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Articles 1 - 7 of 7

Full-Text Articles in Law

Democratizing The Administrative State, Richard J. Pierce Jr. Nov 2006

Democratizing The Administrative State, Richard J. Pierce Jr.

William & Mary Law Review

Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The ...


Fiduciary Foundations Of Administrative Law, Evan J. Criddle Oct 2006

Fiduciary Foundations Of Administrative Law, Evan J. Criddle

Faculty Publications

An enduring challenge for administrative law is the tension between the ideal of democratic policymaking and the ubiquity of bureaucratic discretion. This Article seeks to reframe the problem of agency discretion by outlining an interpretivist model of administrative law based on the concept of fiduciary obligation in private legal relations such as agency, trust, and corporation. Administrative law, like private fiduciary law, increasingly relies upon a tripartite framework of entrustment, residual control, and fiduciary duty to demarcate a domain of bounded agency discretion. To minimize the risk that agencies will abuse their entrusted discretion through opportunism or carelessness, administrative law ...


Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr. Oct 2006

Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth Oct 2006

"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth

William & Mary Environmental Law and Policy Review

No abstract provided.


What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone Apr 2006

What Do Snowmobiles, Mercury Emissions, Greenhouse Gases, And Runoff Have In Common?: The Controversy Over "Junk Science", Linda A. Malone

Faculty Publications

No abstract provided.


Plan B For The Fda: A Need For A Third Class Of Drug Regulation In The United States Involving A "Pharmacist-Only" Class Of Drugs, Matthew J. Seamon Apr 2006

Plan B For The Fda: A Need For A Third Class Of Drug Regulation In The United States Involving A "Pharmacist-Only" Class Of Drugs, Matthew J. Seamon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Jan 2006

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.