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Administrative law

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Articles 61 - 88 of 88

Full-Text Articles in Law

Interim Report On The Administrative Law, Process And Procedure Project For The 21st Century, Rena I. Steinzor Oct 2009

Interim Report On The Administrative Law, Process And Procedure Project For The 21st Century, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.

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The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor Oct 2009

The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Rena I. Steinzor

The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …

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"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana May 2009

"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana

Shruti Rana

Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …

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Technological Due Process, Danielle Citron Apr 2009

Technological Due Process, Danielle Citron

Danielle Keats Citron

Today, computer systems terminate Medicaid benefits, remove voters from the rolls, exclude travelers from flying on commercial airlines, label (and often mislabel) individuals as dead-beat parents, and flag people as possible terrorists from their email and telephone records. But when an automated system rules against an individual, that person often has no way of knowing if a defective algorithm, erroneous facts, or some combination of the two produced the decision. Research showing strong psychological tendencies to defer to automated systems suggests that a hearing officer’s check on computer decisions will have limited value. At the same time, automation impairs participatory …

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The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh Mar 2009

The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh

Robert B. Ahdieh

Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …

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The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh Mar 2009

The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh

Robert B. Ahdieh

Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …

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The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh Mar 2009

The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh

Robert B. Ahdieh

Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …

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The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh Mar 2009

The New Regulation: From Command To Coordination In The Modern Administrative State, Robert B. Ahdieh

Robert B. Ahdieh

Since its earliest days, the administrative state has been rationalized by a particular vision of the world. In the latter, public goods and free-rider problems, collective action and information failures, tragedies of the commons, and negative externalities constitute the “state of nature.” Regulation is the state’s response: command-and-control measures designed to alter the dominant incentives of individuals and institutions to defect from socially optimal equilibria. In environmental law, consumer protection, workplace safety regulation, and other domains of the modern administrative state, this Prisoner’s Dilemma is the motivating tale. To a growing degree, however, the demands of the social and economic …

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A Broader View Of The Immigration Adjudication Problem, Jill Family Dec 2008

A Broader View Of The Immigration Adjudication Problem, Jill Family

Jill E. Family

Are too many individuals diverted from civil immigration adjudication? Each year, the government completes millions of diversions from civil immigration adjudication through explicit and implicit waivers, the expedited removal program and the increasing criminalization of immigration law.
By uncovering and analyzing this diversion phenomenon, this article exposes an important piece of the immigration adjudication problem that has been largely undiagnosed. While judges, scholars, government officials and practitioners have acknowledged serious problems within the civil immigration adjudication system, this article widens the view to incorporate the issue of whether too many are being sidetracked from the system altogether.
This article concludes …

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Administration Of War, John C. Yoo Dec 2008

Administration Of War, John C. Yoo

John C Yoo

This essay asks whether the Constitution’s implicit grant of the removal power to the President provides control over the administrative agencies by examination of civil-military relations under the administration of President George W. Bush. Control over the military is one of the most significant, but also understudied, aspects of administrative law. The U.S. Armed Services are the nation’s first administrative agencies, predating the Constitution itself. The President has greater freedom to remove and command military officers than over the personnel of any civilian agency. Yet, greater constitutional command over the military agencies has not produced greater presidential control. Since the …

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Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison Dec 2008

Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison

Jennifer Allison

This paper outlines the historical exertion of presidential control over the regulatory affairs of federal agencies. It first examines the historical understanding of the constitutionality of examining such control. Then, it describes the two main methods that modern Presidents use to exercise such control: presidential directives and presidential regulatory approval regimes. Finally, it discusses how this has manifested itself during the early days of the Obama administration, exploring the regulatory effects of President Obama's executive order that directed agencies to expand funding programs for research using embryonic stem cells.

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Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …

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The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso Dec 2007

The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso

Luke A. Boso

In May 2004, the Food and Drug Administration (FDA) announced a final rule to be published in the Federal Register that would establish eligibility criteria for persons seeking to donate sperm and other human cells and tissues. Concurrently, the FDA issued a draft guidance document that provides recommendations for complying with the requirements, listing men who have had sex with another man in the preceding 5 years (MSMs) as the number one risk factor. The FDA does not, however, make a distinction between MSMs who practice safe sex and those who have unprotected sex, nor does it identify men who …

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The Process-Welfare Nexus, Reza Dibadj Dec 2007

The Process-Welfare Nexus, Reza Dibadj

Reza Dibadj

In an era fashionable for its simplistic trashing of the regulatory state, Steven Croley's Regulation and Public Interests provides welcome respite. Croley mounts a valiant defense of regulation. His central argument is straightforward; namely, "that the cynical view of regulation shows far too little attention to the actual processes through which administrative agencies regulate. . . . Once the administrative state is unpacked-once it is considered in light of its procedural complexities-grim conclusions about the inability of regulatory institutions to advance the general welfare give way to more optimistic assessments." (p. 4). This book review argues that while Croley presents …

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The Opacity Of Transparency, Mark Fenster Dec 2004

The Opacity Of Transparency, Mark Fenster

Mark Fenster

The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance promise the world—a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public’s engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes that result …

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Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson Dec 2004

Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson

Kenneth Anderson

This book review summarizes and critiques A New World Order, offering both an internal critique of the argument's consistency as well as an outside critique of the argument from the standpoint of the value of democratic sovereignty. The review locates Slaughter's argument within the debate over international relations realism and idealism, and further locates it within a continuum of seven idealized positions in the debate between global governance and sovereignty, with pure sovereignty at one extreme and world government at the other, with the most relevant positions of democratic sovereignty and liberal internationalism located in the middle. The article concludes …

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Regulatory Givings And The Anticommons, Reza Dibadj Dec 2002

Regulatory Givings And The Anticommons, Reza Dibadj

Reza Dibadj

The concepts of takings and the tragedy of the commons are familiar to those versed in the legal and economic literature. Only recently has scholarship begun to emerge around their less studied counterparts, givings and anticommons. For the first time, this article attempts to develop and bring together these two emerging areas of legal scholarship using the tools of law and economics. The focus is to explore how these new concepts, taken together, can create a mechanism with which to explore developments in administrative law. The piece first builds a theoretical argument as to how regulatory largesse can subtly create …

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Alj Ethics: Conundrums, Dilemmas, And Paradoxes, John L. Gedid Dec 2001

Alj Ethics: Conundrums, Dilemmas, And Paradoxes, John L. Gedid

John L. Gedid

No abstract provided.

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Modern Ethical Dilemmas For Aljs And Government Lawyers: Conflicts Of Interest, Appearances Of Impropriety, And Other Ethical Considerations, Introduction, Robert C. Power Dec 2001

Modern Ethical Dilemmas For Aljs And Government Lawyers: Conflicts Of Interest, Appearances Of Impropriety, And Other Ethical Considerations, Introduction, Robert C. Power

Robert C Power

No abstract provided.

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Rulemaking Developments, Robert C. Power Dec 1998

Rulemaking Developments, Robert C. Power

Robert C Power

No abstract provided.

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Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Decisions, John L. Gedid Dec 1997

Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Decisions, John L. Gedid

John L. Gedid

No abstract provided.

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Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid Dec 1995

Administrative Law Progress In 1995: Important Pennsylvania Supreme Court Decisions, John L. Gedid

John L. Gedid

No abstract provided.

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Integrating Theory With Practice, Robert C. Power Dec 1991

Integrating Theory With Practice, Robert C. Power

Robert C Power

No abstract provided.

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An Analysis And Explanation Of The Equal Access To Justice Act, Louise L. Hill Dec 1986

An Analysis And Explanation Of The Equal Access To Justice Act, Louise L. Hill

Louise L Hill

No abstract provided.

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Help Is Sometimes Close At Hand: The Exhaustion Problem And The Ripeness Solution, Robert C. Power Dec 1986

Help Is Sometimes Close At Hand: The Exhaustion Problem And The Ripeness Solution, Robert C. Power

Robert C Power

No abstract provided.

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Equal Access To Justice Act─Paving The Way For Legislative Change, Louise L. Hill Dec 1984

Equal Access To Justice Act─Paving The Way For Legislative Change, Louise L. Hill

Louise L Hill

No abstract provided.

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The Appropriateness And Design Of Categorical Decision-Making Systems, John J. Capowski Dec 1983

The Appropriateness And Design Of Categorical Decision-Making Systems, John J. Capowski

John J. Capowski

No abstract provided.

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Accuracy And Consistency In Categorical Decision-Making: A Study Of Social Security's Medical-Vocational Guidelines─Two Birds With One Stone Or Pigeon-Holing Claimants?, John J. Capowski Dec 1982

Accuracy And Consistency In Categorical Decision-Making: A Study Of Social Security's Medical-Vocational Guidelines─Two Birds With One Stone Or Pigeon-Holing Claimants?, John J. Capowski

John J. Capowski

No abstract provided.

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