Law Commons^™

Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.

Louisiana Law Review

No abstract provided.

The Role Of Contracts And Networks In Public Governance: The Importance Of The "Social Epistemology" Of Decision Making, Karl-Heinz Ladeur

Indiana Journal of Global Legal Studies

This article addresses the role of public contracts and of public-private networks in relation to the new cognitive infrastructure of postmodern societies and the rise of an experimental rationality. The use of contracts in public law has evolved: it is no longer just a new version of the administrative decision; it is now used as a means in a broad process of breaking up the permeability of public administration. New modes of contracting are a response to increasing fragmentation of interests in industry and in society as a whole. This evolution has also given rise to the concept of the …

Prescribed By Law/Une Règle De Droit, Robert Leckey

Osgoode Hall Law Journal

In Multani, the Supreme Court of Canada's kirpan case, judges disagree over the proper approach to reviewing administrative action under the Canadian Charter of Rights and Freedoms. The concurring judges questioned the leading judgment, Slaight Communications, on the basis that it is inconsistent with the French text of section I. This disagreement stimulates reflections on language and culture in Canadian constitutional and administrative law. A reading of both language versions of section 1, Slaight, and the critical scholarship 'reveals a linguistic dualism in which scholars read one version of the Charter and of the judgment and write about them in …

Introduction To Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan

All Faculty Scholarship

Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …

Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur

Vanderbilt Law Review

Consider the following situation: In late 2004, towards the end of President George W. Bush's first term, the National Highway Transportation Safety Administration ("NHTSA"), pursuant to its congressionally delegated authority, promulgates a rule that would relax inspection and testing regimes for automobile manufacturers- thereby saving those firms substantial amounts of money-if the manufacturers independently deployed cutting-edge vehicle safety technology. The research and development of this technology will require significant up-front expenditures, and automobile manufacturers must decide whether to invest the funds necessary to bring the technology to market. However, the cost-benefit analysis is not so straightforward. The predicament, as the …

Layman V. State: The South Carolina Supreme Court's Response To Retroactive Legislation And The Establishment Of A New Principle On Statutorily Created Employment And Retirement Contracts, Christina E. Lollar

South Carolina Law Review

No abstract provided.

A Bridge Too Far?: The Need For A Hard Look At South Carolina's New Coastal Island Regulations, John P. Harper Iii

South Carolina Law Review

No abstract provided.

Public Health Law As Administrative Law: Example Lessons, Edward P. Richards

Journal of Health Care Law and Policy

No abstract provided.

Beyond Compensation: Using Torts To Promote Public Health, Elizabeth A. Weeks

Journal of Health Care Law and Policy

No abstract provided.

Review Of The Coast Guard's Administrative Law System, Abraham A. Dash

Congressional Testimony

No abstract provided.

Massachusetts V. Epa Heats Up Climate Policy No Less Than Administrative Law: A Comment On Professors Watts And Wildermuth, Jonathan H. Adler

Faculty Publications

In their essay Breaking New Ground on Issues Other than Global Warming, Professors Kathryn A. Watts and Amy J. Wildermuth have presented a thoughtful preliminary analysis of the Supreme Court's handiwork in Massachusetts v. EPA. They are correct that the decision potentially paves new ground in administrative law, particularly with regard to state standing. The Court's approach to review of agency decisions to decline rulemaking petitions is also potentially significant, but perhaps less ground-breaking than they suggest. In the context of climate change policy their assessment of the Court's decision is too modest, however, for Massachusetts virtually ensures federal regulation …

International Delegations And Administrative Law, Kristina Daugirdas

Maryland Law Review

No abstract provided.

Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson

Articles & Chapters

No abstract provided.

Reprocessing Vermont Yankee, Jack M. Beermann, Gary S. Lawson

Faculty Scholarship

In Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519 (1978), the Supreme Court unanimously and stridently chastised the D.C. Circuit for forcing the Nuclear Regulatory Commission to employ procedures such as discovery and cross-examination in a notice-and-comment rulemaking when no organic statute, regulation, or constitutional provision required it. Vermont Yankee is almost universally regarded as one of the most important administrative law decisions issued by the Supreme Court. For the past three decades, various scholars, most notably Paul Verkuil and Richard Pierce, have been anticipating, and urging, a "Vermont Yankee II," in which the Court would similarly invalidate …

Developments In Administrative Law: The 2005-2006 And 2006-2007 Terms, Laverne Jacobs

Law Publications

The 2005-2006 and 2006-2007 terms produced several noteworthy decisions in the area of administrative law, furthering administrative law jurisprudence in three key areas: the relationship between constitutional and administrative law, especially with respect to judicial review of exercises of administrative discretion that affect Charter rights and freedoms (Multani v. Commission scolaire Marguerite Bourgeoys); exclusive and concurrent jurisdiction (Tranchemontagne v. Ontario (Director, Disability Support Program) and Bisaillon v. Concordia University) and standard of review (Livis (City) v. Fraternite des policiers de Livis Inc. and Council of Canadians with Disabilities v. Via Rail Canada Inc.). Overall, there was a strong synergy between …

Abortion, Equality, And Administrative Regulation, Gillian E. Metzger

Faculty Scholarship

Abortion and equality are a common pairing; courts as well as legal scholars have noted the importance of abortion and a woman's ability to control whether and when she has children to her ability to participate fully and equally in society. Abortion and administrative regulation, on the other hand, are a more unusual combination. Most restrictions on abortion are legislatively imposed, while guarantees of reproductive freedom are constitutionally derived, so administrative law does not frequently figure in debates about access to abortion.

Technology Unbound: Will Funded Libertarianism Dominate The Future?, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

The panel decision in Abigail Alliance, which found a constitutional right to use certain medicines that have not received Food and Drug Administration approval, may not survive further review, but it already stands as an important signpost on the road to further deregulation of the drug market. This trend mirrors the evolution of the in vitro fertilization (IVF) industry which is remarkably unregulated although it raises numerous ethical and consumer protection issues. These developments share an obvious libertarian underpinning, but in both cases it is an odd sort of libertarianism, because proponents of unmediated access to drugs and IVF also …

Sending The Bureaucracy To War, Elena Baylis, David Zaring

Articles

Administrative law has been transformed after 9/11, much to its detriment. Since then, the government has mobilized almost every part of the civil bureaucracy to fight terrorism, including agencies that have no obvious expertise in that task. The vast majority of these bureaucratic initiatives suffer from predictable, persistent, and probably intractable problems - problems that contemporary legal scholars tend to ignore, even though they are central to the work of the writers who created and framed the discipline of administrative law.

We analyze these problems through a survey of four administrative initiatives that exemplify the project of sending bureaucrats to …