Law Commons^™

Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg

Michigan Law Review

This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …

"Some Kind Of Hearing" In England, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.

Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr.

Articles

[Reprinted in 13 Land Use & Envtl. L. Rev. 629-48 (1982).]

Alfred Snapp & Son, Inc. V. Puerto Rico, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

North Haven Board Of Education V. Bell, Lewis Powell Jr.

Supreme Court Case Files

No abstract provided.

Toward A More Complete Notice Of Proposed Rulemaking: A Judicial Overview And Suggestions For Change, Charles R. Bailey

West Virginia Law Review

The cornerstone of informal rulemaking is the notice and comment procedure. Through this simple, and often efficient system, administrative agencies perform many of their delegated duties. This broad delegation, however, carries with it a substantial burden. Administrative agencies must decide controversial and complex issues that affect all facets of American life. The failure of the rulemaking procedure may unduly delay the implementation of laws which are designed to protect the health of workers, preserve the environment, and insure that the nation's business proceeds in an orderly fashion. It is therefore necessary to properly adhere to rulemaking procedures in order that …

Note, Reasonable Relation Reassessed: The Examination Of Private Documents By Federal Regulatory Agencies, Steve R. Johnson

Scholarly Publications

In the attempt to bring complex patterns of social and economic interaction under effective public control, Congress has relied increasingly on federal regulatory agencies. These agencies can fulfill their statutory missions only if they possess adequate information to determine both when exercise of their substantive powers would be appropriate and what form that exercise should assume. Without knowledge of the actual conditions prevalent in the areas committed to their supervision, agencies can act only capriciously.

Of necessity, much of the data needed by regulatory agencies must be obtained from the regulated individuals or companies themselves. Although such information often is …

Funding Public Participation In Agency Proceedings: The Federal Trade Commission Experience, Barry B. Boyer

Journal Articles

No abstract provided.

Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock

University of Michigan Journal of Law Reform

This Article will analyze the economic structure of the intercity bus industry and the type of service received by the public under the present regulatory scheme. It will then discuss what regulatory reforms could improve service, how these issues are addressed in the recent House-passed bill, and what further legislative reforms should be made.

Appeal No. 0030: Seefried Oil Company V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

No abstract provided.

Appeal No. 0031: Williston Oil And Development Corporation V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

No abstract provided.

Home Office Deductions: May A Taxpayer Have More Than One Principal Place Of Business?, Michigan Law Review

Michigan Law Review

This Note argues that the Tax Court's more liberal interpretation is correct because it more nearly reflects Congress's intent. Part I seeks a basis for preferring one of the competing interpretations in the text of section 280A and in the section's legislative history, but finds none. Looking, of necessity, to the purposes that Congress sought to advance with section 280A, Part II argues that those purposes do not demand a restrictive reading of "principal place of business." Such a reading, moreover, would undermine fundamental and longstanding congressional tax policies. In the absence of a more explicit statement of congressional intent, …

Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta

Florida State University Law Review

Environmental Regulation/Constitutional Law-"TAKING" JURISPRUDENCE AND ITS APPLICATION TO REGULATIONS OF SENSITIVE ECOLOGICAL ENVIRONMENTS

Appeal No. 0029: William I. Gordon Joy W. Gordon V. State Of Ohio, Acting By And Through The Chief Of The Division Of Oil And Gas Department Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Adjudication Order No. 276

Parallel Proceedings: The Impact Of Sec V. Dresser Industries, Inc.

Washington and Lee Law Review

No abstract provided.

Refunding Overcharges Under The Emergency Petroleum Allocation Act: The Evolution Of A Compensatory Obligation, Michigan Law Review

Michigan Law Review

The DOE's authority to order noncompensatory remedies has been seriously questioned. This Note will evaluate the propriety of such remedies in light of the history of petroleum price control enforcement. Although the DOE's enabling legislation does not explicitly impose a compensatory obligation, the Note finds that Congress anticipated that remedies would compensate, to the extent feasible, those persons actually overcharged. Part I traces the development of a compensatory obligation through the various stages of price regulation. Part II criticizes the DOE for abnegating that obligation. The Note concludes that the Department's recent consent orders violate both its own rules and …

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.

The Zone Of Interests Component Of The Federal Standing Rules: Alive And Well After All, Robert H. Marquis

University of Arkansas at Little Rock Law Review

No abstract provided.

Book Review Of Virginia Administrative Law And Practice, Charles H. Koch Jr.

Popular Media

No abstract provided.

I. Administrative Law

Washington and Lee Law Review

No abstract provided.

Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Stephen B. Goldberg, Julius G. Getman, Jeanne G. Getman

Michigan Law Review

The response to the study in the academic journals was extensive, particularly in light of its multidisciplinary nature, which could be seen as calling for reviewers capable of assessing not only the labor law recommendations, but also the data collection methodology and the statistical analysis. One law review dealt with the multidisciplinary nature of the study by inviting a psychologist and a law teacher to write a joint review, and another law review published separate reviews by a lawyer, a professor of labor law, a labor economist, a professor of industrial relations, and a labor reporter and editor. Most legal …

Kentucky Law Survey: Administrative Law, John M. Rogers, Michael H. Sims

Law Faculty Scholarly Articles

This article provides a survey of administrative law in the Commonwealth of Kentucky, including discussions of de novo review and the delegation doctrine.

Miscellaneous, Various Editors

Villanova Law Review (1956 - )

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.

Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie

Seattle University Law Review

This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …

The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen

Seattle University Law Review

This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.

Alliance For Growth: Stimulating Urban Revitalization Through Corporate, Governmental And Community Cooperation, James P. Murphy

Fordham Urban Law Journal

Murphy address the population decline occurring in cities over the past few decades. He argues that if this trend is not reversed this could become a serious impediment to progress in the future. Section II of this article examines the problems that American cities are faced with that are contributing to urban decay such as the focus of government resources on the manufacturing sector when there has been a shift towards the services sector, the weakened pro-city support in Congress and the lack of economic optimism among racial and ethnic minorities living in urban areas. Section III of this article …

New Business Development, Hugh L. Carey

Fordham Urban Law Journal

This article discusses ways in which the states and the federal government can promote the continued development of new business. Carey identifies three reforms in which states could institute that would improve the business climate: taxes, development finance initiatives and regulatory reform. He discusses how current tax policies discourage risk taking behavior and suggests that any tax cut should aim to increase the liquidity available for capital investment, such as exempting investments made within a firm's first five years of existence from state capital gains tax, refunding investment tax credits, and broadening state sales tax exemptions. Carey also highlights how …