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Articles 1 - 9 of 9
Full-Text Articles in Law
How Separation Of Powers Protects Individual Liberties, Cynthia R. Farina
How Separation Of Powers Protects Individual Liberties, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
On Misusing “Revolution” And “Reform”: Procedural Due Process And The New Welfare Act, Cynthia R. Farina
On Misusing “Revolution” And “Reform”: Procedural Due Process And The New Welfare Act, Cynthia R. Farina
Cynthia R. Farina
After a long dry spell, the debate over procedural due process flows again. The Supreme Court has announced the first major doctrinal revision in years; Congress has gutted the regulatory program that underlay Goldberg v. Kelly; and Richard Pierce has published an essay in the Columbia Law Review prophesying a radical de-evolution of due process doctrine that will bring constitutional law into line with the profound political and social revolution evidenced by welfare “reform.” My essay takes Professor Pierce's recent work as a springboard for reengaging the debate about the direction of procedural due process. I begin by recapitulating his …
Judicial Review Of Petitions, Cynthia R. Farina
Judicial Review Of Petitions, Cynthia R. Farina
Cynthia R. Farina
Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for …
Blackletter Statement Of Federal Administrative Law: Standing, Cynthia R. Farina
Blackletter Statement Of Federal Administrative Law: Standing, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina
Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
Deconstructing Nondelegation, Cynthia R. Farina
Deconstructing Nondelegation, Cynthia R. Farina
Cynthia R. Farina
This Essay (part of the panel on "The Administrative State and the Constitution" at the 2009 Federalist Society Student Symposium) suggests that the persistence of debates over delegation to agencies cannot persuasively be explained as a determination finally to get constitutional law “right,” for nondelegation doctrine—at least as traditionally stated—does not rest on a particularly sound legal foundation. Rather, these debates continue because nondelegation provides a vehicle for pursuing a number of different concerns about the modern regulatory state. Whether or not one shares these concerns, they are not trivial, and we should voice and engage them directly rather than …
Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina
Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
The "Chief Executive" And The Quiet Constitutional Revolution, Cynthia R. Farina
The "Chief Executive" And The Quiet Constitutional Revolution, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
Getting Beyond Cynicism: New Theories Of The Regulatory State. Foreword: Post-Public Choice?, Cynthia R. Farina, Jeffrey J. Rachlinski
Getting Beyond Cynicism: New Theories Of The Regulatory State. Foreword: Post-Public Choice?, Cynthia R. Farina, Jeffrey J. Rachlinski
Cynthia R. Farina
No abstract provided.