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University of Colorado Law School

Judicial review

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Articles 1 - 30 of 32

Full-Text Articles in Constitutional Law

Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer Jan 2021

Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer

University of Colorado Law Review

This Comment argues that courts should more readily permit extra-record discovery when preliminary signs of pretext strongly suggest "bad faith and improper behavior" by agency decision-makers. 3 1 Section L.A sets the scene by describing the basic mechanics of litigation challenging agency decisions. Section I.B shifts focus by examining two recent Supreme Court decisions that illustrate the Court's struggle to review executive action where an agency seems to have offered a pretextual justification. Part II then shows how agencies' reliance on pretextual justifications is becoming a growing and serious problem-especially within the Trump Administration-and describes a 2017 decision by the …


Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond Jun 2007

Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

8 pages.

Includes bibliographical references

"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda


Marbury V. Madison And Modern Judicial Review, Robert F. Nagel Jan 2003

Marbury V. Madison And Modern Judicial Review, Robert F. Nagel

Publications

This Article compares the realist critique of Marbury with several revisionist defenses of that decision. Realists claim to see Marbury as essentially political and thus as the fountainhead of modern judicial review. Revisionists claim to see the decision as legalistically justified and thus inconsistent with current practices. Close examination, however, indicates that, despite sharp rhetorical differences, these two accounts are largely complementary rather than inconsistent. Each envisions Marbury as embodying elements of both political realism and legal formalism. Once the false argument about whether Marbury was either political or legal is put aside, it is possible to trace the influence …


Justice White And Judicial Review, Philip J. Weiser Jan 2003

Justice White And Judicial Review, Philip J. Weiser

Publications

No abstract provided.


How Democratic Are Initiatives?, Richard B. Collins Jan 2001

How Democratic Are Initiatives?, Richard B. Collins

Publications

No abstract provided.


Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel Jan 2000

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

Publications

No abstract provided.


A Text Is Just A Text, Paul F. Campos Jan 1996

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.


An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace Jan 1995

An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace

Publications

No abstract provided.


Initiative Enigmas, Richard Collins Jan 1994

Initiative Enigmas, Richard Collins

Publications

No abstract provided.


Terminator 2, Robert F. Nagel Jan 1994

Terminator 2, Robert F. Nagel

Publications

No abstract provided.


Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel Jan 1993

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Publications

No abstract provided.


Disagreement And Interpretation, Robert F. Nagel Jan 1993

Disagreement And Interpretation, Robert F. Nagel

Publications

No abstract provided.


Three Mistakes About Interpretation, Paul Campos Jan 1993

Three Mistakes About Interpretation, Paul Campos

Publications

No abstract provided.


Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Publications

No abstract provided.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.


Political Pressure And Judging In Constitutional Cases, Robert F. Nagel Jan 1990

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

Publications

No abstract provided.


Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel Jan 1989

Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel

Publications

No abstract provided.


Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant Jun 1987

Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

37 pages.

Contains references.


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.


The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel Jan 1986

The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

Publications

No abstract provided.


Book Review, Pierre Schlag Jan 1985

Book Review, Pierre Schlag

Publications

No abstract provided.


Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.


Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches Jun 1984

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.


Wilderness And The Public Lands, John D. Leshy Jun 1984

Wilderness And The Public Lands, John D. Leshy

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

18 pages (includes chart).


Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center Jun 1984

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.


How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel Jan 1984

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Publications

No abstract provided.


Judicial Review And The President's Statutory Powers, Harold H. Bruff Jan 1982

Judicial Review And The President's Statutory Powers, Harold H. Bruff

Publications

No abstract provided.


The Mineral Leasing Act Of 1920, Patrick H. Martin Jul 1980

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).


Log-Rolling And Judicial Review, Michael J. Waggoner Jan 1980

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.


Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff Jan 1976

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.