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Articles 1 - 16 of 16
Full-Text Articles in Law
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Faculty Publications
When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.
This Article proposes …
Legal Summaries , Emily Edwards
Legal Summaries , Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan
Pepperdine Law Review
No abstract provided.
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Developments In The Law Of Scientific Evidence: The Admissibility Of Polygraph Evidence, Sheila K. Hyatt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
Federal Administrative Law Judge Examination (Revisited), David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Joseph J.M. Orabona
Legal Summaries, Joseph J.M. Orabona
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Tina Serebrakian, Ryan Yahne
Legal Summaries, Tina Serebrakian, Ryan Yahne
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Lisa Lester
Legal Summaries, Lisa Lester
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Jamie H. Kim
Legal Summaries, Jamie H. Kim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Leslie Polizzotto
Legal Summaries, Leslie Polizzotto
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Oscar Gutierrez
Legal Summaries, Oscar Gutierrez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Internal Compliance Officers In Jeopardy?, Deborah A. Demott
Internal Compliance Officers In Jeopardy?, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Improving (Software) Patent Quality Through The Administrative Process, Arti K. Rai
Improving (Software) Patent Quality Through The Administrative Process, Arti K. Rai
Faculty Scholarship
The available evidence indicates that patent quality, particularly in the area of software, needs improvement. This Article argues that even an agency as institutionally constrained as the U.S. Patent and Trademark Office (“PTO”) could implement a portfolio of pragmatic, cost-effective quality improvement strategies. The argument in favor of these strategies draws upon not only legal theory and doctrine but also new data from a PTO software examination unit with relatively strict practices. Strategies that resolve around Section 112 of the patent statute could usefully be deployed at the initial examination stage. Other strategies could be deployed within the new post-issuance …
The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott
The Crucial But (Potentially) Precarious Position Of The Chief Compliance Officer, Deborah A. Demott
Faculty Scholarship
This Article, written for a symposium on compliance issues in financial-services firms, focuses on the role of the chief compliance officer (“CCO”). Contrasting the position with that held by a firm’s general counsel or Chief Legal Officer (CLO), the article argues that a CCO’s position holds distinct challenges. Additionally, although internal compliance systems and personnel may be characterized as functional substitutes for external regulation, assessing the strengths and weaknesses of internal compliance requires a willingness to look deep within firms. The article argues that the law and regulation may enhance firms’ incentives to invest in effective internal compliance but may …
Don’T ‘Screw Joe The Plummer’: The Sausage-Making Of Financial Reform, Kimberly D. Krawiec
Don’T ‘Screw Joe The Plummer’: The Sausage-Making Of Financial Reform, Kimberly D. Krawiec
Faculty Scholarship
This Article examines agency-level activity during the preproposal rulemaking phase—a time period about which little is known despite its importance to policy outcomes—through an analysis of federal agency activity in connection with section 619 of the Dodd–Frank Act, popularly known as the Volcker Rule. By capitalizing on transparency efforts specific to Dodd–Frank, I am able to access information on agency contacts whose disclosure is not required by the Administrative Procedure Act and, therefore, not typically available to researchers.
I analyze the roughly 8,000 public comment letters received by the Financial Stability Oversight Council in advance of its study regarding Volcker …