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Full-Text Articles in Law
Jury Review Of Administrative Action, John F. Duffy
Jury Review Of Administrative Action, John F. Duffy
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
William & Mary Bill of Rights Journal
Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
William & Mary Bill of Rights Journal
No abstract provided.
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
William & Mary Bill of Rights Journal
No abstract provided.
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
William & Mary Bill of Rights Journal
No abstract provided.
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
William & Mary Bill of Rights Journal
No abstract provided.
Private Standards Organizations And Public Law, Peter L. Strauss
Private Standards Organizations And Public Law, Peter L. Strauss
William & Mary Bill of Rights Journal
Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
William & Mary Bill of Rights Journal
No abstract provided.
"Data, Views, Or Arguments": A Rumination, Michael Herz
"Data, Views, Or Arguments": A Rumination, Michael Herz
William & Mary Bill of Rights Journal
No abstract provided.
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
Seattle University Law Review
In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …
The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter Katzenstein
The Movement Of U.S. Criminal And Administrative Law: Processes Of Transplanting And Translating, Toby S. Goldbach, Benjamin Brake, Peter Katzenstein
Indiana Journal of Global Legal Studies
This article examines the transplanting and translating of law in the domains of criminal procedure and administrative law. The transnational movement of law is full of unexpected twists and turns that belie the notion of the United States as a legal behemoth. Furthermore, the movement of legal procedures which occurs both within and across countries with common and civil law legal traditions challenges preconceived notions of an orderly divide between legal families. While the spread of elements of the U.S. jury system and methods of plea bargaining reveals the powerful influence of U.S. legal ideas, the ways that these procedures …
Globalization, The Rule Of (Administrative) Law, And The Realization Of Democratic Governance In Africa: Realities, Challenges, And Prospects, Migai Akech
Indiana Journal of Global Legal Studies
This article reviews the impact of globalization on democracy in Africa. It sees globalization, which has largely taken the shape of neoliberalism, as leading to the development of a minimalist conception of democracy in African countries. Further, this article contends that administrative law norms, which are increasingly embraced in Constitutions and judicial decisions world over, can be useful instruments for deepening democracy in Africa. That is, the establishment and implementation of elaborate regimes of administrative law (containing principles, procedures, and remedies that circumscribe the exercise of both public and private power) can contribute to the realization of democratic governance in …