Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Making Litigating Citizenship More Fair, Ming H. Chen
Making Litigating Citizenship More Fair, Ming H. Chen
Publications
No abstract provided.
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
Publications
No abstract provided.
Agency Innovation In Vermont Yankee's White Space, Emily S. Bremer, Sharon B. Jacobs
Agency Innovation In Vermont Yankee's White Space, Emily S. Bremer, Sharon B. Jacobs
Publications
The literature on “agency discretion” has, with a few notable exceptions, largely focused on substantive policy discretion, not procedural discretion. In this essay, we seek to refocus debate on the latter, which we argue is no less worthy of attention. We do so by defining the parameters of what we call Vermont Yankee’s “white space” — the scope of agency discretion to experiment with procedures within the boundaries established by law (and thus beyond the reach of the courts). Our goal is to begin a conversation about the dimensions of this procedural negative space, in which agencies are free …
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Publications
No abstract provided.
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Publications
Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
Publications
No abstract provided.
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Publications
No abstract provided.