Law Commons^™

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California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Administrative Law, John F. Donogher

West Virginia Law Review

No abstract provided.

The Apa: An Administrative Conference Perspective, Marshall J. Breger

Scholarly Articles

An Administrative Conference perspective on the APA begins with the history of failed attempts to reform the APA. This does not mean that the APA's basic structure has not proved sound. For it has. Its weaknesses, if any, have been glossed over by judicial interpretation. Indeed, some of the reform bills may have attempted to do too much. Nevertheless, with the growth in the number of agencies, and the more adversarial atmosphere that attends today's regulated state, it is important that the APA remain a relevant document that permits application of innovation and fair and efficient procedure while serving as …

Doctrine Of Administrative Inconvenience At Federal Communications Commission, Warren G. Lavey

Loyola University Chicago Law Journal

No abstract provided.

Full Text Issue

California Regulatory Law Reporter

No abstract provided.

Mendaro V. The World Bank, Megha Bhouraska

NYLS Journal of International and Comparative Law

No abstract provided.

The Impact Of American Laws On Foreign Legal Gambling, I. Nelson Rose

NYLS Journal of International and Comparative Law

No abstract provided.

The Role Of The President And Omb In Informal Rulemaking, Peter L. Strauss, Cass R. Sunstein

Faculty Scholarship

Regulatory reform has been a subject of frequent discussion in the last decade, especially in the context of presidential efforts to assert control over the rulemaking process. Presidents Nixon, Ford, Carter, and Reagan have all attempted to increase presidential authority over regulation. In particular, President Reagan has issued two executive orders that give the Office of Management and Budget (OMB) considerable power over the rulemaking activities of executive agencies.

In this article, we set forth our views on the role of presidential supervision in the regulatory process, with particular attention to the questions raised by the recent executive orders.

Great Expectations And Mismatched Compensation: Government Sponsored Public Participation In Proceedings Of The Consumer Product Safety Commission, Carl W. Tobias

Law Faculty Publications

During the last twenty years, numerous proposals for enhancing the quality of federal administrative agency decisionmaking have been offered, but few actually were implemented. One controversial approach, with which fourteen agencies experimented, has been the reimbursement of non-regulated individuals and organizations for the costs of their involvement in administrative proceedings. A principal purpose of that public funding was to improve agency decisionmaking by rectifying the participatory imbalance between regulated parties and non-commercial interests involved in administrative initiatives; however, little of the government- supported citizen activity that occurred has been analyzed. Participant compensation effectively has been discontinued and most agency proceedings …

The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil

Faculty Publications

No abstract provided.

Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem

Faculty Publications

The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable injury” required …

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California Regulatory Law Reporter

No abstract provided.

Judicial Review Of Administrative Discretion, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Legislative Oversight Of Administrative Agencies In Minnesota, J. David Prince

Faculty Scholarship

Due to the expanding role of agencies within the Executive branch at both the state and federal level, legislatures are struggling to fulfill their obligation to hold agencies accountable and to modify legislative mandates when necessary. In order for the legislature to fulfill this obligation, it must have the capability to exercise policy formation and oversight goals. This Article will first examine the need for legislative oversight and the legislative oversight mechanism in Minnesota. Next, the Article discusses the legislative controls currently being used at the federal and state level. Executive control mechanisms and their possible use by a legislature …

Some Reflections On Gramm-Rudman-Hollings, Gordon G. Young

Maryland Law Review

No abstract provided.

Administrative Law After Forty Years, Marshall J. Breger

Scholarly Articles

No abstract provided.

Interstate Commerce Commission V. American Trucking Associations, Inc.

Touro Law Review

No abstract provided.

Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken

University of Richmond Law Review

Virginia's courts interpret the Virginia Administrative Process Act (VAPA) to prohibit judicial review of administrative decisions that grant or deny public assistance funds. Virginia is therefore one of only three states which fail to provide judicial review of such decisions. This article advocates judicial review of public assistance hearing decisions on the basis of principles of statutory construction and constitutional law. The article concludes that Virginia's minority status indicates a failure to meet traditional notions of fairness.

Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon

Publications

No abstract provided.

Citizen Litigation Under The Clean Water Act: The Second Circuit Renews Its Leadership Role In Environmental Law, William S. Jordan Iii

Akron Law Faculty Publications

In this article, William S. Jordan III examines the revitalized role of the U.S. Court of Appeals for the Second Circuit in shaping environmental jurisprudence through its interpretation of citizen suit provisions under the Clean Water Act (CWA). Jordan highlights recent decisions in which the Second Circuit expanded access to courts for private citizens seeking to enforce environmental standards, reinforcing the statutory goals of pollution prevention and regulatory accountability. He analyzes how the court addressed key procedural and substantive issues—such as standing, notice requirements, and ongoing violations—in a manner that empowered citizen enforcement while maintaining fidelity to statutory text. The …

Special Project--Feast Or Famine: Issues, Problems, And Procedures Relating To Massive Relief Efforts With A Focus On The African Crisis, Peggy F. Brandenburg, Susan N. Burgess, Scott N. Greenspun, Sharon M. Janarek, Patrick M. Thomas, Linda L. Kotis

Vanderbilt Journal of Transnational Law

"The profound promise of our era is that for the first time we may have the technical capacity to free mankind from the scourge of hunger. Therefore, today we must proclaim a bold objective--that within a decade no child will go to bed hungry, that no family will fear for its next day's bread, and that no human being's future and capacities will be stunted by malnutrition."

One decade later, the ongoing drought and famine in Ethiopia, Chad, Mozambique and other African countries cruelly portray the failure of that promise. Each year, millions of dollars worth of aid, much of …

Can Consent Waive Absolute Rights To An Article Iii Court (85-621) (85-642), Ronald Filler

Articles & Chapters

No abstract provided.

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

For more than a half-century, the Federal Energy Regulatory Commission (FERC or Commission) and its predecessor, the Federal Power Commission (FPC), regulated hydroelectric development of the nation's rivers under the Federal Power Act (FPA) with little interference by Congress.' However, increasing criticism of the FERC has reawakened congressional interest in hydropower regulation.2 Congress recently considered a number of proposals to amend the FPA.8 Of these, seven related directly to a controversy born in the 1970s between public and private power:4 the issue of preference in competitive FERC relicensing proceedings.

Section 7(a) of the Federal Power Act directs the FERC to …

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Reviving The Federal Power Act's Comprehensive Plan Requirement: A History Of Neglect And Prospects For The Future, Daniel H. Cole

Articles by Maurer Faculty

In 1920, Congress enacted the Federal Power Act (FPA) to secure inexpensive and widely available power through federal licensing of private hydroelectric development in accordance with a "comprehensive plan." The Federal Power Commission (FPC) was charged with administering the statute and undertook its planning obligations with diligence, preparing plans for at least two river basins. However, chronic manpower and resource deficiencies soon led the FPC to neglect Congress' planning directive. No comprehensive plans have been produced since 1930, either by the FPC or its successor, the Federal Energy Regulatory Commission (FERC). This failure to plan, combined with the avalanche of …

Industry Self-Regulation And The Useless Concept "Group Boycott", Robert Heidt

Articles by Maurer Faculty

No abstract provided.