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The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …

That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff

Publications

No abstract provided.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

11 pages.

Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Contains footnotes.

The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell

Western Water Law in Transition (Summer Conference, June 3-5)

20 pages.

Contains references.

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.

Flpma As It Affects The Mining Industry, William R. Marsh

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

67 pages.

11 pages of text with appendices.

The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.