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Articles 1 - 3 of 3
Full-Text Articles in Law
Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Donald J. Kochan
The requirement that agencies give reasons for their actions and in support of their interpretations in administrative law serves important Rule of Law values. It forces agencies to consider how and whether their actions can be justified and provides a means of accountability, allowing the public to judge the agency actions by the reasons offered. One of the areas where reason-giving is most debated is in the face of a new administration that seeks to alter, amend, or repeal a rule that has already gone through the strenuous notice and comment rulemaking process. Administrative law allows such changes so long …
The Market To Roam: Using Sharing Economy Platforms For Expanding Roaming Access To Land Resources, Donald J. Kochan
The Market To Roam: Using Sharing Economy Platforms For Expanding Roaming Access To Land Resources, Donald J. Kochan
Donald J. Kochan
This Article proposes a framework for a market to roam, where technology-facilitated bargaining leads to transfers of roaming rights and the provision of access across private lands. Such a system can borrow from what we know about traditional land use cooperation platforms, together with what we are learning from the sharing economy and its use of technology platforms to assist with matching owners of under-utilized resources with individuals interested in accessing or using those resources. The Article engages with property law debates over the capability of the property system to support subdivision of rights, or sticks, in the property rights …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan
Donald J. Kochan
When examining legislation authorizing administrative agencies to promulgate rules, we are often left asking whether Congress “delegates” away its lawmaking authority by giving agencies too much power and discretion to decide what rules should be promulgated and to determine how rich to make their content. If the agencies get broad authority, it is not too hard to understand why they would fulsomely embrace the grant to its fullest. Once agencies are let loose by broad grants of rulemaking authority and they are off to the races, we are also often left scratching our heads wondering why Congress fails to intervene …