Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 15 of 15

Full-Text Articles in Law

Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman Apr 2019

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 Apr 2014

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 Jan 2014

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 Apr 1999

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 Jul 1998

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 Jan 1980

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 Jan 1979

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 Jul 1972

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 Jul 1972

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 Jan 1964

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 Oct 1960

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 Jan 1958

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 Jan 1955

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 Oct 1954

Hearing Examiner Status: A Recurrent Problem In Administrative Law

Indiana Law Journal

No abstract provided.


Speculative Evidence And The Administrative Process Jul 1952

Speculative Evidence And The Administrative Process

Indiana Law Journal

No abstract provided.