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Articles 61 - 90 of 90
Full-Text Articles in Law
Law And Incommensurability: Introduction, Matthew D. Adler
Law And Incommensurability: Introduction, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Faculty Scholarship
Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …
Regulatory Cooperation Between The European Commission And U.S. Administrative Agencies, George Bermann
Regulatory Cooperation Between The European Commission And U.S. Administrative Agencies, George Bermann
Faculty Scholarship
This Article examines the policies and practices of the European Commission toward various forms of bilateral regulatory cooperation with administrative agencies of the United States. To place this Article's findings in a proper perspective, it is essential to understand both (A) the selection of the European Community (E.C.) as an appropriate overseas regulatory jurisdiction for such cooperation and (B) the reasons for focusing on the European Commission among the various E.C. institutions. Those questions are taken up in this Introduction. Part I describes in some detail the organization and functioning of the Commission. Part II – the core of this …
Administrative Agencies, Joseph Vining
Administrative Agencies, Joseph Vining
Book Chapters
Administrative agencies, often called the ‘‘fourth branch,’’ are entities of government that make decisions within particular substantive fields. Although these fields range over the full spectrum of public concern, the specificity of agencies’ focus distinguishes them from other decision making entities in the constitutional structure—the judiciary, the presidency, the Congress, indeed the individual citizen—each of which can be taken to have a scope of interest as broad as imagination will allow.
Legal Process And Judges In The Real World, Peter L. Strauss
Legal Process And Judges In The Real World, Peter L. Strauss
Faculty Scholarship
It is gratifying, reading through a paper and noting here and there points that you might like to make, to find that by the end the author has anticipated them and made them well. This paper sneaks up on you. If at the outset it seems to be accepting that Justice Scalia has a jurisprudence of statutory interpretation that coheres and restrains, by the end it has shown the self-contradictions and decidedly political and institutional stakes in the textualist position the Justice appears to have been carving out for himself.
I am not going to address Professor Zeppos's account of …
Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast
Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Publications
No abstract provided.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle
The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Interstate Water Compacts, John A. Carver
Interstate Water Compacts, John A. Carver
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
33 pages.
Contains references.
Of Public Funds And Public Participation: Resolving The Issue Of Agency Authority To Reimburse Public Participants In Administrative Proceedings, Carl W. Tobias
Of Public Funds And Public Participation: Resolving The Issue Of Agency Authority To Reimburse Public Participants In Administrative Proceedings, Carl W. Tobias
Law Faculty Publications
A number of federal agencies have recently relied upon implied power to reimburse expenses incurred by public participants in administrative proceedings. When the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) attempted to exercise this authority, their efforts were challenged by parties who, relying on a purportedly controlling decision of the Second Circuit, contended that participant funding was an impermissible exercise of administrative power. The USDA initiative was upheld in district court, but the FDA program was invalidated by a divided Fourth Circuit panel.
The dispute over agency reimbursement has not been confined to the …
Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock
Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Publications
No abstract provided.
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff
Publications
No abstract provided.
Discovery In Agency Adjudication, Edward A. Tomlinson
Discovery In Agency Adjudication, Edward A. Tomlinson
Faculty Scholarship
No abstract provided.
Book Review. Jaffe, L.L., Judicial Control Of Administrative Action, Ralph F. Fuchs
Book Review. Jaffe, L.L., Judicial Control Of Administrative Action, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Agency Development Of Policy Through Rule-Making, Ralph F. Fuchs
Agency Development Of Policy Through Rule-Making, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Public Regulation And Private Rights Of Action, Robert M. O'Neil
Public Regulation And Private Rights Of Action, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
The Distinction Between A Rule And An Order In The Administrative Procedure Act, Ivan C. Rutledge
The Distinction Between A Rule And An Order In The Administrative Procedure Act, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Some Aspects And Implications Of The Report Of The Attorney General's Committee On Administrative Procedure, Ralph F. Fuchs
Some Aspects And Implications Of The Report Of The Attorney General's Committee On Administrative Procedure, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
An Approach To Administrative Law, Ralph F. Fuchs
An Approach To Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Landis, J.M., The Administrative Process, Ralph F. Fuchs
Book Review. Landis, J.M., The Administrative Process, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs
Book Review. Sears, K.C., Cases And Materials On Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Formulation And Review Of Regulations Under The Food, Drug, And Cosmetic Act, Ralph F. Fuchs
The Formulation And Review Of Regulations Under The Food, Drug, And Cosmetic Act, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Stason, E.B., The Law Of Administrative Tribunals: A Collection Of Judicial Decisions, Statutes, Administrative Rules And Orders And Other Materials For Use In Courses On Administrative Law, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. The President's Committee On Administrative Management: Report Of The Committee With Studies Of Administrative Management In The Federal Government, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Procedure In Administrative Rule-Making, Ralph F. Fuchs
Procedure In Administrative Rule-Making, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Current Proposals For The Reorganization Of The Federal Regulatory Agencies, Ralph F. Fuchs
Current Proposals For The Reorganization Of The Federal Regulatory Agencies, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. The March Of The Bureaus, Ralph F. Fuchs
Book Review. The March Of The Bureaus, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Dickinson, John, Administrative Justice And The Supremacy Of Law In The United States, Ralph F. Fuchs
Book Review. Dickinson, John, Administrative Justice And The Supremacy Of Law In The United States, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.