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Articles 31 - 37 of 37
Full-Text Articles in Law
Toward A Less Adversarial Relationship Between Chevron And Gardner, James Ridgway
Toward A Less Adversarial Relationship Between Chevron And Gardner, James Ridgway
James D. Ridgway
In twenty-five years of judicial review of veterans benefits claims, the courts have failed to reconcile the interpretive canons of veteran friendliness and deference to the agency’s policy making role. This article argues that the courts must develop a coherent relationship between these doctrines by recognizing that each are core values of veterans law. First, it explores the history and nature of these two doctrines that are central to veterans law. Then, It considers how the canons are situated in the spectrum of fact- and value-based judicial review. Ultimately, separation-of-powers principles and the legislative history of the Veterans Judicial Review …
Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly
Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly
Ryan P Kelly
Two critical problems in environmental management are a lack of primary data and the difficulty of assessing the environmental impacts of human activities. Producing the information necessary to address these twin challenges is often difficult and expensive, which impedes decisionmaking in environmental management. I focus here on the possibility of making data collection more powerful and more cost-effective with a suite of analyses made tractable by emerging technology for genetic analysis. More, better, cheaper, and faster information about the planet’s living resources promises to influence a wide range of legal and policy processes—from Clean Water Act compliance and related public …
New York's Taxable Lap Dancing...At A Strip Club Near You!
New York's Taxable Lap Dancing...At A Strip Club Near You!
Harvey Gilmore
In today’s difficult economic times, state gov-ernments are more hard pressed than ever to come up with new sources of revenue to at least stay reve-nue neutral. Leave it to the perpetually money-hun-gry State of New York to come up with this gem of an idea for generating tax revenues: In 2005, the New York State Department of Taxation and Finance at-tempted to impose sales tax on a nightclub’s offering of exotic dancing to its customers. This resulted in the matter of 677 New Loudon Corp. v. State of New York Tax Appeals Tribunal, ultimately decided by the New York …
The Ordinary Remand Rule And The Judicial Toolbox For Agency Dialogue, Christopher J. Walker
The Ordinary Remand Rule And The Judicial Toolbox For Agency Dialogue, Christopher J. Walker
Christopher J. Walker
When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Despite that the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been done to understand how the rule works in practice, much less whether it promotes the separation-of-powers values that motivate the rule. This Article is the first to conduct such an investigation—focusing on judicial review of agency immigration adjudications and reviewing the …
The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker
The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker
Christopher J. Walker
Tax exceptionalism—the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state—has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial review of the Treasury Department’s interpretations of the tax code is subject to the same Chevron deference regime that applies throughout the administrative state. The D.C. Circuit followed suit by rejecting the IRS’s position that its notices are not subject to judicial review under the Administrative Procedure Act (APA). This Article calls for the demise of another instance …
Regulatory Translations: Expertise And Affect In Global Legal Fields (Symposium Introduction), Ziya Umut Turem, Andrea Ballestero
Regulatory Translations: Expertise And Affect In Global Legal Fields (Symposium Introduction), Ziya Umut Turem, Andrea Ballestero
Indiana Journal of Global Legal Studies
Regulatory Translations: Expertise and Affect in Global Legal Fields, Symposium, May 16-18, 2013, Istanbul, Turkey
Enlightened Regulatory Capture, David Thaw
Enlightened Regulatory Capture, David Thaw
Articles
Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest. These include: 1) legislatively-mandated adoption of recommendations by an advisory …