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Restoring Chevron's Domain, Jonathan Adler 2017 Case Western Reserve University School of Law

Restoring Chevron's Domain, Jonathan Adler

Faculty Publications

For some three decades, Chevron USA v. Natural Resources Defense Council has stood at the center of administrative law. Today, however, there are doubts about the doctrine’s continued vitality, and perhaps even its ultimate desirability. This brief article, based upon remarks delivered at Missouri Law Review symposium, suggests the scope of Chevron’s domain should be determined by its doctrinal grounding. Specifically, insofar as the Court’s subsequent application and elucidation of Chevron have indicated that the doctrine is predicated on a theory of delegation, courts should only provide such deference when the relevant power has been delegated by ...


Maximum Individual & Vicinity-Average Dose For A Geologic Repository Containing Radioactive Waste, Thomas H. Pigford 2016 University of New Hampshire

Maximum Individual & Vicinity-Average Dose For A Geologic Repository Containing Radioactive Waste, Thomas H. Pigford

RISK: Health, Safety & Environment

Explains the basis for his strong dissent to an NAS report on Yucca Mountain.


The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, III 2016 Notre Dame Law School

The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii

Journal of Legislation

No abstract provided.


Dioxin: Reassessing The Risk, Linda-Jo Schierow 2016 University of New Hampshire

Dioxin: Reassessing The Risk, Linda-Jo Schierow

RISK: Health, Safety & Environment

Dr. Schierow briefly summarizes the status of a draft Environmental Protection Agency report reassessing the appropriate treatment of dioxin and describes ongoing intra- and extramural reviews of the reassessment.


Further Remarks On Walras' Law And Nonoptimal Equilibria, Mark Pingle, Leigh Tesfatsion 2016 Iowa State University

Further Remarks On Walras' Law And Nonoptimal Equilibria, Mark Pingle, Leigh Tesfatsion

Leigh Tesfatsion

In a recent paper, Aiyagari (1992) demonstrates a connection between the failure of Walras' Law and nonoptimal equihbria in overlapping generations economies. The significant implication of Walras' Law in finite economies, given all prices are positive and all consumers are locally nonsatiated, is that an excess supply (in value terms) cannot exist for some subset of goods without an excess demand (in value terms) existing for some other subset of goods. Aiyagari defines the failure of Walras' Law as a situation in which this implication of Walras' Law does not hold. His basic (and interesting) result is to show that ...


Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler 2016 University of Georgia School of Law

Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler

Georgia Journal of International & Comparative Law

No abstract provided.


Fixing Fair Use, Michael W. Carroll 2016 Villanova University School of Law

Fixing Fair Use, Michael W. Carroll

Michael W. Carroll

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another’s copyrighted expression under certain circumstances. The doctrine’s extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another’s copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter ...


Independent Agencies In The United States: The Responsibilities Of Public Lawyers, Marshall J. Breger, Gary Edles 2016 The Catholic University of America, Columbus School of Law

Independent Agencies In The United States: The Responsibilities Of Public Lawyers, Marshall J. Breger, Gary Edles

Gary Edles

Independent federal agencies occupy a special constitutional position in the governmental structure. Their stock-in-trade is the expert, apolitical resolution of regulatory issues. They are supposedly “independent” of the political will of the executive branch. Because most are multi-member organizations, they are also perceived as accommodating diverse views and able to prevent extreme outcomes through the compromise inherent in the process of collegial decision-making. But such a view is not universally held. A well known examination of such agencies in the 1930s described them uncharitably as a “headless ‘fourth branch’ of government, a haphazard deposit of irresponsible agencies and uncoordinated powers ...


Agenda: Flpma Turns 40, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2016 University of Colorado Law School

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy ...


The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise 2016 University of Georgia School of Law

The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise

Journal of Intellectual Property Law

No abstract provided.


There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb 2016 University of Georgia School of Law

There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb

Journal of Intellectual Property Law

No abstract provided.


Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey 2016 Kilpatrick Stockton LLP

Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey

Journal of Intellectual Property Law

This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.

To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised ...


On Viewing The Courts As Junior Partners Of Congress In Statutory Interpretation Cases: An Essay Celebrating The Scholarship Of Daniel J. Meltzer, Richard H. Fallon Jr 2016 Harvard Law School

On Viewing The Courts As Junior Partners Of Congress In Statutory Interpretation Cases: An Essay Celebrating The Scholarship Of Daniel J. Meltzer, Richard H. Fallon Jr

Notre Dame Law Review

In this Essay, written in tribute to Dan Meltzer, I shall attempt to explicate his views regarding statutory interpretation in general, thematic terms. In doing so, I shall register my agreement with virtually all of Dan’s conclusions and frequently echo his practically minded arguments in support of them. But I shall also advance arguments—with which I cannot be entirely sure he would have agreed—that seek to show that his position reflected theoretical insights about how language works, not only in law, but also more generally in life. By seeking simultaneously to defend Dan’s views and to ...


Beyond Campaign Finance Reform, Tabatha Abu El-Haj 2016 Drexel University, Thomas R. Kline School of Law

Beyond Campaign Finance Reform, Tabatha Abu El-Haj

Boston College Law Review

While the public blames the United States Supreme Court’s decision in Citizens United v. FEC for the outsized political influence of the super-wealthy, experts in the field know that the constitutional constraints on our ability to limit the political influence of moneyed elites long-predate Citizens United and pose a formidable barrier to effective campaign finance reform. Nevertheless, the most consistent calls in legal circles are for yet more campaign finance reform. This Article argues that it is time for those serious about curtailing the influence of money in politics to recognize that the struggle for effective campaign finance reforms ...


Private Interest, Public Sphere: Eliminating The Use Of Commercial Bail Bondsmen In The Criminal Justice System, Thanithia Billings 2016 Boston College Law School

Private Interest, Public Sphere: Eliminating The Use Of Commercial Bail Bondsmen In The Criminal Justice System, Thanithia Billings

Boston College Law Review

The decision to grant bail is the first contact that a judge has with a defendant. If a defendant is unable to pay the set bail amount, this inability affects nearly every aspect of the defendant’s case from beginning to end. Despite attempts to ensure insolvency does not solely determine pretrial detention, the current bail system, in many cases, ensures just that. Special interest groups, specifically the bail bond industry, oppose any reform efforts that aim to decrease the use of money in the administration of bail. Defendants unable to afford a bail bondsman can spend weeks, months, and ...


Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey 2016 University of Georgia School of Law

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


New Judicial Review In Old Europe, Alyssa S. King 2016 Yale University

New Judicial Review In Old Europe, Alyssa S. King

Georgia Journal of International & Comparative Law

No abstract provided.


Scientific Conventions, Ethics And Legal Institutions, Carl F. Cranor 2016 University of New Hampshire

Scientific Conventions, Ethics And Legal Institutions, Carl F. Cranor

RISK: Health, Safety & Environment

This article examines the use of epidemiology to evaluate Risks posed by toxic substances. Using illustrations drawn from an elaborate example, it argues that scientists applying usual conventions in doing statistical studies tend to ignore important normative issues.


Legislative Oversight Of Administrative Rulemaking In New Hampshire, Scott F. Eaton 2016 University of New Hampshire

Legislative Oversight Of Administrative Rulemaking In New Hampshire, Scott F. Eaton

RISK: Health, Safety & Environment

This paper explains how administrative rules are made in a small state. It also analyzes the role of a joint legislative committee which oversees the process and concludes that such oversight generally increases opportunities for public scrutiny of rules and public participation in rule making.


Public Participation In Risk Regulation, Thomas O. McGarity 2016 University of New Hampshire

Public Participation In Risk Regulation, Thomas O. Mcgarity

RISK: Health, Safety & Environment

After discussing the increasing recognition of different kinds of claims for public participation in Risk regulation, this paper discusses a spectrum of approaches and examines six points along its range.


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