctrine is rooted in ancient Roman law and the Wisconsin Constitution. Ancient Roman jurists be- lieved that the natural law concept that the waters are common to all was not subject to the changing whims of legis- latures. Similarly, modern theorists assert that a constitutionally-based doctrine will be more insulated from politics. This Comment demonstrates the limits of these theories. The trust doctrine is not immutable. Based on interviews with the trustees of Wisconsin's water resources, this Comment uncovers the constraints on the trustees. It shows that trust resources are at risk due to politically-motivated decisions and …

An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Does The Solicitor General Advantage Thwart The Rule Of Law In The Administrative State?, Jim Rossi

Vanderbilt Law School Faculty Publications

Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for regulatory and administrative law cases. By emphasizing how the Solicitor General affects cases that the Supreme Court decides, Cohen and Spitzer's findings confirm that administrative law's emphasis on lower appellate court decisions is not misplaced. Some say that D.C. Circuit cases carry equal-if not more-precedential weight than Supreme Court decisions in resolving administrative law issues. Cohen and Spitzer use positive political theory to provide a novel explanation for some …

Immigrant Nations: A Comparison Of The Immigration Law Of Australia And The United States, Ty Twibell

Ty Twibell