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Popular Articles

Based on downloads in July 2014

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Cornell eRulemaking Initiative Cornell Law Library

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Cornell Erulemaking Initiative

Cornell e-Rulemaking Initiative Publications

This essay considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University.

An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with ...

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State Enforcement Of Federal Law, Margaret H. Lemos Duke Law

State Enforcement Of Federal Law, Margaret H. Lemos

Faculty Scholarship

Federal law is enforced through a combination of public and private efforts. Virtually all federal civil statutes vest enforcement authority in a federal agency; some also create private rights of action that permit private parties to sue to enforce federal law. Decades of commentary on the choice between public and private enforcement have generated a remarkably stable set of arguments about the strengths and weaknesses of each type. But the conventional wisdom tells only part of the story, as it ignores variations within the category of public enforcement. In fact, there are two distinct types of public enforcement. Many federal ...

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Judicial Review Of Administrative Discretion, Charles H. Koch Jr. College of William & Mary Law School

Judicial Review Of Administrative Discretion, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

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California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen Pepperdine University

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Good Governance At The Supranational Scale: Globalizing Administrative Law, Daniel C. Esty Yale Law School

Good Governance At The Supranational Scale: Globalizing Administrative Law, Daniel C. Esty

Faculty Scholarship Series

This Article examines the tension between the demonstrable need for structured international cooperation in a world of interdependence and the political strain that arises whenever policymaking authority is lodged in global institutions. It argues that the tools of administrative law, which have been used to legitimate regulatory decisionmaking in the domestic context, should be deployed more systematically when policymaking is undertaken at the international level. While acknowledging the inevitable lack of democratic underpinnings for supranational governance, this Article highlights a series of other bases for legitimacy: expertise and the ability to promote social welfare; the order and stability provided by ...

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Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal Pepperdine University

Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal

Pepperdine Dispute Resolution Law Journal

As we begin the Twenty-First Century public schools have become dangerous places, and not just high schools. Children as young as ten and eleven have brought the system to its knees by shooting down their teachers and fellow students on campus. No one is talking about "juvenile delinquency" anymore. We are hearing and talking about lethal incidents of juvenile violence among all social classes and races, suburban and inner city youth alike. This paper is a discussion of various issues surrounding school violence and its implications for our children. Our focus is to: (1) determine the root causes of extreme ...

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Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation, Rebecca Tushnet Georgetown University Law Center

Attention Must Be Paid: Commercial Speech, User-Generated Ads, And The Challenge Of Regulation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

This Article examines the dynamics that drive advertisers to push into new formats, and the law’s ability to regulate them. I argue that it will remain possible, and constitutional, to identify advertising and subject it to prohibitions on false and misleading claims, even for ads in unconventional formats. The article also addresses the ways in which regulators were caught off-guard by these new formats. In particular, Section 230 of the Communications Decency Act, which frees online service providers and users from liability for content generated by other users, poses some unanticipated barriers to regulating advertising. Yet despite section 230 ...

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Agency Coordination In Consumer Protection, Catherine M. Sharkey NELLCO

Agency Coordination In Consumer Protection, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

The federalization of consumer protection has created thorny issues of agency coordination. When multiple federal agencies interpret and enforce the same statute, should a single agency’s interpretation be accorded Chevron deference? Should it matter whether it is in synch, or at odds, with its fellow agencies? This Article explores two agency coordination strategies that point in opposite directions. The first, a balkanization strategy, attempts to overcome the overlapping agency jurisdiction problem by urging agencies to create separate, non-overlapping spheres of authority to thereby regain Chevron deference due the agency that reigns supreme. We can expect “agency self-help measures” that ...

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Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter Duke Law

Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

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Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Keats Citron University of Maryland Francis King Carey School of Law

Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Keats Citron

Faculty Scholarship

The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies ...

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All Articles in Administrative Law

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6,826 full-text articles. Page 1 of 168.

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker 2014 SelectedWorks

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker

Christopher J. Walker

Tax exceptionalism—the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state—has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial review of the Treasury Department’s interpretations of the tax code is subject to the same Chevron deference regime that applies throughout the administrative state. The D.C. Circuit followed suit by rejecting the IRS’s position that its notices are not subject to judicial review under the Administrative Procedure Act (APA). This Article calls for ...

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Syllabus-2014-Cclsaarcn-Monsoon Semester-Llm-Dna-Fls-Sau-Comparative Constitutional Law Of Saarc Nations, Dr Nafees Ahmad 2014 SelectedWorks

Syllabus-2014-Cclsaarcn-Monsoon Semester-Llm-Dna-Fls-Sau-Comparative Constitutional Law Of Saarc Nations, Dr Nafees Ahmad

Dr Nafees Ahmad

The Constitutional Law is the part of the core curriculum that every student should study. The course aims to equip students for comparative analysis of major constitutional principles and institutions. In order to do so the course will introduce students into the methods of comparative constitutional law and comparative politics of constitution. It is hard to imagine functioning as a judge or jurist or lawyer etc. anywhere in the world without a basic knowledge of a nation’s charter of government and repository of individual rights. But South Asian University is a unique and rare concept that is unprecedented and ...

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A Legal Approach To The Improvement Of Energy Efficiency In Europe And The United States: Greening The Existing Building Stock, Teresa -. Parejo 2014 SelectedWorks

A Legal Approach To The Improvement Of Energy Efficiency In Europe And The United States: Greening The Existing Building Stock, Teresa -. Parejo

Teresa - Parejo

In large cities buildings are responsible for 40% of energy consumption and 36% of CO2 emissions in the EU, and 70% of energy consumption and 40% of CO2 emissions in the US. Hence, improving the energy performance of buildings is a very cost-effective way to fight against climate change.

Most of the potential for energy savings is in existing buildings so they provide the greatest opportunities and challenges, but the measures adopted until today to improve energy efficiency, despite some innovative proposals, have been insufficient and mainly focused in new buildings. All the actions developed either by the EU and ...

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The New Wild West: Preventing Money Laundering In The Bitcoin Network, Kavid Singh 2014 SelectedWorks

The New Wild West: Preventing Money Laundering In The Bitcoin Network, Kavid Singh

Kavid Singh

Bitcoin is the most popular online decentralized currency in the world. Created by an enigmatic figure, Satoshi Nakamoto, in 2009, its propagation and use has caused heated controversy. On the legal side of its use, businesses both large and small have started to accept bitcoins as a form of payment. On the illegal side of its use, large quantities of bitcoins worth hundreds of millions of dollars have been stolen from businesses and large Bitcoin currency exchanges. The aim of this article is to introduce workable federal regulation that will help deter money laundering, a pervasive problem in the world ...

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The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer 2014 SelectedWorks

The Geography Of Racial Stereotyping: Evidence And Implications For Vra Preclearance After Shelby County, Christopher S. Elmendorf, Douglas M. Spencer

Douglas M. Spencer

The Supreme Court in Shelby County v. Holder (2013) effectively enjoined the preclearance regime of the Voting Rights Act. The Court deemed the coverage formula, which determines the jurisdictions subject to preclearance, insufficiently grounded in current conditions. This paper proposes a new, legally defensible approach to coverage based on between-state differences in the proportion of voting age citizens who subscribe to negative stereotypes about racial minorities and vote accordingly. The new coverage formula could also account for racially polarized voting and minority population size, but, for constitutional reasons, subjective discrimination by voters is the essential criterion. We demonstrate that the ...

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Naalj Membership Application And Questionnaire, Alice Won 2014 Pepperdine University

Naalj Membership Application And Questionnaire, Alice Won

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Pepperdine University School Of Law Legal Summaries, Hsuan Li 2014 Pepperdine University

Pepperdine University School Of Law Legal Summaries, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao 2014 Pepperdine University

City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman 2014 Pepperdine University

Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Fixing Disability Courts, D. Randall Frye 2014 Pepperdine University

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj 2014 Pepperdine University

Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker 2014 Pepperdine University

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.

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The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger 2014 Pepperdine University

The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Quantifying Regulatory Benefits, Richard L. Revesz 2014 NELLCO

Quantifying Regulatory Benefits, Richard L. Revesz

New York University Law and Economics Working Papers

In Nonquantifiable, the 2013 Jorde Lecture at the University of California at Berkeley, Professor Cass Sunstein makes a persuasive argument that administrative agencies should engage in breakeven analysis when they are not able to quantify or monetize some or all of the benefits of a particular regulation. This technique adds useful structure to regulatory decisions that otherwise would appear to be manipulable and arbitrary.

This Comment argues that breakeven analysis is a second-best technique. The most that it can aspire to do is to create upper and lower bounds that provide useful guidance for the evaluation of a benefit. If ...

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Quantifying Regulatory Benefits, Richard L. Revesz 2014 NELLCO

Quantifying Regulatory Benefits, Richard L. Revesz

New York University Public Law and Legal Theory Working Papers

In Nonquantifiable, the 2013 Jorde Lecture at the University of California at Berkeley, Professor Cass Sunstein makes a persuasive argument that administrative agencies should engage in breakeven analysis when they are not able to quantify or monetize some or all of the benefits of a particular regulation. This technique adds useful structure to regulatory decisions that otherwise would appear to be manipulable and arbitrary.

This Comment argues that breakeven analysis is a second-best technique. The most that it can aspire to do is to create upper and lower bounds that provide useful guidance for the evaluation of a benefit. If ...

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Legal Protection Issues At Polytechnics In Finland During The Cutback, Olli Virmajoki 2014 SelectedWorks

Legal Protection Issues At Polytechnics In Finland During The Cutback, Olli Virmajoki

Olli Virmajoki

Polytechnics have been under a demand of the structural changes in Finland during the whole 2000 decade. They were expected to make big saving in their finances in 2012 and also the intakes in polytechnics were reduced by 2200 new entrants. The research problem of this study is how is a legal protection of a teacher with an employment relation with a holder of a public-service post in polytechnics operated by local authorities during 2012–2013 when the cutback was going on. This study finds out the main issues in the administrative procedures and using powers. The category of this ...

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Difusas Razones Para Dejar Sin Efecto Un Precedente. A Propósito De La Stc Exp. N° 04293-2012-Pa/Tc Que Deja Sin Efecto El Control Difuso En Sede Administrativa, Jancarlos Jair Vega Lugo 2014 SelectedWorks

Difusas Razones Para Dejar Sin Efecto Un Precedente. A Propósito De La Stc Exp. N° 04293-2012-Pa/Tc Que Deja Sin Efecto El Control Difuso En Sede Administrativa, Jancarlos Jair Vega Lugo

Jancarlos Jair Vega Lugo

No abstract provided.

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Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds 2014 University of Georgia School of Law

Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds

Georgia Journal of International & Comparative Law

No abstract provided.

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Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum 2014 Touro College Jacob D. Fuchsberg Law Center

Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum

Touro Law Review

No abstract provided.

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Dynamics Of Democracy : Administrative Law And The Process Of Institutional Changes In Taiwan, Cheng-Yi Huang 2014 SelectedWorks

Dynamics Of Democracy : Administrative Law And The Process Of Institutional Changes In Taiwan, Cheng-Yi Huang

Cheng-Yi Huang

No abstract provided.

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Popular Institutions

Based on downloads in July 2014

Yale Law School

University of Maryland Francis King Carey School of Law

Cornell Law Library

Georgetown University Law Center

Duke Law

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American University Washington College of Law

Washington University School of Law

Featured Publications

Administrative Law Law Review Commons

Journal of the National Association of Administrative Law Judiciary Pepperdine University

Administrative Law Review American University Washington College of Law

Popular Authors

Based on downloads in July 2014

Cynthia Farina Cornell Law Library

Mary Newhart Cornell Law Library

Margaret Lemos Duke Law

Lawrence Baxter Duke Law

Charles Koch College of William & Mary Law School

Charles Koch College of William & Mary Law School

Cary Coglianese University of Pennsylvania Law School

Catherine Sharkey NELLCO

Danielle Citron University of Maryland Francis King Carey School of Law

Lawrence Gostin Georgetown University Law Center

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