Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (26)
- University of Michigan Law School (22)
- University of Montana (21)
- Case Western Reserve University School of Law (18)
- Notre Dame Law School (18)
-
- Universitas Indonesia (18)
- Selected Works (17)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (16)
- University of Pennsylvania Carey Law School (15)
- University of San Diego (12)
- Washington and Lee University School of Law (12)
- Brooklyn Law School (11)
- Chicago-Kent College of Law (11)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- University of Colorado Law School (8)
- University of Georgia School of Law (8)
- Georgia State University College of Law (7)
- Southern Methodist University (7)
- Texas A&M University School of Law (7)
- Columbia Law School (6)
- Florida State University College of Law (6)
- St. John's University School of Law (6)
- American University Washington College of Law (5)
- Barry University School of Law (5)
- Florida International University College of Law (5)
- Roger Williams University (5)
- The Catholic University of America, Columbus School of Law (5)
- University of Pittsburgh School of Law (5)
- Cornell University Law School (4)
- Georgetown University Law Center (4)
- Keyword
-
- Administrative law (38)
- Regulation (28)
- Administrative Law (17)
- Administrative Procedure Act (17)
- Ohio (16)
-
- State law; State administrative decision (16)
- Securities and Exchange Commission (15)
- APA (13)
- Chevron (13)
- Climate change (11)
- Environmental law (11)
- SEC (11)
- Deference (10)
- Law (10)
- Regulations (10)
- PTAB (9)
- Due process (8)
- Rulemaking (8)
- Separation of powers (8)
- Environmentalism (7)
- Judicial review (7)
- Patent Trial and Appeal Board (7)
- ALJ (6)
- Administrative Law Judges (6)
- Alexander Blewett III School of Law (6)
- Article II (6)
- Automation (6)
- Banking and Finance (6)
- Constitutional law (6)
- Data Aggregation (6)
- Publication
-
- Journal of the National Association of Administrative Law Judiciary (26)
- Public Land & Resources Law Review (21)
- Faculty Scholarship (19)
- Jurnal Hukum & Pembangunan (17)
- Ohio Oil & Gas Commission Decisions (16)
-
- All Faculty Scholarship (13)
- Notre Dame Law Review (13)
- Review of law sciences (13)
- Articles (12)
- California Regulatory Law Reporter (11)
- Nevada Supreme Court Summaries (8)
- Scholarly Works (8)
- Washington and Lee Law Review (8)
- Publications (7)
- Ryan B. Stoa (7)
- University of Michigan Journal of Law Reform (7)
- Chicago-Kent Journal of Intellectual Property (6)
- Georgia State University Law Review (6)
- Michigan Journal of Environmental & Administrative Law (6)
- St. John's Law Review (6)
- Chicago-Kent Law Review (5)
- FIU Law Review (5)
- Journal Articles (5)
- Michigan Law Review (5)
- Brooklyn Law Review (4)
- Catholic University Law Review (4)
- Environmental and Earth Law Journal (EELJ) (4)
- Faculty Publications (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Journal of Air Law and Commerce (4)
- Publication Type
Articles 391 - 405 of 405
Full-Text Articles in Law
Optimizing Regulation For An Optimizing Economy, Cary Coglianese
Optimizing Regulation For An Optimizing Economy, Cary Coglianese
All Faculty Scholarship
Much economic activity in the United States today emanates from technological advances that optimize through contextualization. Innovations as varied as Airbnb and Uber, fintech firms, and precision medicine are transforming major sectors in the economy by customizing goods and services as well as refining matches between available resources and interested buyers. The technological advances that make up the optimizing economy create new challenges for government oversight of the economy. Traditionally, government has overseen economic activity through general regulations that aim to treat all individuals equally; however, in the optimizing economy, business is moving in the direction of greater individualization, not …
Regulation By Database, Nathan Cortez
Regulation By Database, Nathan Cortez
University of Colorado Law Review
The federal government currently publishes 196,284 searchable databases online, a number of which include information about private parties that is negative or unflattering in some way. Federal agencies increasingly publish adverse data not just to inform the public or promote transparency, but to pursue regulatory ends-to change the underlying behavior being reported. Such "regulation by database" has become a preferred method of regulation in recent years, despite scant attention from policymakers, courts, or scholars on its appropriate uses and safeguards.
This Article evaluates the aspirations and burdens of regulation by database. Based on case studies of six important data sets …
Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart
Two Pedagogies In Search Of Synergy, Lisa Schultz, Susan Nevelow Mart
Publications
Anyone who has taught a first-year legal research course understands the dilemma: How do we weave research skills into the writing program without sacrificing the quality or quantity of either discipline? In fact, it is difficult and time consuming to interweave any serious legal research instruction into a first-year writing course. What the students need to know is not just how to do a little case law research or how to find a statute: they need to also know how to formulate a research plan, how to evaluate a database, what kind of search works in different information environments, and …
"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson
"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson
Publications
No abstract provided.
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
Leveraging Social Science Expertise In Immigration Policymaking, Ming H. Chen
Publications
The longstanding uncertainty about how policymakers should grapple with social science demonstrating racism persists in the modern administrative state. This Essay examines the uses and misuses of social science and expertise in immigration policymaking. More specifically, it highlights three immigration policies that dismiss social scientific findings and expertise as part of presidential and agency decision-making: border control, crime control, and extreme vetting of refugees to prevent terrorism. The Essay claims that these rejections of expertise undermine both substantive and procedural protections for immigrants and undermine important functions of the administrative state as a curb on irrationality in policymaking. It concludes …
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
Publications
No abstract provided.
Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen
Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen
Publications
My intended focus is on the widespread response--in cities, churches, campuses, and corporations that together comprise "sanctuary networks"--to the Trump Administration's Executive Order 13768 Enhancing Public Safety in the Interior of the United States as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival
Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival
All Faculty Scholarship
The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to promote greater use of fossil fuels are disregarding climate science. This Article argues that this massive and historic deregulation may spawn yet another wave of legal innovation as litigants, including states and their political subdivisions, return to the common law to protect the health of the planet. Prior to the emergence of the major federal environmental laws in the 1970s, the common law of nuisance gave rise to the earliest environmental decisions in U.S. history. In …
The Ecology Of Transparency Reloaded, Seth F. Kreimer
The Ecology Of Transparency Reloaded, Seth F. Kreimer
All Faculty Scholarship
As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.
The late Justice Scalia argued that the …
Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna
Growing The Resistance: A Call To Action For Transactional Lawyers In The Era Of Trump, Gowri Krishna
Articles & Chapters
his essay is a call to action for transactional lawyers looking to support vulnerable immigrants through non-litigation means. By providing a snapshot of an especially precarious time in history for immigrants in the U.S.—the period immediately after the 2016 presidential election—the essay illustrates future areas of opportunity for transactional attorneys.
Non-Alj Adjudicators In Federal Agencies: Status, Selection, Oversight, And Removal, Kent H. Barnett, Russell Wheeler
Non-Alj Adjudicators In Federal Agencies: Status, Selection, Oversight, And Removal, Kent H. Barnett, Russell Wheeler
Georgia Law Review
This article republishes—in substantively similar form—our 2018 report to the Administrative Conference of the United States (ACUS) concerning federal agencies’ adjudicators who are not administrative law judges (ALJs). (We refer to these adjudicators as “non-ALJ Adjudicators” or “non-ALJs.”) As our data indicate, non-ALJs significantly outnumber ALJs. Yet non-ALJs are often overlooked and difficult to discuss as a class because of their disparate titles and characteristics. To obtain more information on non-ALJs, we surveyed agencies on non-ALJs’ hearings and, among other things, the characteristics concerning non-ALJs’ salaries, selection, oversight, and removal. We first present our reported data on these matters, which …
Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett
Planning For Excellence: Insights From An International Review Of Regulators' Strategic Plans, Adam M. Finkel, Daniel Walters, Angus Corbett
All Faculty Scholarship
What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.
In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …
Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert
Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert
All Faculty Scholarship
Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that …
Economic Analysis Of Labor Regulation, Hiba Hafiz
Economic Analysis Of Labor Regulation, Hiba Hafiz
Hiba Hafiz
The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan