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Administrative Law

2014

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Articles 451 - 466 of 466

Full-Text Articles in Law

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss Jan 2014

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

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The Administrative Origins Of Modern Civil Liberties Law, Jeremy K. Kessler Jan 2014

The Administrative Origins Of Modern Civil Liberties Law, Jeremy K. Kessler

Faculty Scholarship

This Article offers a new explanation for the puzzling origin of modern civil liberties law. Legal scholars have long sought to explain how Progressive lawyers and intellectuals skeptical of individual rights and committed to a strong, activist state came to advocate for robust First Amendment protections after World War I. Most attempts to solve this puzzle focus on the executive branch's suppression of dissent during World War I and the Red Scare. Once Progressives realized that a powerful administrative state risked stifling debate and deliberation within civil society, the story goes, they turned to civil liberties law in order to …

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Step Zero After City Of Arlington, Thomas W. Merrill Jan 2014

Step Zero After City Of Arlington, Thomas W. Merrill

Faculty Scholarship

The thirty-year history of Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. is a story of triumph in the courts and frustration on the part of administrative law scholars. Chevron's appeal for the courts rests in significant part on its ease of application as a decisional device. Questions about the validity of an agency's interpretation of a statute are reduced to two inquiries: whether the statute itself provides a clear answer and, if not, whether the agency's answer is a reasonable one. The framework can be applied to virtually any statutory interpretation question resolved by an agency, and …

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The Supreme Court As A Constitutional Court, Jamal Greene Jan 2014

The Supreme Court As A Constitutional Court, Jamal Greene

Faculty Scholarship

Political institutions are always works in progress. Their practical duties and aims as instruments of governance may not always match their constitutional blueprints or historical roles. Political offices might not always have the power to do what their constituent officers either need or want to do. A polity's assessment of whether the desired power is a need or a want may indeed mark a boundary between law and politics in the domain of institutional structure. The law gives, or is interpreted to give, political organs the tools they need to function effectively. They must fight for the rest.

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From Sovereignty And Process To Administration And Politics: The Afterlife Of American Federalism, Jessica Bulman-Pozen Jan 2014

From Sovereignty And Process To Administration And Politics: The Afterlife Of American Federalism, Jessica Bulman-Pozen

Faculty Scholarship

Announcing the death of dual federalism, Edward Corwin asked whether the states could be “saved as the vital cells that they have been heretofore of democratic sentiment, impulse, and action.” The federalism literature has largely answered in the affirmative. Unwilling to abandon dual federalism’s commitment to state autonomy and distinctive interests, scholars have proposed new channels for protecting these forms of state-federal separation. Yet today state and federal governance are more integrated than separate. States act as co-administrators and co-legislatures in federal statutory schemes; they carry out federal law alongside the executive branch and draft the law together with Congress. …

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Designing Administrative Law For Adaptive Management, J.B. Ruhl, Robin Craig Jan 2014

Designing Administrative Law For Adaptive Management, J.B. Ruhl, Robin Craig

Vanderbilt Law School Faculty Publications

Administrative law needs to adapt to adaptive management. Adaptive management is a structured decision-making method the core of which is a multi-step iterative process for adjusting management measures to changing circumstances or new information about the effectiveness of prior measures or the system being managed. It has been identified as a necessary or best practices component of regulation in a broad range of fields, including drug and medical device warnings, financial system regulation, social welfare programs, and natural resources management. Nevertheless, many of the agency decisions advancing these policies remain subject to the requirements of either the federal Administrative Procedure …

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Jurisprudenta In Materia Concurentei. Obligatia De A Solicita O Hotarare Preliminara., Emanuela Matei Dec 2013

Jurisprudenta In Materia Concurentei. Obligatia De A Solicita O Hotarare Preliminara., Emanuela Matei

Emanuela A. Matei

No abstract provided.

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Oklahoma Administrative Procedures: Cases And Materials, Michael Mitchelson Dec 2013

Oklahoma Administrative Procedures: Cases And Materials, Michael Mitchelson

Michael Mitchelson

No abstract provided.

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The Corporate Finance Case For Deliberation-Oriented Stress Testing Regulation, Robert F. Weber Dec 2013

The Corporate Finance Case For Deliberation-Oriented Stress Testing Regulation, Robert F. Weber

Robert F. Weber

No abstract provided.

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Taking Administrative Law To Tax, Amandeep S. Grewal Dec 2013

Taking Administrative Law To Tax, Amandeep S. Grewal

Andy Grewal

Not too long ago, an academic symposium on Taking Administrative Law to Tax would have been just that -- academic. For decades, the tax law sat comfortably isolated from administrative law doctrines that governed other areas of law. Courts frequently applied tax-specific deference standards to IRS guidance, and the tax bar was largely indifferent to the Treasury's many violations of the Administrative Procedure Act. But all that changed when the Supreme Court rejected tax exceptionalism in Mayo v. United States. As the articles in this Symposium show, the Court’s decision has brought great attention to the intersection between tax and …

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The Technological And Business Evolution Of Machine Based Gambling In America, Darren Prum, Carlin Mccrory Dec 2013

The Technological And Business Evolution Of Machine Based Gambling In America, Darren Prum, Carlin Mccrory

Darren A. Prum

Machine Based Gambling has become a major source of revenue to many states across the country that need the money but face obstacles to raising taxes within their jurisdiction. The figures are startling with the Commonwealth of Pennsylvania’s cut at over $1.456 Billion in 2011, which exceed the next closest state by $500 million. In addition, there are more than twice as many slot machines available to the public than ATMs. The benefits of machine based gaming has allowed many governments to revitalized tourism locations, make some Native Americans economically self-sufficient, and save horse and dog race tracks from closing …

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Carbon Capture And The Information Quality Act, Brendan Burke Dec 2013

Carbon Capture And The Information Quality Act, Brendan Burke

Brendan Burke

In January 2014, the U.S. Environmental Protection Agency (EPA) issued a proposed new source performance standard (NSPS) under the Clean Air Act for carbon dioxide (CO2) emissions from new or modified electric utility plants that will effectively require implementation of a process known as carbon capture and sequestration (CCS). The new rule would limit CO2, a previously unregulated greenhouse gas emission, from such generation facilities to a rate of 1,100 pounds per megawatt-hour. Energy producers, especially those employing coal-fired plants, are strongly opposed to these limits. In February 2014, the Center for Regulatory Effectiveness sent a letter to the EPA …

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Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener Dec 2013

Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener

Michael N. Widener

Conservation of the “built heritage” optimally manages historic values of property in light of current community imperatives of sustainability and urban center revitalization. Sensible historic preservation reveals the values of the past for present and future generations while delivering high-quality built environments that incorporate community sustainability. Adaptive reuse of historic structures preserves without ruining place-making. This paper argues that greater emphasis must be placed upon adaptive reuse in historic preservation initiatives. Acknowledging the larger significance of community cohesion and livability for all citizens, community planning processes within state and local governments must impose certain constraints upon historic property designation and …

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До Питання Визначення Принципів Досудового Врегулювання Публічно-Правових Спорів, Sergey V. Kivalov Dec 2013

До Питання Визначення Принципів Досудового Врегулювання Публічно-Правових Спорів, Sergey V. Kivalov

Sergey V. Kivalov

Article is devoted to the formation of the basic foundations of pre-trial settlement of public law disputes referred to the jurisdiction of the administrative courts. The system of pre-trial settlement of the principles of public law disputes are characterized by their types and content specific legal principles study procedures. Puts more emphasis on the content of the principles of neutrality and disinterestedness, equality, voluntariness and confidentiality procedures.

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Patient Safety At Odds With Patient Privacy? The Case Of National And Regional Quality Registries For Incapacitated Elderly In Sweden, Titti Mattsson Dec 2013

Patient Safety At Odds With Patient Privacy? The Case Of National And Regional Quality Registries For Incapacitated Elderly In Sweden, Titti Mattsson

Titti Mattsson

No abstract provided.

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Reconsidering Corporate Tax Privacy, Joshua D. Blank Dec 2013

Reconsidering Corporate Tax Privacy, Joshua D. Blank

Joshua D. Blank

For over a century, politicians, government officials and scholars in the United States have debated whether corporate tax returns, which are currently subject to broad tax privacy protections, should be publicly accessible. The ongoing global discussion of base erosion and profit shifting by multinational corporations has generated calls for greater tax transparency. Throughout this debate, participants have focused exclusively on the potential reactions of a corporation’s managers, shareholders and consumers to a corporation’s disclosure of its own tax return information. There is, however, another perspective: how would the ability of a corporation’s stakeholders and agents to observe other corporations’ tax …

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