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Full-Text Articles in Law

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 …


The Jurisdiction Of The Court Of Federal Claims And Forum Shopping In Money Claims Against The Federal Government, Gregory C. Sisk Jan 2013

The Jurisdiction Of The Court Of Federal Claims And Forum Shopping In Money Claims Against The Federal Government, Gregory C. Sisk

Indiana Law Journal

No abstract provided.


Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn Jan 2012

Shifting The Paradigm Of The Debate: A Proposal To Eliminate At-Will Employment And Implement A "Mandatory Arbitration Act", Zev J. Eigen, Nicholas F. Menillo, David S. Sherwyn

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.


Wall Street V. Main Street: The Sec's New Regulation Fd And Its Impact On Market Participants, D. Casey Kobi Jul 2002

Wall Street V. Main Street: The Sec's New Regulation Fd And Its Impact On Market Participants, D. Casey Kobi

Indiana Law Journal

No abstract provided.


Country Conditions Documentation In U.S. Asylum Cases: Leveling The Evidentiary Playing Field, Susan K. Kerns Oct 2000

Country Conditions Documentation In U.S. Asylum Cases: Leveling The Evidentiary Playing Field, Susan K. Kerns

Indiana Journal of Global Legal Studies

No abstract provided.


Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle Apr 2000

Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle

Indiana Law Journal

No abstract provided.


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.


Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher Apr 1995

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.


The United States Olympic Committee And The Suspension Of Athletes: Reforming Grievance Procedures Under The Amateur Sports Act Of 1978, Ellis E. Hollis Iii Jan 1995

The United States Olympic Committee And The Suspension Of Athletes: Reforming Grievance Procedures Under The Amateur Sports Act Of 1978, Ellis E. Hollis Iii

Indiana Law Journal

No abstract provided.


In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of The Environmental Policy, William L. Andreen Apr 1989

In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of The Environmental Policy, William L. Andreen

Indiana Law Journal

No abstract provided.


The Social Security Administration's Policy Of Nonacquiescence, Angela M. Johnson Oct 1987

The Social Security Administration's Policy Of Nonacquiescence, Angela M. Johnson

Indiana Law Journal

No abstract provided.


The Use Of Discovery Sanctions In Administrative Agency Adjudication, Richard T. Frije Jan 1983

The Use Of Discovery Sanctions In Administrative Agency Adjudication, Richard T. Frije

Indiana Law Journal

No abstract provided.


Development And Diversification In Administrative Rule Making, Ralph F. Fuchs Jan 1977

Development And Diversification In Administrative Rule Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier Apr 1976

Judicial Review Of Parole Release Decisionmaking, Thomas B. Grier

IUSTITIA

An inmate at a federal penal institution "is entitled only to be released after full service of his sentence less good time earned during incarceration." He or she is not entitled to parole, for parole is not a right but a privilege, a matter of "legislative grace". The United States Board of Parole has "absolute discretion" in deciding whether and when to grant parole. The judiciary will not interfere with the Board, as "courts are without power to grant a parole or to determine judicially eligibility for parole." And since the Board is statutorily authorized to exercise broad discretion, and …


Maurice H. Merrill's Contribution To Administrative Law, Ralph F. Fuchs Jan 1972

Maurice H. Merrill's Contribution To Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil Jan 1970

Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.


Book Review. Cooper, F.E., State Administrative Law, Ralph F. Fuchs Jan 1967

Book Review. Cooper, F.E., State Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Reviewing Administrative Adjudications: The Controversy Re- Examined Jan 1964

Reviewing Administrative Adjudications: The Controversy Re- Examined

Indiana Law Journal

No abstract provided.


Symposium On The Federal Trade Commission: A Program Of Enforcement (Forward), Ralph F. Fuchs Apr 1963

Symposium On The Federal Trade Commission: A Program Of Enforcement (Forward), Ralph F. Fuchs

Indiana Law Journal

Symposium on the Federal Trade Commission: A Program of Enforcement


The Administrative Conference Of The United States, Ralph F. Fuchs Jan 1963

The Administrative Conference Of The United States, Ralph F. Fuchs

Articles by Maurer Faculty

As a member of the Conference, the author had an opportunity to become acquainted with its operations through experience. Although this account of the Conference reflects this experience and may be justified because of it, it expresses only such knowledge as the author has and such opinions as he has formed, for which he assumes full responsibility. He does not speak for anyone else, inside or outside of the Conference.


Procedural Safeguards In Administrative Rule Making In Indiana, P. Allan Dionisopoulos Jul 1962

Procedural Safeguards In Administrative Rule Making In Indiana, P. Allan Dionisopoulos

Indiana Law Journal

No abstract provided.


Report Of The Committee On Agency Rule Making, Ralph F. Fuchs Jan 1958

Report Of The Committee On Agency Rule Making, Ralph F. Fuchs

Articles by Maurer Faculty

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.


Postal Sanctions: A Study Of The Summary Use Of Administrative Power Jan 1956

Postal Sanctions: A Study Of The Summary Use Of Administrative Power

Indiana Law Journal

No abstract provided.


The Hoover Commission And Task Force Reports On Legal Services And Procedure, Ralph F. Fuchs Oct 1955

The Hoover Commission And Task Force Reports On Legal Services And Procedure, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.


Hearing Commissioners, Ralph F. Fuchs Jan 1955

Hearing Commissioners, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge Jan 1955

Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


Book Review. Heady, F., Administrative Procedure Legislation In The States, Ralph F. Fuchs Jan 1952

Book Review. Heady, F., Administrative Procedure Legislation In The States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge Jan 1949

Book Review. A Brief Survey Of The Jurisdiction And Practice Of The Courts Of The United States, 5th Ed. By Charles W. Bunn, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


The Model Act's Division Of Administrative Proceedings Into Rule-Making And Contested Cases, Ralph F. Fuchs Jan 1948

The Model Act's Division Of Administrative Proceedings Into Rule-Making And Contested Cases, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.