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

Law Commons™

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

Administrative Law

PDF

Selected Works

Administrative Procedure

Articles 1 - 8 of 8

Full-Text Articles in Law

Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg Sep 2019

Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg

Ronald H. Rosenberg

Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. Environmental Protection Agency (EPA) the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines a recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on …

Go to article

When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle Sep 2019

When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle

Evan J. Criddle

No abstract provided.

Go to article

Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle Sep 2019

Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle

Evan J. Criddle

No abstract provided.

Go to article

Chevron's Consensus, Evan J. Criddle Sep 2019

Chevron's Consensus, Evan J. Criddle

Evan J. Criddle

No abstract provided.

Go to article

Chevron Deference And Treaty Interpretation, Evan J. Criddle Sep 2019

Chevron Deference And Treaty Interpretation, Evan J. Criddle

Evan J. Criddle

No abstract provided.

Go to article

Interauthority Relationships, Michael S. Green Sep 2019

Interauthority Relationships, Michael S. Green

Michael S. Green

No abstract provided.

Go to article

Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers Dec 2014

Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers

Jeffrey Lubbers

The 1998 Amendments to the Higher Education Act requires that, absent good cause for not doing so, the U.S. Department of Education (“ED”) promulgate all subsequent higher education regulations through a negotiated rulemaking process.  The Act contains detailed consultation requirements and is quite prescriptive concerning the selection of members of the negotiating committee, which is tasked with seeing consensus on the text of a proposed rule (that is then subjected to the regular notice-and-comment rulemaking process).  In addition, ED rulemaking is subject to a statutory 360-day deadline, and any final rules containing regulatory changes must be published by November 1 …

Go to article

Alternative Approaches To Judicial Review Of Social Security Disability Cases, A Report To The Board, March 2002, Jeffrey Lubbers, Paul R. Verkuil Feb 2002

Alternative Approaches To Judicial Review Of Social Security Disability Cases, A Report To The Board, March 2002, Jeffrey Lubbers, Paul R. Verkuil

Jeffrey Lubbers

For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Go to article