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Full-Text Articles in Law
Oversight And Dispersed Power, Margaret Lemos, Stavros Gadinis, Ronald Krotoszynski, Emily Meazell, Alex Constanza
Oversight And Dispersed Power, Margaret Lemos, Stavros Gadinis, Ronald Krotoszynski, Emily Meazell, Alex Constanza
Stavros Gadinis
Duke Law Journal's 42nd Annual Administrative Law Symposium will focus on several important topics in administrative law today. Selected from over 80 proposals, the seven panelists explore issues pressing upon legislators, agency and Executive Branch officials, and judges, such as the politicization of agencies, the judicial review challenges posed by shared regulatory authority, and the emphasis on reason-giving in rulemaking. The participants will use both historical and empirical analysis to describe the current administrative-law landscape and prescribe alternatives for its future. Appearing: Margaret H. Lemos, moderator ; Stavros Gadinis (Berkeley Law), Ronald J. Krotoszynski, Jr. (University of Alabama), Emily Hammond …
The Power Of Politics, Edward Balleisen, Stavros Gadinis, Jodi Short, Kathryn Watts
The Power Of Politics, Edward Balleisen, Stavros Gadinis, Jodi Short, Kathryn Watts
Stavros Gadinis
Duke Law Journal's 42nd Annual Administrative Law Symposium will focus on several important topics in administrative law today. Selected from over 80 proposals, the seven panelists explore issues pressing upon legislators, agency and Executive Branch officials, and judges, such as the politicization of agencies, the judicial review challenges posed by shared regulatory authority, and the emphasis on reason-giving in rulemaking. The participants will use both historical and empirical analysis to describe the current administrative-law landscape and prescribe alternatives for its future. Appearing: Edward J. Balleisen, moderator ; Stavros Gadinis (Berkeley Law), Jodi L. Short (Georgetown University), Kathryn A. Watts (University …
External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge
External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge
James Routledge
This article considers the merits of alternative policy approaches to management of companies in insolvency administration, in particular from an identity economics theoretical perspective. The use of this perspective provides a novel assessment of the policy alternatives for insolvency administration, which can be characterised as either following the more flexible United States Chapter 11-style debtor-in-possession arrangement, or relying on the appointment of an external administrator or trustee to manage the insolvent company, who automatically displaces incumbent management. This analysis indicates that stigma and reputational damage from automatic removal of managers in voluntary administration leads to “identity loss” and that an …
Land Use Planning And Development Regulation Law (Hornbook), Julian Juergensmeyer, T. Roberts
Land Use Planning And Development Regulation Law (Hornbook), Julian Juergensmeyer, T. Roberts
Julian C. Juergensmeyer
Land Use Planning and Development Regulation Law helps real estate and land use lawyers, professional planners, developers, state and local policy makers, officials, academics, and judges handle land use planning and development issues. Its in-depth coverage of the traditional elements of land use planning and control law makes it a practical tool for city planners and other specialists in urban planning.
Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes
Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes
Elizabeth Keyes
In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …
Law And Public Administration In Ireland, Fiona Donson, Darren O'Donovan
Law And Public Administration In Ireland, Fiona Donson, Darren O'Donovan
Darren O'Donovan
Extract: It is often said that administrative law is notoriously difficult to study and to teach because its doctrines are abstract and nuanced, moving across a wide array of statutes and aspects of legal practice. This book is an attempt to defend administrative law as an exciting and dynamic subject which is central to meeting the future challenges facing Irish public governance. Law and Public Administration in Ireland inevitably focuses heavily upon judicial review, as the central aspect of the legal regulation of governance, providing a firm backstop against government abuse of power. In our account of the grounds of …
Critical Junctures: Regulatory Failures, Ireland's Administrative State And The Office Of The Ombudsman, Fiona Donson, Darren O'Donovan
Critical Junctures: Regulatory Failures, Ireland's Administrative State And The Office Of The Ombudsman, Fiona Donson, Darren O'Donovan
Darren O'Donovan
Extract: In the aftermath of global financial crisis, the importance of effective regulatory interventions by government has come into sharp relief. The failure of public administration and political oversight that underwrote the collapse of the Irish economy in 2008 has provoked widespread reflection on the need for increased administrative review in the country. This has extended beyond the specific financial sphere, to broader public law reform targeting executive power by building an improved parliamentary culture, greater independent oversight and concentrating democratic participation. In this article, we critique the Irish regulatory state through the prism of the pressures, conflicts and reforms …