Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester
Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester
Scholarly Articles
Part I of this Article summarizes the relevant provisions of the Tucker Act, and examines courts' interpretations of whether a district court had jurisdiction over a claim when a potential judgment exceeded $10,000. This Article suggests that, over time, traditional Tucker Act jurisdiction has been distorted by the appearance of a new kind of plaintiff' seeking "structural reform" rather than the kinds of compensation envisioned by the Act. This Article also suggests that Tucker Act jurisdiction has been distorted by two congressional actions: the creation of the judgment fund; and amendments to the Administrative Procedure Act. These congressional actions could …
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Scholarly Articles
The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
Scholarly Articles
No abstract provided.
The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger
The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger
Scholarly Articles
I have served as Chairman of the Administrative Conference of the United States (ACUS) for a little more than six years. It has been both a fulfilling and a frustrating experience. The Conference has accomplished a great deal, yet it could do much more. I take this opportunity to review the role of the Conference in modern administrative law. In this article I wish to meet two goals. The first is to illustrate the role of the Administrative Conference-what it does, and how it does it. During my tenure, I have often used the chairmanship as a "bully pulpit" to …
Comments On Bernard Schwartz’ Essay, Marshall J. Breger
Comments On Bernard Schwartz’ Essay, Marshall J. Breger
Scholarly Articles
No abstract provided.
Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins
Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins
Scholarly Articles
No abstract provided.