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Articles 31 - 47 of 47
Full-Text Articles in Law
Recent Developments In Osha Litigation, Marshall J. Breger
Recent Developments In Osha Litigation, Marshall J. Breger
Scholarly Articles
After almost a year serving as the Solicitor of Labor, I can attest to the difficult challenges the Department of Labor will face and must overcome in the years ahead if it is to continue to be a dynamic and positive force in setting our Nation's labor policy. Indeed, I believe that current rulemaking and enforcement litigation on behalf of the Occupational Safety and Health Administration foreshadows significant issues the Department must resolve in the near future. This article focuses on two such OSH Act issues of current prominence: one, litigation challenges to OSHA rulemaking; and two, the use of …
The Department Of Labor’S Glass Ceiling Initiative: A New Approach To An Old Problem, Marshall J. Breger
The Department Of Labor’S Glass Ceiling Initiative: A New Approach To An Old Problem, Marshall J. Breger
Scholarly Articles
The concept of a "glass ceiling" is not a new one. At the turn of the century, Marie Curie almost singlehandedly created the field of nuclear chemistry and forever changed the course of science and society. But even the ultimate scientific creativity award did not help her to crack the barrier of the science establishment. She received the Nobel Prize but was denied membership in the French Academie des Sciences because of her gender. It was only after her second Nobel Prize that the ali male Academie reluctantly admitted her to the club. The problem that I have with this …
The Supreme Court’S Administrative Law Docket: Proceedings From The Administrative Conference Of The United States, Marshall J. Breger
The Supreme Court’S Administrative Law Docket: Proceedings From The Administrative Conference Of The United States, Marshall J. Breger
Scholarly Articles
No abstract provided.
Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins
Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins
Scholarly Articles
No abstract provided.
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
Scholarly Articles
No abstract provided.
Comments On Bernard Schwartz’ Essay, Marshall J. Breger
Comments On Bernard Schwartz’ Essay, Marshall J. Breger
Scholarly Articles
No abstract provided.
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Scholarly Articles
The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."
The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger
The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger
Scholarly Articles
I have served as Chairman of the Administrative Conference of the United States (ACUS) for a little more than six years. It has been both a fulfilling and a frustrating experience. The Conference has accomplished a great deal, yet it could do much more. I take this opportunity to review the role of the Conference in modern administrative law. In this article I wish to meet two goals. The first is to illustrate the role of the Administrative Conference-what it does, and how it does it. During my tenure, I have often used the chairmanship as a "bully pulpit" to …
Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester
Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester
Scholarly Articles
Part I of this Article summarizes the relevant provisions of the Tucker Act, and examines courts' interpretations of whether a district court had jurisdiction over a claim when a potential judgment exceeded $10,000. This Article suggests that, over time, traditional Tucker Act jurisdiction has been distorted by the appearance of a new kind of plaintiff' seeking "structural reform" rather than the kinds of compensation envisioned by the Act. This Article also suggests that Tucker Act jurisdiction has been distorted by two congressional actions: the creation of the judgment fund; and amendments to the Administrative Procedure Act. These congressional actions could …
On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison
On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison
Scholarly Articles
None available.
Thoughts On Accountability And The Administrative Process, Marshall J. Breger
Thoughts On Accountability And The Administrative Process, Marshall J. Breger
Scholarly Articles
No abstract provided.
Moments Of Silence In Administrative Law: Notes On Judicial Method In The Deregulation Cases, Brian C. Murchison
Moments Of Silence In Administrative Law: Notes On Judicial Method In The Deregulation Cases, Brian C. Murchison
Scholarly Articles
None available
The Apa: An Administrative Conference Perspective, Marshall J. Breger
The Apa: An Administrative Conference Perspective, Marshall J. Breger
Scholarly Articles
An Administrative Conference perspective on the APA begins with the history of failed attempts to reform the APA. This does not mean that the APA's basic structure has not proved sound. For it has. Its weaknesses, if any, have been glossed over by judicial interpretation. Indeed, some of the reform bills may have attempted to do too much. Nevertheless, with the growth in the number of agencies, and the more adversarial atmosphere that attends today's regulated state, it is important that the APA remain a relevant document that permits application of innovation and fair and efficient procedure while serving as …
Administrative Law After Forty Years, Marshall J. Breger
Administrative Law After Forty Years, Marshall J. Breger
Scholarly Articles
No abstract provided.
Misrepresentation And The Fcc, Brian C. Murchison
The Erosion Of The Principle The Government Must Follow Its Own Rules, Rodney A. Smolla
The Erosion Of The Principle The Government Must Follow Its Own Rules, Rodney A. Smolla
Scholarly Articles
Not available.
An Obscure Object Of Desire: Minimizing The Information Reporting Burden, George P. Smith Ii
An Obscure Object Of Desire: Minimizing The Information Reporting Burden, George P. Smith Ii
Scholarly Articles
The purpose of this brief comment is to evaluate the work product of the Commission on Federal Paperwork and by so doing probe the persistent and vexatious conundrum of administrative efficiency at the federal level of the decision-making process. I shall also probe the effect that the report and its implementation will have on administrative law-making.