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Full-Text Articles in Law

Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh Jun 2018

Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh

Robert B. Ahdieh

A central feature – if not the central feature – of legal scholarship today is analysis across divides.

It is surprising, then, how little has been written across the divide that separates administrative law and financial regulation. That is perhaps especially so, given the modest nature of the relevant divide: one that is intra- rather than interdisciplinary, one that operates within rather than across geographic boundaries, and one that involves no temporal dimension but operates entirely within current-day law.

For all the proximity in their interests, targets of study, and even analytical tools, however, scholars of administrative law and of …


Defending The Nlrb: Improving The Agency's Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch Jun 2018

Defending The Nlrb: Improving The Agency's Success In The Federal Courts Of Appeals, Jeffrey M. Hirsch

Jeffrey M. Hirsch

No abstract provided.


The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan Dec 2017

The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan

Donald J. Kochan

Whether you are a member of the resistance movement or a cheerleader for the new Trump Administration’s regulatory reform agenda, this Essay intends to engage your passion. (Of course, scholars, students, and agency officials should be interested too.) The notice and comment rulemaking process governing the creation of most regulations generated by federal agencies includes an obligation that agencies respond to public comments. This public participation requirement, with its “two way street” obligation to dialogue, is a critical check on agency power. The laws in this area are ones about which anyone interested in regulation should know more. Describing general …