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University Of Richmond Law Review

University of Richmond Law Review

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Presidential Management Of Agency Rulemaking, Harold H. Bruff

Publications

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Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

Publications

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The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

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Deference Revisited: Politics As A Determinant Of Deference Doctrine And The End Of The Apparent Chevron Consensus, William S. Jordan Iii

Akron Law Faculty Publications

In this foundational article, William S. Jordan III critically assesses the evolving judicial application of Chevron U.S.A., Inc. v. Natural Resources Defense Council, arguing that the initial consensus surrounding Chevron deference has fractured due to political and ideological considerations within the judiciary. Jordan explores how lower courts and the Supreme Court have inconsistently applied the Chevron framework, often modifying or avoiding its steps in ways that reflect the judges’ policy preferences rather than principled doctrine. The article contends that the supposed clarity and neutrality of Chevron masked deeper tensions over institutional roles, the administrative state's legitimacy, and the politicization of …

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Independent Agencies – Independent From Whom?, Sally Katzen, Edward Markey, James Miller, Joseph Grundfest, R. Gaull Silberman, Peter L. Strauss

Faculty Scholarship

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Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Dick Pierce, Donald Elliott, Peter L. Strauss, Cass Sunstein

Faculty Scholarship

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There May Be Cracks In The Foundation: An Analysis Of Pennsylvania's Current Approach To Legislative Review Of Agency Rulemaking , Nicholas J. Johnson

Faculty Scholarship

As the legislative delegation of power to administrative agencies has grown over recent decades, so have calls for controls on agencies exercise of that power and particularly for controls on agency rulemaking. In response, various state legislatures have introduced a myriad of designs introducing legislative oversight and control over administrative regulations. Pennsylvania has joined these states by offering a means of legislative review of agency rulemaking in the form of the Regulatory Review Act of 1989 (Act 19). Pursuant to the Act, the Pennsylvania Legislature created an entity called the Independent Regulatory Review Commission and assigned to the Commission the …

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What's Current In Asbestos Regulations, Janis L. Kirkland

University of Richmond Law Review

Asbestos, once valued as a superb insulator, is now recognized as a deadly carcinogen. The United States Environmental Protection Agency ("EPA") estimates that 733,000 public and commercial buildings in the United States contain friable asbestos or asbestos-containing materials. Thus, it is not surprising that an avalanche of litigation has resulted from concerns over exposure to asbestos.

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Annual Survey Of Virginia Law: Administrative Procedure, James E. Ryan Jr., Renata Manzo Scruggs

University of Richmond Law Review

In 1989, the Virginia General Assembly made several relatively minor, but significant, changes to the Virginia Administrative Process Act (VAPA). These amendments modified the manner in which agencies may promulgate regulations and conduct informal fact finding hearings. Two new exemptions to the VAPA were created: one for rules for the conduct of specific lottery games; and a second for orders condemning shellfish growing areas. In other changes, rulemaking proceedings conducted by the State Water Control Board (SWCB), certain decisions of the Board of Social Services, and amendments to standards for asbestos inspections became subject to different provisions of the VAPA.

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Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast

Faculty Scholarship

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Federal Oil Price Controls In Bankruptcy Cases: Government Claims For Repayment Of Illegal Overcharges Should Not Be Subordinated And “Penalties” Under 11 Usc §726(A)(4), Thomas A. Schweitzer

Scholarly Works

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Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

Publications

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Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Publications

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Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Publications

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …

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Considering Political Alternatives To "Hard Look" Review, Peter L. Strauss

Faculty Scholarship

That is absolutely right. I am sufficiently confused by the facts that are already on the table – two of them in particular. One (the dog that I thought was barking in that interesting first chart Don Elliott put up, on which he did not remark), is that the first two periods of judicial review he showed us had 337 and 294 cases of judicial review each; for the third period, for the same length of time, the figure is about 800. Something is going on there. The other is just a square conflict that our moderator is much better …

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Appeal No. 0298: Petro Drilling Corp. V. Ted Ford, Acting Chief, Division Of Oil And Gas,, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 88-156

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Appeal No. 0281: Pentawood, Inc. V. Ted Ford, Acting Chief, Division Of Oil And Gas,, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 87-374

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Appeal No. 0227: Buckeye Petroleum Corp. V. Chief, Division Of Oil And Gas,, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 86-549

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Appeal No. 0200: Will Of Carl J. Heltzel, V. Chief, Division Of Oil And Gas,, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 86-33

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Appeal No. 0283: Dallas Bond V. Ted Ford, Acting Chief, Division Of Oil And Gas,, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 87-395

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Appeal No. 0223: Rexplore Drilling, Inc. V. Chief, Division Of Oil And Gas,, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 86-368

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