Law Commons^™

Reviewing Mixed Questions Of Fact And Law In Administrative Adjudications: Why Courts Should Move To “Substantially Established Facts”, Gwendolyn Savitz

Articles, Chapters in Books and Other Contributions to Scholarly Works

Courts are inconsistent in how they review mixed questions of fact and law in administrative adjudications. Many courts simply and unquestioningly review the entire mixed issue using only substantial evidence review. This grants extreme and unquestioning deference to any legal interpretation used by the agency, far more than would be available to it under the increasingly besieged Chevron doctrine, despite the fact that the adjudications being reviewed in this manner generally would not even be entitled to Chevron deference if the legal component of the mixed question were analyzed separately. Courts should therefore analyze the different components of a mixed …

The Key To Solving Agency Lock-In: Prepublication Regulatory Discussions (Pre Reg), Gwendolyn Savitz

Articles, Chapters in Books and Other Contributions to Scholarly Works

Most legally binding administrative rules emerge from the notice-and-comment process, which explicitly requires the agency to consider input from the general public. However, by the time the opportunity for public input occurs, the agency is already substantially locked into its chosen approach and cannot act on new information in the comments. This is true even though its chosen approach was decided upon with input from only those the agency routinely deals with. This process entrenches already established interests and prevents those without existing agency connections from meaningfully contributing earlier in the process.

This problem could be solved by holding public …

The Social Cost Of Of Inertia: How Cost-Benefit Incoherence Threatens To Derail U.S. Climate Action, Melissa Luttrell

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Social Security Disability Law And The Obstacles Facing Claimants With Mental Disabilities, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

This Article examines the administrative processes and judicial analytical framework that govern the adjudication of Social Security disability claims for persons suffering with mental disorders. Since the enactment of the Social Security Act as a part of President Roosevelt's "New Deal," the federal government has assumed a significant role in providing a minimum level of support for those citizens beset with unfortunate economic hardship. In 1956, the Social Security Act was expanded to provide disability benefits for those unable to attain gainful employment due to a mental or physical impairment. For the mentally disabled, demonstrating eligibility for disability benefits can …