Law Commons^™

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Welcome To The Constantly Evolving Field Of Administrative Law, Paul R. Verkuil

Faculty Publications

No abstract provided.

The Purposes And Limits Of Independent Agencies, Paul R. Verkuil

Faculty Publications

The independent agency has been around for 100 years now, but we are still trying to understand how it best relates to the administration of government. Its popularity as an organizational mechanism is more a function of competing political forces within the legislative and executive branches than of any systematic analysis of its effectiveness. Yet one can discern reasons why independent agencies might be superior mechanisms for administering government programs if their structure and purpose are analyzed functionally. This essay proposes to do that and, in the process, reach some conclusions about both the potential and the limits of the …

Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem

Faculty Publications

This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …

Regulation Of Government Agencies Through Limitation Riders, Neal Devins

Faculty Publications

Congress often attaches limitation riders to appropriations bills to establish its policy directives. Professor Devins argues that the appropriations process is not the proper vehicle for substantive policymaking. In this article, he analyzes institutional characteristics that prevent the full consideration or articulation of policy in appropriations bills. Professor Devins also considers the extent to which Congress's use of limitation riders inhibits the effectiveness of the other branches of the federal government. Professor Devins concludes that, while Congress's use of limitation riders is sometimes necessary, Congress should be aware of the significant risks associated with policymaking through the appropriations process.

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Judicial Review Of Administrative Discretion, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil

Faculty Publications

No abstract provided.

Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem

Faculty Publications

The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable injury” required …

Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil

Faculty Publications

No abstract provided.

Administrative Law, Paul A. Lebel

Faculty Publications

This survey of Eleventh Circuit administrative law decisions covers the law applicable to the administrative agencies, rather than the law applied by those agencies. The substantive law administered by the agencies is beyond the scope of this survey. The surveyed cases may be broken down into two major categories: decisions relating to administrative decisionmaking and decisions concerning judicial review of administrative actions.

Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin

Faculty Publications

The Federal Trade Commission, along with other administrative agencies, has been especially affected by the current emphasis on deregulation. Some proponents of the free market system view the Commission as an unnecessary and costly impediment to market functioning. In this article, Professor Koch and Ms. Martin review past FTC regulatory efforts in light of the FTC's mandate: to maintain an efficient, competitive free market Although the FTC has deviated from its market maintenance goal, this deviation should not serve as a basis for constricting Commission rulemaking activity. Rather, the authors demonstrate that past Commission practices illustrate the need for an …

Book Review Of Administrative Law Treatise, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

A Proposal For A Comprehensive Restructuring Of The Public Information System, Charles H. Koch Jr., Barry R. Rubin

Faculty Publications

No abstract provided.

State Ownership Of Beds Of Inland Waters - A Summary And Reexamination, Peter N. Davis

Faculty Publications

This article will summarize the basic structure of bed title law and will examine its current status under the recent Supreme Court decisions. It will then analyze the cases to determine the location of title of beds of federally nonnavigable inland waters when a state created from a federal territory asserts such title.

Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem

Faculty Publications

In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be …

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.

Discovery In Rulemaking, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Administrative Law: Confining And Controlling Administrative Discretion Within The Seventh Circuit, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Public Procedures For The Promulgation Of Interpretative Rules And General Statements Of Policy, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem

Faculty Publications

This article, however, goes beyond the argument that education is one of the most valuable benefits which government in this country provides. The thesis of the article is that education is not only very important to millions of Americans, but that students have constitutionally protected liberty and property interests in their public educations and the courts should therefore require notice and hearing prior to the deprivation of these interests, even when the deprivation is for strictly academic reasons.

The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins

Faculty Publications

No abstract provided.

Prejudgment: An Unavailable Challenge To Official Administrative Action, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

The Federal-Aid Highway Construction Process: Procedures, Cases, And Plaintiff Strategies, Ronald H. Rosenberg, Allen H. Olson

Faculty Publications

No abstract provided.

The Freedom Of Information Act: Suggestions For Making Information Available To The Public, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Research In Administrative Law, E. Blythe Stason Jr.

Faculty Publications

No abstract provided.

The Problem Of Reform Of Administrative Procedure, Frederick K. Beutel

Faculty Publications

No abstract provided.