Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (2)
- Public Law and Legal Theory (2)
- American Politics (1)
- Civil Procedure (1)
- Constitutional Law (1)
-
- Courts (1)
- Energy and Utilities Law (1)
- Judges (1)
- Law and Politics (1)
- Legal Writing and Research (1)
- Legislation (1)
- Litigation (1)
- Models and Methods (1)
- Policy Design, Analysis, and Evaluation (1)
- Political Science (1)
- President/Executive Department (1)
- Public Administration (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Social and Behavioral Sciences (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Administrative Dissents, Sharon B. Jacobs
Administrative Dissents, Sharon B. Jacobs
Publications
Commissioners, like judges, dissent. They do so at length, with vigor, and with persistence. Yet while separate judicial decisions are the subject of a rich literature, their administrative counterparts have long languished in obscurity. A closer look is warranted, however, because studying administrative dissent can enhance our understanding of internal agency operations as well as the relationships between agencies and other actors. This Article presents the results of an original review of separate statements at the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission dating back four decades. It uses these findings to move beyond two common generalizations about …
From The History To The Theory Of Administrative Constitutionalism, Sophia Z. Lee
From The History To The Theory Of Administrative Constitutionalism, Sophia Z. Lee
All Faculty Scholarship
Legal scholars and historians have shown growing interest in how agencies interpret and implement the Constitution, what is called “administrative constitutionalism.” The points of contact between the history and theory of administrative constitutionalism are sufficiently extensive to merit systematic analysis. This chapter focuses on what history can offer the theory of administrative constitutionalism. It argues that historical accounts of administrative constitutionalism invite a more robust normative defense of the practice than theorists have thus far provided. There is much to the transparent, participatory versions of administrative constitutionalism that its defenders have primarily focused on thus far. This chapter is a …
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …