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Full-Text Articles in Law

Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell Apr 2016

Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell

Fordham Law Review

This Article summarizes product safety and vehicle safety law and recounts General Motors Company’s (GM) response to the Cobalt ignition switch defect, paying particular attention to the actions of GM’s in-house and outside counsel. This Article then considers the legality and prudence of a regulatory agency’s imposition of gatekeeping responsibilities on such counsel.


Lawyering Within The Domain Of Expertise, David Mcgowan Apr 2016

Lawyering Within The Domain Of Expertise, David Mcgowan

Fordham Law Review

This Article uses the history of patent prosecution to assess the relationship between the practice of law and the claim of an administrative agency to possess and to employ expertise.


Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall Apr 2016

Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall

Fordham Law Review

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …


Nothing Could Be Finer?: The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus Apr 2016

Nothing Could Be Finer?: The Role Of Agency General Counsel In North And South Carolina, Elizabeth Chambliss, Dana Remus

Fordham Law Review

This Article examines the role of agency general counsel in North and South Carolina. The two states offer a rich comparative context for research on agency general counsel. Though closely linked in both name and culture, they have different executive structures and recent political histories, and the agency counseling function has evolved and is currently organized in different ways. These structural and political differences at the state level illuminate commonalities and differences at the agency level and provide an accessible starting point for broader state-level research. Part I examines the structural evolution of the agency general counsel position and the …


The Laws Of Agency Lawyering, George M. Cohen Apr 2016

The Laws Of Agency Lawyering, George M. Cohen

Fordham Law Review

The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the …


Lawyer Speech In The Regulatory State, Renee Newman Knake Apr 2016

Lawyer Speech In The Regulatory State, Renee Newman Knake

Fordham Law Review

A lawyer’s speech as advisor and advocate not only holds First Amendment value for the client and for the public, but also for the functioning of American democracy. This is supported both by foundational values undergirding the First Amendment as well as Supreme Court doctrine. This Article builds upon that analysis to posit that lawyers for the regulatory state ought not to be treated as government employees for purposes of the First Amendment when engaged in speech about workplace conditions related to curbing abuse of power, corruption, or other illegality. While this position runs counter to the existing precedent of …


Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker Nov 2014

Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker

Fordham Law Review

No abstract provided.


The Three Phases Of Mead, Kristin E. Hickman Nov 2014

The Three Phases Of Mead, Kristin E. Hickman

Fordham Law Review

No abstract provided.


Federalism At Step Zero, Miriam Seifter Nov 2014

Federalism At Step Zero, Miriam Seifter

Fordham Law Review

No abstract provided.


Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker Nov 2014

Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker

Fordham Law Review

No abstract provided.


In Search Of Skidmore, Peter L. Strauss Nov 2014

In Search Of Skidmore, Peter L. Strauss

Fordham Law Review

No abstract provided.


Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane Nov 2014

Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane

Fordham Law Review

No abstract provided.


Chevron’S Generality Principles, Emily Hammond Nov 2014

Chevron’S Generality Principles, Emily Hammond

Fordham Law Review

No abstract provided.


Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett Nov 2014

Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett

Fordham Law Review

No abstract provided.


Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann Nov 2014

Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann

Fordham Law Review

No abstract provided.


Chevron And Deference In State Administrative Law , Aaron J. Saiger Nov 2014

Chevron And Deference In State Administrative Law , Aaron J. Saiger

Fordham Law Review

No abstract provided.


Step Zero After City Of Arlington, Thomas W. Merrill Nov 2014

Step Zero After City Of Arlington, Thomas W. Merrill

Fordham Law Review

No abstract provided.


What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation , Abbe R. Gluck Nov 2014

What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation , Abbe R. Gluck

Fordham Law Review

No abstract provided.


Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney Nov 2014

Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney

Fordham Law Review

No abstract provided.


Chevron’S Flexible Agency Expertise Model: Applying The Chevron Doctrine To The Bia’S Interpretation Of The Ina’S Criminal Law–Based Aggravated Felony Provision, Michael Dorfman-Gonzalez Nov 2013

Chevron’S Flexible Agency Expertise Model: Applying The Chevron Doctrine To The Bia’S Interpretation Of The Ina’S Criminal Law–Based Aggravated Felony Provision, Michael Dorfman-Gonzalez

Fordham Law Review

For nearly thirty years, courts have looked to the U.S. Supreme Court’s ruling in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. when reviewing a challenge to an agency’s interpretation of statutory language and determining whether deference is appropriate. Despite Chevron’s longstanding role as one of administrative law’s most important legal doctrines, no specification exists as to whether judicial deference is required when an agency interprets language outside the scope of its expertise. As a result, the Second and Third Circuits have split on the issue of whether the Bureau of Immigration Appeals’ (BIA) interpretation of the term …


Small Things Like Reasons Are Put In A Jar: Reason And Legitimacy In The Administrative State, Jeffrey L. Mashaw Jan 2001

Small Things Like Reasons Are Put In A Jar: Reason And Legitimacy In The Administrative State, Jeffrey L. Mashaw

Fordham Law Review

No abstract provided.


Sierra Club: Rationalizing The Royalty Exception To The Unrelated Business Income Tax, Jennifer Anne Spiegel Jan 1995

Sierra Club: Rationalizing The Royalty Exception To The Unrelated Business Income Tax, Jennifer Anne Spiegel

Fordham Law Review

No abstract provided.


Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael M. Heise Jan 1994

Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael M. Heise

Fordham Law Review

No abstract provided.


The Place And Function Of Judicial Review In The Administrative Process, Robert Kramer Jan 1959

The Place And Function Of Judicial Review In The Administrative Process, Robert Kramer

Fordham Law Review

No abstract provided.


Book Reviews Jan 1939

Book Reviews

Fordham Law Review

No abstract provided.


The Federal Administrative Court Proposal: An Examination Of General Principals, John D. O'Reilly, Jr. Jan 1937

The Federal Administrative Court Proposal: An Examination Of General Principals, John D. O'Reilly, Jr.

Fordham Law Review

No abstract provided.