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Articles 1 - 15 of 15
Full-Text Articles in Law
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Indiana Law Journal
Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …
Should Chevron Have Two Steps?, Richard M. Re
Should Chevron Have Two Steps?, Richard M. Re
Indiana Law Journal
Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditional two-step Chevron actually does unique interpretive work. In short, step one asks whether agency interpretations are mandatory, whereas step two asks whether they are reasonable. Other judges and scholars defend two-step Chevron on the ground that the second step should be equated with arbitrary-and-capricious review. But that approach makes Chevron partially redundant with the Administrative Procedure Act and compresses the distinct mandatoriness and reasonableness questions into an artificially singular first step. This Article identifies a …
Restructuring The U.S. Tax Court: A Reply To Stephanie Hoffer And Christopher Walker's The Death Of Tax Court Exceptionalism, Leandra Lederman
Restructuring The U.S. Tax Court: A Reply To Stephanie Hoffer And Christopher Walker's The Death Of Tax Court Exceptionalism, Leandra Lederman
Articles by Maurer Faculty
This article is an invited reply to an article in the Minnesota Law Review regarding whether the “reviewing court” provisions of the Administrative Procedure Act (APA) apply to the U.S. Tax Court, the principal court hearing disputes between taxpayers and the IRS. (The Tax Court has repeatedly said that the APA does not apply to it). It argues in part that the question of whether the Tax Court must apply the APA’s standard and scope of review when reviewing IRS action is not as clear as a matter of history and doctrine as Professors Hoffer and Walker argue. The author …
Proposals For Reforming The Administrative Procedure Act: Globalization, Democracy And The Furtherance Of A Global Public Interest (Earl A. Snyder Lecture In International Law), Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Indiana Law Journal
No abstract provided.
Constitutional Limitations On Government Disclosure Of Private Trade Secret Information, Richard W. Young
Constitutional Limitations On Government Disclosure Of Private Trade Secret Information, Richard W. Young
Indiana Law Journal
No abstract provided.
Sec Accounting Series Release No. 150: A Critical Analysis, Ronald E. Large
Sec Accounting Series Release No. 150: A Critical Analysis, Ronald E. Large
Indiana Law Journal
No abstract provided.
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
Indiana Law Journal
Symposium: Administrative Law and the Environment: National Fuels Policy
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Indiana Law Journal
Administrative Law and the Environment: National Fuels Policy, Symposium
Reviewing Administrative Adjudications: The Controversy Re- Examined
Reviewing Administrative Adjudications: The Controversy Re- Examined
Indiana Law Journal
No abstract provided.
The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker
The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker
Indiana Law Journal
No abstract provided.
The Proposed New Code Of Administrative Procedure, Ralph F. Fuchs
The Proposed New Code Of Administrative Procedure, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Hearing Officer Problem -- Symptom And Symbol, Ralph F. Fuchs
The Hearing Officer Problem -- Symptom And Symbol, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Hearing Examiner Status: A Recurrent Problem In Administrative Law
Hearing Examiner Status: A Recurrent Problem In Administrative Law
Indiana Law Journal
No abstract provided.
Speculative Evidence And The Administrative Process
Speculative Evidence And The Administrative Process
Indiana Law Journal
No abstract provided.