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Selected Works

Administrative Law

2005

Articles 1 - 11 of 11

Full-Text Articles in Law

Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons Nov 2005

Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons

Daniel Lyons

No abstract provided.

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The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn Nov 2005

The Indignity Of Federal Wildlife Habitat Law, Jamison E. Colburn

Jamison E. Colburn

In this article, I argue that the agencies charged under federal law with the protection of wildlife populations are, to a fault, too rational, too deliberate, too sequential in operation, and too focused on putting various tracts of federal realty on highly protective pedestals. My overall critique is that our administrative system's commitments to rationality and public participation per se render it an ineffective means to the end of wildlife habitat protection. Conservation biologists have agreed time and again how important continuous adaptation is to success in this field and how necessary it is to keep all high stakes judgments …

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Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman May 2005

Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman

Stephen D Sugarman

Instead of "command and control" regulation, and instead of litigation, let's try "performance-based regulation" as a way to force enterprises that are responsible for our obesity and smoking problems to solve them.

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In Wake Of Deadly Tsunami Comes Dangerous Litigation, Daniel Lyons Mar 2005

In Wake Of Deadly Tsunami Comes Dangerous Litigation, Daniel Lyons

Daniel Lyons

No abstract provided.

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Ancillary Issues Concerning Agency Explanations, Harold Krent Jan 2005

Ancillary Issues Concerning Agency Explanations, Harold Krent

Harold J. Krent

No abstract provided.

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On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu Jan 2005

On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu

Shi-Ling Hsu

Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Lisa Heinzerling and Frank Ackerman have co-authored a book that captures most of the arguments from the detractor side, and have done so skillfully and powerfully. However, this review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory of …

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Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman Dec 2004

Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman

Stephen D Sugarman

How we might attack childhood obesity through performance based regulation, requiring food and beverage companies to solve the problem they have created.

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The Road To Internment: Special Registration And Other Human Rights Violations Of Arabs And Muslims In The United States, Ty Twibell Dec 2004

The Road To Internment: Special Registration And Other Human Rights Violations Of Arabs And Muslims In The United States, Ty Twibell

Ty Twibell

Recent and continuing rights abuses of Arabs and Muslims including detainment, deportation, torture, harassment, discrimination, limited internment and other types of human rights abuses along with Special Registration, since September 11th, have been massive and are sensational in U.S. history; it rivals in scale to past major government actions, including the Japanese internment and Palmer raids. Like the Japanese internment until after the war, there is little or no discussion of these rights abuses in the main stream or corporate media. It has stemmed from both de facto and de jure profiling of primarily the immigrant population for Arabs and …

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Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil Dec 2004

Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

Provides summaries of frequently-encountered evidence rules, with checklists for ALJs and others working in administrative adjudications.

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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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Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers Dec 2004

Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers

Jeffrey Lubbers

Introduction: In President Bush's first press conference after the bitter 2004 election, he remarked:"With the campaign over,Americans are expecting a bipartisan effort and results." l He also commented that," [O]ne of the disappointments of being here in Washington is how bitter this town can become and how divisive. I'm not blaming one party or the other. It's just the reality of Washington, D.C ... It also makes it difficult to govern at times."2 The President actually took a first step to promoting bipartisanship and reducing bitterness in Washington a few days before the election on October 30, 2004, by signing …

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