Open Access. Powered by Scholars. Published by Universities.®

Administrative Law Commons

Open Access. Powered by Scholars. Published by Universities.®

7,046 Full-Text Articles 2,513 Authors 973,792 Downloads 93 Institutions

All Articles in Administrative Law

Faceted Search

7,046 full-text articles. Page 1 of 176.

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson 2015 SelectedWorks

Promoting The Sustainability Of Biofuels In America: Looking To Brazil, Julia Johnson

Julia Johnson

This article explores the reasons why previous attempts at biofuels legislation in the United States have not been successful and focuses upon market-level incentives that drive consumer willingness to purchase biofuels. For the U.S.’s biofuels policies to be more effective, the nation must better employ consumer-side factors and devise policies around promoting biofuels’ ability to compete with conventional fuels. Consumer-side factors include biofuels’ accessibility and pricing, as well as the ease and attractiveness of purchasing alternative energy-powered vehicles. The U.S.’s initiatives have also neither been aggressive enough, nor sufficiently comprehensive, to enable the U.S. to ...


Inside Agency Interpretation, Christopher J. Walker 2015 SelectedWorks

Inside Agency Interpretation, Christopher J. Walker

Christopher J. Walker

The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. As positive political theorists have long explored, Congress intends for federal agencies to faithfully exercise their delegated authority, but ensuring fidelity to congressional wishes is difficult due to asymmetries in information, expertise, and preferences that complicate congressional control and oversight. Indeed, this principal-agent problem has a democratic and constitutional dimension, as the legitimacy of administrative governance may well depend on whether the unelected bureaucracy is a faithful agent of Congress. Despite the predominance of lawmaking by regulation and the decades-long application of principal-agent ...


A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan

Scholarly Works

Broad executive action has been the Obama Administration’s signature contribution to American immigration policy, setting off a furious debate about whether the President has acted outside his constitutional powers. But the legal debate about the scope of the President’s authority to change immigration policy has not fully recognized what is actually innovative about the Obama policies, and thus has not focused on those areas where he has taken executive discretion into uncharted territory. This essay aims to add new focus to the debate about Pres. Obama’s executive actions by defining five different types of presidential discretion: Congressionally-authorized ...


Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky 2014 University of Georgia School of Law

Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky

Georgia Journal of International & Comparative Law

No abstract provided.


The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues 2014 University of Georgia School of Law

The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues

Georgia Journal of International & Comparative Law

No abstract provided.


The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies 2014 University of Georgia School of Law

The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies

Georgia Journal of International & Comparative Law

No abstract provided.


Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr. 2014 University of Georgia School of Law

Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink 2014 University of Georgia School of Law

The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink

Georgia Journal of International & Comparative Law

No abstract provided.


Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck 2014 University of Georgia School of Law

Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck

Georgia Journal of International & Comparative Law

No abstract provided.


Regulatory Capture And Quality, Laurence Tai 2014 NELLCO

Regulatory Capture And Quality, Laurence Tai

New York University Law and Economics Working Papers

This paper presents a model of regulatory policymaking in which an interest group engages in costly regulatory quality improvements and rent-seeking to "capture" an agent by causing his preferences to shift toward the group's. The model serves two purposes. First, as a general framework, it accounts for various theories of capture from prior studies and organizes avenues for further research on specific mechanisms of capture. Second, it analyzes the effect of institutional responses to capture, including limiting rent-seeking, making the agent more initially hostile to the group, and decreasing the strength of capture. A key implication is that aligning ...


Judicial Review And Judicial Supremacy, Jeremy Waldron 2014 NELLCO

Judicial Review And Judicial Supremacy, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy. The paper associates judicial supremacy with three distinct tendencies in constitutional politics: (1) the temptation of courts to develop and pursue a general program (of policy and principle of their own) rather than just to intervene on a piecemeal basis; (2) the tendency of the highest court to become not only supreme ...


Interest Groups And Environmental Policy: Inconsistent Positions And Missed Opportunities, Michael A. Livermore, Richard L. Revesz 2014 NELLCO

Interest Groups And Environmental Policy: Inconsistent Positions And Missed Opportunities, Michael A. Livermore, Richard L. Revesz

New York University Law and Economics Working Papers

This Essay examines and explains the positions of the principal interest groups over the past four decades with respect to the two central questions of environmental policy: the appropriate policy goal and the instrument that should be used to carry out the policy. With respect to the first question, the Essay observes that, at the beginning of the contemporary period of environmental law, industry groups strongly supported setting the stringency of environmental standards by reference to cost-benefit analysis. At the same time, environmental advocacy organizations strongly opposed the use of cost-benefit analysis. As environmental regulators gained greater proficiency in the ...


Toward A More Rational Environmental Policy, Richard L. Revesz 2014 NELLCO

Toward A More Rational Environmental Policy, Richard L. Revesz

New York University Law and Economics Working Papers

This Essay takes as its starting point the idea that U.S. environmental policy should operate in accordance with five major components of rationality. First, cost-benefit analysis provides a tractable means of weighing the tradeoffs involved in setting environmental policy between environmental goals and other social values. Improving environmental quality is not a cost-free enterprise, and decisionmakers should aim to maximize the net benefits — benefits minus costs — delivered by a policy.

Second, cost minimization requires choosing the cheapest way to attain a given environmental objective. Even if policy goals are not chosen to maximize net benefits, a cost-minimizing approach would ...


Interest Groups And Environmental Policy: Inconsistent Positions And Missed Opportunities, Michael A. Livermore, Richard L. Revesz 2014 NELLCO

Interest Groups And Environmental Policy: Inconsistent Positions And Missed Opportunities, Michael A. Livermore, Richard L. Revesz

New York University Public Law and Legal Theory Working Papers

This Essay examines and explains the positions of the principal interest groups over the past four decades with respect to the two central questions of environmental policy: the appropriate policy goal and the instrument that should be used to carry out the policy. With respect to the first question, the Essay observes that, at the beginning of the contemporary period of environmental law, industry groups strongly supported setting the stringency of environmental standards by reference to cost-benefit analysis. At the same time, environmental advocacy organizations strongly opposed the use of cost-benefit analysis. As environmental regulators gained greater proficiency in the ...


Toward A More Rational Environmental Policy, Richard L. Revesz 2014 NELLCO

Toward A More Rational Environmental Policy, Richard L. Revesz

New York University Public Law and Legal Theory Working Papers

This Essay takes as its starting point the idea that U.S. environmental policy should operate in accordance with five major components of rationality. First, cost-benefit analysis provides a tractable means of weighing the tradeoffs involved in setting environmental policy between environmental goals and other social values. Improving environmental quality is not a cost-free enterprise, and decisionmakers should aim to maximize the net benefits — benefits minus costs — delivered by a policy.

Second, cost minimization requires choosing the cheapest way to attain a given environmental objective. Even if policy goals are not chosen to maximize net benefits, a cost-minimizing approach would ...


An Economic Analysis Of Effective Compliance Programs, Geoffrey P. Miller 2014 NELLCO

An Economic Analysis Of Effective Compliance Programs, Geoffrey P. Miller

New York University Law and Economics Working Papers

Tests for “effective” compliance programs take the form of lists specifying required elements in varying level of detail. From an economic perspective, an effective compliance program can be defined more fundamentally as the set of policies and procedures that a rational, profit-maximizing firm would establish if it faced an expected sanction equal to the social costs of violations. This paper explores the idea and several of its extensions and qualifications.


Rationality, Legitimacy, & The Law, Daniel Z. Epstein 2014 Washington University in St. Louis

Rationality, Legitimacy, & The Law, Daniel Z. Epstein

Washington University Jurisprudence Review

American legal realism was committed to examining legal reasoning in terms of the actual experiences of judges. Because the realist project sought to use social science tools to examine human nature, the contemporary rise of cognitive neuroscience provides an occasion for re-examining legal realism’s foundational critique of the law. Realism’s attempt to examine “the actual facts of judicial behavior” and to pursue a “scientific description and prediction of judicial behavior” appears to be a suitable vehicle for considering the relevance of cognitive neuroscience for legal theory. Cognitive neuroscience has provided convincing evidence for rejecting the traditional bifurcation between ...


What "Potential Wilderness" Really Means, Catherine L. Rucker 2014 SelectedWorks

What "Potential Wilderness" Really Means, Catherine L. Rucker

Catherine L Rucker

In November 2012, the Secretary of the Department of Interior removed the Drakes Bay Oyster Company from the Drake's Estero Potential Wilderness Area by not renewing the company's permit. The oyster company challenged the decision. During the litigation, the District Court and the Ninth Circuit found that "Section 124" from a 2009 spending bill provided the Secretary with the discretion to make the decision. When actually, Section 3 of the National Park System Act of 1976 granted the Secretary with broad agency discretion to remove any prohibited use from any potential wilderness area within the National Park System.


Protecting Government Defense Contracting With A Purpose: Interpreting Civil Liability Under The Anti-Kickback Act, Bryan C. Curran 2014 Boston College Law School

Protecting Government Defense Contracting With A Purpose: Interpreting Civil Liability Under The Anti-Kickback Act, Bryan C. Curran

Boston College Law Review

The Department of Defense awards over $600 billion in government defense contracts to private contractors every year. The magnitude of these awards and the structure of defense contracts place the government at serious risk if fraud and misrepresentation are not adequately regulated and prosecuted. The Anti-Kickback Act of 1986 seeks to protect the government from fraud by imposing damages on prime contractors that either accept kickbacks or include the cost of kickbacks in their contract prices. The Act’s civil liability provision provides for direct and vicarious liability against prime contractor corporations whose employees or subcontractors engage in kickback activity ...


Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik 2014 American University Washington College of Law

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate criminal ...


Digital Commons powered by bepress