Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Chevron Two-Step In Georgia's Administrative Law, David E. Shipley
The Chevron Two-Step In Georgia's Administrative Law, David E. Shipley
Georgia Law Review
Like federal and state administrative agencies
throughout the nation, Georgia's many boards,
commissions and authorities make policy when they apply
their governing statutes in promulgating regulations and
in ruling on specific matters like granting or denying an
application for a permit or determining the residency of a
candidate for public office. Sometimes governing statutes
are clear, but sometimes there is ambiguity. When there is
ambiguity in the governing statute, an agency must
interpret that legislation when it promulgates regulations
or decides a particular contested matter. This Article asks
and answers the fundamental question of what deference,
if any, must a …
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer
Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer
Scholarly Works
This Comment will examine how one particular state institution, state attorneys general (SAGs), has operated within a unique set of institutional and political constraints to create state-based regulation with nationwide impact in policy areas including consumer protection, antitrust, environmental regulation, and securities regulation. This state-based regulation casts doubt on one of the principle rationales advanced in the Supreme Court's anticommandeering line of cases for limiting federal power; namely, that such a move enhances electoral accountability, a concept central to our democracy. If in the absence of federal regulation a series of narrowly accountable state-based actors can create nationwide regulation in …
The Status Of Administrative Agencies Under The Georgia Constitution, David E. Shipley
The Status Of Administrative Agencies Under The Georgia Constitution, David E. Shipley
Scholarly Works
This Article discusses the place of administrative agencies under the Georgia Constitution. The rules of the Georgia Supreme Court on these issues, like the comparable rulings from the U.S. Supreme Court, make excellent reading for anyone interested in Georgia law, government, politics, and history. Most of the decisions surveyed in this Article are correct, but not necessarily for the reasons given by the Georgia Supreme Court. Some of the opinions offer comprehensive treatises on sections of the Georgia Constitution and aspects of administrative law, while others reach conclusions without much explanation. Some results are at odds with prior decisions that …
Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis
Personal Liability Of State Officials Under State And Federal Law, Charles R. Mcmanis
Scholarly Works
The common law rule of governmental immunity made governments immune from suit and held public officials personally liable for the torts they committed in the performance of their duties. In recent years, however, the law of tort liability has moved toward the increased immunity of governmental officials and employees and the increased liability of governmental units. In this Article Professor McManis first outlines the notion of sovereign immunity, following with an analysis of the nature and the scope of the immunity afforded governmental official sunder federal and state law, with a particular emphasis on the law of Georgia. The author …