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Articles 1 - 30 of 35
Full-Text Articles in Law
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 …
The Jurisdiction Of The Court Of Federal Claims And Forum Shopping In Money Claims Against The Federal Government, Gregory C. Sisk
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Hearing Commissioners, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Administrative Trial Examiners: The Anonymous "Masters", Ivan C. Rutledge
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
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
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
The Model Act's Division Of Administrative Proceedings Into Rule-Making And Contested Cases, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.