Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Articles by Maurer Faculty (5)
- Faculty Scholarship (5)
- Journal of the National Association of Administrative Law Judiciary (4)
- Law Publications (2)
- Scholarly Works (2)
-
- All Faculty Scholarship (1)
- Andrés Palacios Lleras (1)
- Georgia Journal of International & Comparative Law (1)
- Hong Yen Chang Center for Chinese Legal Studies (1)
- Indiana Journal of Global Legal Studies (1)
- Jennifer Allison (1)
- Matthew Adam Bruckner (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- University of Miami Inter-American Law Review (1)
- Publication Type
Articles 1 - 29 of 29
Full-Text Articles in Law
Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng
Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng
Research Collection Yong Pung How School Of Law
A general right to equality is a common feature of written constitutions around the world. Interesting questions arise when one seeks to apply such rights to discrete executive acts. The subject of such acts has necessarily been singled out from a multitude of possibilities for the purposes of the act. To determine whether a differentiation has occurred such that like cases have not been treated alike, to what or whom should this subject be compared? The question of how one selects the proper comparator becomes especially significant when one notes that whether the equal protection guarantee is triggered at all …
Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson
Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson
Law Publications
An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."
This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.
This research study focuses on access to administrative justice on the …
Chevron Abroad, Kent H. Barnett, Lindsey Vinson
Chevron Abroad, Kent H. Barnett, Lindsey Vinson
Scholarly Works
This Article presents our comparative findings of how courts in five other countries review agency statutory interpretation. These comparisons permit us to understand and participate better in current debates about the increasingly controversial Chevron doctrine in American law, whereby courts defer to reasonable agency interpretations of statutes that an agency administers. Those debates concern, among other things, Chevron 's purported inevitability, functioning and normative propriety. Our inquiry into judicial review in Germany, Italy, the United Kingdom, Canada, and Australia provides useful and unexpected findings. Chevron, contrary to some scholars' views, is not inevitable because only one of these countries has …
The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin
The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs
The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs
Law Publications
In this study, the author analyzes, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities: Australia, the United Kingdom, the United States and the Canadian provinces of Ontario, Manitoba and Nova Scotia. The following governance functions were examined: a) creating accessibility standards, b) enforcing accessibility standards, c) enforcing decisions,d) encouraging compliance, e) raising public awareness (and promoting systemic culture change) and f) public education. The study was conducted with a view to understanding how human rights laws, principles and values can be used to …
La Méthode Comparative En Droit Public, Elisabeth Zoller
La Méthode Comparative En Droit Public, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
The Teaching Of International Law, Ian Brownlie
The Teaching Of International Law, Ian Brownlie
Georgia Journal of International & Comparative Law
No abstract provided.
Early Prerogative And Administrative Power: A Response To Paul Craig, Philip A. Hamburger
Early Prerogative And Administrative Power: A Response To Paul Craig, Philip A. Hamburger
Faculty Scholarship
What does English experience imply about American constitutional law? My book, Is Administrative Law Unlawful?, argues that federal administrative power generally is unconstitutional. In supporting this conclusion, the book observes that eighteenth-century Americans adopted their constitutions not only with their eyes on the future, but also looking over their shoulder at the past – especially the English past. This much should not be controversial. There remain, however, all sorts of questions about how to understand the English history and its relevance for early Americans.
In opposition to my claims about American law, Paul Craig lobs three critiques from across the …
A War For Liberty: On The Law Of Conscientious Objection, Jeremy K. Kessler
A War For Liberty: On The Law Of Conscientious Objection, Jeremy K. Kessler
Faculty Scholarship
One common understanding of the Second World War is that it was a contest between liberty and tyranny. For many at the time – and for still more today – ‘liberty’ meant the rule of law: government constrained by principle, procedure, and most of all, individual rights. For those states that claimed to represent this rule-of-law tradition, total war presented enormous challenges, even outright contradictions. How would these states manage to square the governmental imperatives of military emergency with the legal protections and procedures essential to preserving the ancient ‘liberty of the subject’? This question could be and was asked …
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer
Private Enforcement Of Statutory And Administrative Law In The United States (And Other Common Law Countries), Stephen B. Burbank, Sean Farhang, Herbert M. Kritzer
All Faculty Scholarship
Our aim in this paper, which was prepared for an international conference on comparative procedural law to be held in July 2011, is to advance understanding of private enforcement of statutory and administrative law in the United States, and, to the extent supported by the information that colleagues abroad have provided, of comparable phenomena in other common law countries. Seeking to raise questions that will be useful to those who are concerned with regulatory design, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development …
“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
“Turn On The Lights” -Sustainable Energy Investment And Regulatory Policy: Charting The Hydrokinetic Path For Pakistan, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Fair Play The Inquisitorial Way: A Review Of The Administrative Appeals Tribunal's Use Of Inquisitorial Procedures, Joan L. Dwyer
Fair Play The Inquisitorial Way: A Review Of The Administrative Appeals Tribunal's Use Of Inquisitorial Procedures, Joan L. Dwyer
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Specter Is Haunting The Financial Industry - The Specter Of The Global Financial Crisis: A Comment On The Imminent Expansion Of Consumer Financial Protection In The United States, The United Kingdom, And The European Union, Daniel Lamb
Journal of the National Association of Administrative Law Judiciary
This Comment explores the regulatory fallout from the global financial crisis. Across borders, policy makers are united in their conviction to reconcile the perceived failures of their predecessors to foresee and prevent the crisis, the effects of which show no signs of abating. A critical component of what caused the crisis was the inability to correct failures in the consumer credit market, specifically in subprime mortgages. Exacerbated by an influx of capital and a generally weak regulatory environment, this market failure manifested itself forcefully through a tidal wave of defaults in the American mortgage market that sent shock waves around …
Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian
Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian
Pepperdine Dispute Resolution Law Journal
Greater reliance on arbitration to resolve cross-border disputes raises concern with the adequacy of arbitration procedural rules. In investment arbitration, transparency in the arbitrable proceedings is closely linked to the public need to review state conduct. This article draws on the responsibility of the arbitrator to balance the interests involved in an arbitration. Due consideration is given to the Global Administrative Law Project, which views many challenges affecting arbitration as the first step towards developing a global unifying standard of procedure. American domestic administrative law provides sufficient guidance in determining adequate procedure. The Mathews standard is of great value to …
Finding International Law, Part Ii: Our Fragmenting Legal Community, Harlan G. Cohen
Finding International Law, Part Ii: Our Fragmenting Legal Community, Harlan G. Cohen
Scholarly Works
Is there an “International Community?” This Article suggests that there is not, that the oft-discussed fragmentation of international law reveals that there are in fact multiple overlapping and competing international law communities, each with differing views on law and legitimacy.
This Article reaches this conclusion by taking a fresh look not only at the sources of fragmentation, but at the sources of international law itself. Building on earlier work rethinking international law’s sources and drawing insights from legal philosophy, compliance theory, and international relations, this Article takes a closer look at three areas that have challenged traditional interpretations of international …
Introducción Al Análisis Económico Del Derecho Administrativo / Introduction To Administrative Law And Economics, Andres Palacios Lleras
Introducción Al Análisis Económico Del Derecho Administrativo / Introduction To Administrative Law And Economics, Andres Palacios Lleras
Andrés Palacios Lleras
El estudio y la enseñanza del derecho administrativo colombiano dejan mucho que desear, especialmente en lo que respecta al estudio del derecho como fenómeno social. Éste tiende a ser presentado como un cuerpo de normas políticamente neutrales, construido a partir de categorías conceptuales muy abstractas, y coherente. Como resultado de ello, asume una posición “normativista” que ignora el contexto social en el que lleva a la producción e interpretación de las normas jurídicas. Este artículo sugiere que un cambio conceptual puede ser muy útil para “curar” al análisis del derecho administrativo de los males que lo aquejan. Sugiere que el …
Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison
Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison
Jennifer Allison
This paper outlines the historical exertion of presidential control over the regulatory affairs of federal agencies. It first examines the historical understanding of the constitutionality of examining such control. Then, it describes the two main methods that modern Presidents use to exercise such control: presidential directives and presidential regulatory approval regimes. Finally, it discusses how this has manifested itself during the early days of the Obama administration, exploring the regulatory effects of President Obama's executive order that directed agencies to expand funding programs for research using embryonic stem cells.
The Paradox Of Social Instability In China And The Role Of The Xinfang System, Matthew Adam Bruckner
The Paradox Of Social Instability In China And The Role Of The Xinfang System, Matthew Adam Bruckner
Matthew Adam Bruckner
No abstract provided.
Privatization And Public Law Values: A View From France, Manuel Tirard
Privatization And Public Law Values: A View From France, Manuel Tirard
Indiana Journal of Global Legal Studies
This article uses a comparative approach to explore privatization and its consequences on public law values. It discusses the French model for protecting these values, which limits the scope of privatization and applies a legal regime within which public law norms play an active role. While it does not suggest that this model can or should be applied in the United States, it does express that the French experience can enrich American debates on the subject.
Democracy and the Transnational Private Sector, Symposium. Indiana University School of Law – Bloomington, April 12-13, 2007.
Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman
Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform
- In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
- I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
- I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
- I have also noted influences …
Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins
Politics, Institutions, And Outcomes: Electricity Regulation In Argentina And Chile, William B. Heller, Mathew D. Mccubbins
Faculty Scholarship
Risk, whether market or political, is an important determinant of private investment decisions. One important risk, subject to control by the government, is the risk associated with the hold-up problem: governments can force utilities to shoulder burdensome taxes, to use input factors ineffectively, or to charge unprofitable rates for their service. To attract private investment governments must be able to make commitments to policies that are nonexpropriative (either to contracts that guarantee very high rates of return or to favorable regulatory policies). These commitments, of course, must be credible.
Judgments about the credibility of commitments to regulatory policies are based …
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace
Publications
No abstract provided.
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
Divergent Models Of Public Law In Latin America: A Historical And Prescriptive Analysis, Nicholas D.S. Brumm
University of Miami Inter-American Law Review
No abstract provided.
Integrating Governmental And Officer Tort Liability, George A. Bermann
Integrating Governmental And Officer Tort Liability, George A. Bermann
Faculty Scholarship
The legislative and judicial dismantling of sovereign immunity is among the more significant and celebrated reforms of recent American administrative law. In many instances, this development has given those seeking damages for wrongful governmental action their first and only defendant. Even in situations in which litigants already had a cause of action against individual public officials, making the government amenable to suit has enhanced the chances of actual recovery, since officials often lack the means to satisfy judgments rendered against them. The immunity from liability enjoyed by public officials also has undergone a complex series of changes. Though still in …
Roundtable On Administrative Law: Proceedings, William Burnett Harvey
Roundtable On Administrative Law: Proceedings, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge
Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Book Review. Schwartz, B., French Administrative Law And The Common-Law World, Ralph F. Fuchs
Book Review. Schwartz, B., French Administrative Law And The Common-Law World, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Carr, C.T., Concerning English Administrative Law, Ralph F. Fuchs
Book Review. Carr, C.T., Concerning English Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.