A Practitioner's Guide To The Oklahoma Groundwater Act: How To Dip Your Bread Into The Gravy While It Is Still Hot, 2010 University of Arkansas
A Practitioner's Guide To The Oklahoma Groundwater Act: How To Dip Your Bread Into The Gravy While It Is Still Hot, L. Paul Goeringer
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Disclosing 'Political' Oversight Of Agency Decision Making, 2010 University of Michigan Law School
Disclosing 'Political' Oversight Of Agency Decision Making, Nina A. Mendelson
Articles
Scholars and courts have divided views on whether presidential supervision enhances the legitimacy of the administrative state. For some, that the President can supervise administrative agencies is key to seeing agency action as legitimate, because of the President's accountability to the electorate. Others, however, have argued that such supervision may simply taint, rather than legitimate, an agency action. The reality is that presidential supervision of agency rulemaking, at least, appears to be both significant and opaque. This Article presents evidence from multiple presidential administrations suggesting that regulatory review conducted by the White House's Office of Management and Budget is associated …
Coordinating Sanctions In Torts, 2010 University of Michigan Law School
Coordinating Sanctions In Torts, Kyle D. Logue
Articles
This Article begins with the standard Law and Economics account of tort law as a regulatory tool or system of deterrence, that is, as a means of giving regulated parties the optimal ex ante incentives to minimize the costs of accidents. Building on this fairly standard (albeit not universally accepted) picture of tort law, the Article asks the question how tort law should adjust, if at all, to coordinate with already existing non-tort systems of regulation. Thus, if a particular activity is already subject to extensive agency-based regulation (whether in the form of command-and-control requirements or in the form of …
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, 2010 University of Michigan Law School
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane
Articles
The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …
Agency Hygiene, 2010 University of Michigan Law School
Agency Hygiene, Nicholas Bagley
Articles
Prof. Bagley notes that reshaping captured agencies using the structural reforms suggested by Prof. Barkow may be politically infeasible and offers an alternative solution for eliminating interest-group capture. First, he suggests establishing a body within the Executive Branch that proactively investigates and documents capture dynamics. Second, he suggests creating legislative mechanisms that will encourage Congressional action on the body’s recommendations, and perhaps, more provocatively, requiring the Executive Branch to enact any such recommendations in the absence of Congress’s formal objection.
Leaps And Bounds, 2010 University of Colorado Law School
Leaps And Bounds, Nestor M. Davidson
Michigan Law Review
Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has rarely been …
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, 2010 Georgetown University Law Center
“To Remand, Or Not To Remand”: Ventura’S Ordinary Remand Rule And The Evolving Jurisprudence Of Futility, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
It is a foundational principle of administrative law that a reviewing court should not dispose of a petition for review or appeal on grounds not relied upon by the agency, and should not reach issues in the first instance not addressed administratively. In such circumstances, there is a strong presumption that the reviewing court should remand the case to the agency for further proceedings rather than reach out to decide the disputed issues. The United States Supreme Court explicitly extended operation of the “ordinary remand rule” to the immigration context in its 2002 decision in INS v. Ventura. Notwithstanding subsequent …
Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, 2010 Georgetown University Law Center
Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article focuses on the extent to which unenforceable voluntary initiatives undertaken by corporations can change corporate behavior to make businesses more environmentally responsible, i.e. not only comply with the law, but to do more than the law actually requires of them. These initiatives, loosely gathered under the umbrella of a movement called corporate social responsibility (CSR), are often proposed by the government as a way to fill regulatory and enforcement gaps or by industry, often as an alternative to regulatory requirements. In each case, their goal is to improve the compliance record of businesses and, in some cases, to …
Governing Board Accountability: Competition, Regulation And Accreditation, 2010 Georgetown University Law Center
Governing Board Accountability: Competition, Regulation And Accreditation, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
This article examines the three primary ways in which the governing boards of American colleges and universities are held to account: (1) competition; (2) regulation, including state nonprofit corporation laws, tax laws, and licensing laws; and (3) accreditation. It begins by tracing how lay (meaning nonfaculty) governing boards became the dominant form of governance in American higher education. It argues that governing boards provide American institutions of higher education with an exceptional degree of autonomy from state control and that, together with the shared governance approach that gives faculties primary responsibility for academic matters, they have been a vital factor …
Reducing Distracted Driving: Regulation And Education To Avert Traffic Injuries And Fatalities, 2010 Georgetown University Law Center
Reducing Distracted Driving: Regulation And Education To Avert Traffic Injuries And Fatalities, Lawrence O. Gostin, Peter D. Jacobson
Georgetown Law Faculty Publications and Other Works
In this article, we consider the legal and policy implications of distracted driving (the tendency of people to use electronic devices while operating a motor vehicle). After reviewing the empirical evidence showing that distracted driving has serious adverse consequences, we discuss the legal basis for governmental interventions to reduce distracted driving. These interventions include laws restricting the use of electronic devices while driving, especially sending text messages. Since drivers have at best a reduced expectation of privacy, these restrictions should easily survive legal challenges. At the same time, it is important to consider the responsibility of automobile manufacturers to improve …
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, 2009 Boston College Law School
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach
Daniel Kanstroom
No abstract provided.
Research Handbook On Public Choice And Public Law, 2009 Berkeley Law
Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber
Anne Joseph O'Connell
No abstract provided.
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, 2009 University of Miami School of Law
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Rebecca Sharpless
The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, 2009 Lund University
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson
Titti Mattsson
No abstract provided.
Becoming An Immigration Lawyer, 2009 Widener Law
Becoming An Immigration Lawyer, Jill Family
Jill E. Family
Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards, 2009 Selected Works
Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards
Patricia A. McCoy
No abstract provided.
The Coming Fifth Amendment Challenge To Net Neutrality Regulation, 2009 Boston College Law School
The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons
Daniel Lyons
No abstract provided.
Pro Bono In Action: An Immigrant's Need For Representation, 2009 Widener Law
Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family
Jill E. Family
Should There Be Remote Public Access To Court Filings In Immigration Cases?, 2009 Boston College Law School
Should There Be Remote Public Access To Court Filings In Immigration Cases?, Daniel Kanstroom, David Mccraw, Eleanor Acer, Elizabeth Cronin, Mark Walters
Daniel Kanstroom
No abstract provided.
Law 00117 Administrative Law 3rd Edition, 2009 Southern Cross University
Law 00117 Administrative Law 3rd Edition, Anne Louise Schillmoller
Anne Schillmoller
Robin Creyke and John McMillan suggest that ‘the broad purpose of administrative law is to safeguard the rights and interests of people and corporations in their dealings with government agencies.’ Just as important, however, is the role played by administrative law in engendering sound decision-making and decision making processes. In this sense, administrative law is not just about placing controls on government action, nor safeguarding the rights of individuals in their dealings with the State, but it also provides the means by which good and accountable government administration is facilitated. The oversight of administrative action by courts and tribunals, together …