Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Antonin Scalia (1)
- Citizen suit (1)
- Claims administration (1)
- Clean Air Act (1)
-
- Clean Water Act (1)
- Clean Water Act Section 404 (1)
- Customer service surveys (1)
- ERISA (1)
- Environmental regulation (1)
- Exhaustion requirement (1)
- Human rights indicators (1)
- Law and society (1)
- Legislative history (1)
- New accountability (1)
- New governance (1)
- Performance monitoring (1)
- Permitting process (1)
- Poverty (1)
- Poverty law (1)
- Private Enforcement (1)
- Private enforcement campaign (1)
- Regulatory Enforcement (1)
- Regulatory functions (1)
- Regulatory law (1)
- Regulatory program (1)
- Social movements (1)
- U.S. Army Corps of Engineers (1)
- Waters of the United States (1)
- Wetlands (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Journal Articles
What statutory methods does an appellate court use in reviewing decisions of an administrative agency? Further, in doing this review, are appellate judges more likely to use certain statutory methods when they expressly cite the Chevron two-step framework than if they do not? This Article explores the answers to these questions using an original database of over 200 statutory interpretation cases culled from more than 2,500 cases decided in appellate courts reviewing National Labor Relations Board (NLRB or the Board) adjudications from 1994 through 2020. In particular, the study examined the use of text, language canons, substantive canons, legislative history, …
Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein
Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein
Journal Articles
Scholars and politicians have sometimes presented bureaucracy as inherently conflicting with democracy. Notably, bureaucrats themselves are rarely consulted about that relationship. In contrast, I draw on interviews and participant observation to illuminate how government administrators understand their own place in democratic government in Taiwan, one of the few successful third-wave democracies. The administrators I work with root their own legitimacy not in separated powers or autonomous expertise, but in their ongoing collaboration with legislators and publics. They define their own accountability not just as executive legislative mandates but as producing them in the first place, and figure bureaucracy as a …
An Empirical Examination Of Agency Statutory Interpretation, Amy Semet
An Empirical Examination Of Agency Statutory Interpretation, Amy Semet
Journal Articles
How do administrative agencies interpret statutes? Despite the theoretical treatment scholars offer on how agencies construe statutes, far less is known empirically about administrative statutory interpretation even though agencies play a critical role in interpreting statutes. This Article looks behind the black box of agency statutory interpretation to review how administrative agencies use canons and other tools of statutory interpretation to decide cases. Surveying over 7,000 cases heard by the National Labor Relations Board (“NLRB”) from 1993-2016, I analyze the statutory methodologies the Board uses in its decisions in order to uncover patterns of how the Board interprets statutes over …
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Journal Articles
Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
A Reflection On Erisa Claims Administration And The Exhaustion Requirement, James A. Wooten
Journal Articles
This essay, prepared in connection with the Drexel Law Review Symposium, ERISA at 40: What Were They Thinking?, examines ERISA’s regime for administering benefit claims and, in particular, the requirement that participants exhaust their plan’s review procedures before filing suit to recover benefits. Like other key elements of ERISA’s claims regime, the exhaustion requirement is a judicial creation that is not articulated in ERISA’s text. Interestingly, former congressional staffers who attended the Symposium said they assumed participants would be required to exhaust plan review procedures but failed to include such a requirement in the legislation. After reviewing the development of …
Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish
Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish
Journal Articles
In 1964, President Lyndon B. Johnson called for a Nationwide War on the Sources of Poverty to “strike away the barriers to full participation” in our society. Central to that war was an understanding that given poverty’s complex and multi-layered causes, identifying, implementing, and monitoring solutions to it would require the “maximum feasible participation” of affected communities. Equally central, however, was an understanding that such decentralized problem-solving could not be fully effective without national-level orchestration and support. As such, an Office of Economic Opportunity was established – situated in the Executive Office of the President itself – to support, through …
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly
Journal Articles
No abstract provided.
Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly
Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly
Journal Articles
Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers ('the Corps') administration of the permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public's negative perception of the permitting process. She begins the Article with an overview of the Corps' regulatory permitting process, then lays out the history of and context for the Corps' Customer Service Surveys. Next, she summarizes available …
Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger
Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger
Journal Articles
This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …
Funding Public Participation In Agency Proceedings: The Federal Trade Commission Experience, Barry B. Boyer
Funding Public Participation In Agency Proceedings: The Federal Trade Commission Experience, Barry B. Boyer
Journal Articles
No abstract provided.
Standing To Challenge Administrative Action: An Inadequate Surrogate For Claim For Relief, Lee A. Albert
Standing To Challenge Administrative Action: An Inadequate Surrogate For Claim For Relief, Lee A. Albert
Journal Articles
No abstract provided.