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Full-Text Articles in Law
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
William & Mary Bill of Rights Journal
Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …
Agencies Running From Agency Discretion, J. B. Ruhl, Kyle Robisch
Agencies Running From Agency Discretion, J. B. Ruhl, Kyle Robisch
William & Mary Law Review
Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming predecision assessment programs, such as under the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA). Many federal agencies thus have argued strenuously, and counter-intuitively, that they do not have discretion over particular actions so as to avoid such predecision requirements. Interest group litigation challenging such agency moves has led to a new wave of jurisprudence exploring the dimensions of agency discretion. The emerging body of case law provides one of the most robust, focused judicial examinations …
"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth
"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth
William & Mary Environmental Law and Policy Review
No abstract provided.
Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame
Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame
William & Mary Law Review
No abstract provided.
Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah
Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah
William & Mary Law Review
No abstract provided.
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Faculty Publications
No abstract provided.
Regulation Of Government Agencies Through Limitation Riders, Neal Devins
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.
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
Faculty Publications
No abstract provided.