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Articles 31 - 46 of 46
Full-Text Articles in Law
Complexity Theory, Adaptation, And Administrative Law, Donald Thomas Hornstein
Complexity Theory, Adaptation, And Administrative Law, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
On The Role Of Cost-Benefit Analysis In Environmental Law, Shi-Ling Hsu
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 …
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski
Faculty Publications
Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.
Reforming The Administrative Procedure Act: Democracy Index Rulemaking, David Fontana
Reforming The Administrative Procedure Act: Democracy Index Rulemaking, David Fontana
Fordham Law Review
No abstract provided.
Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers
Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
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 …
Prolegomenon To Any Future Administrative Law Course: Separation Of Powers And The Transcendental Deduction, Gary Lawson
Prolegomenon To Any Future Administrative Law Course: Separation Of Powers And The Transcendental Deduction, Gary Lawson
Saint Louis University Law Journal
No abstract provided.
Shortness Of Vision: Regulatory Ambition In The Digital Age, Susan P. Crawford
Shortness Of Vision: Regulatory Ambition In The Digital Age, Susan P. Crawford
Fordham Law Review
No abstract provided.
Broadcast Indecency Regulation In The Era Of The "Wardrobe Malfunction": Has The Fcc Grown Too Big For Its Britches?, Brian J. Rooder
Broadcast Indecency Regulation In The Era Of The "Wardrobe Malfunction": Has The Fcc Grown Too Big For Its Britches?, Brian J. Rooder
Fordham Law Review
No abstract provided.
Charitable Accountability And Reform In Nineteenth Century England: The Case Of The Charity Commission, James J. Fishman
Charitable Accountability And Reform In Nineteenth Century England: The Case Of The Charity Commission, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
Why is it so difficult to carry out effective institutional change? Why did the principle of charitable accountability, a nearly unanimously supported ideal, ring so hollow in practice? This Article offers hypotheses about the difficulties of administrative reform, through the prism of the nineteenth century, which may apply to contemporary issues of charitable accountability.
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron Perzanowski
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron Perzanowski
Articles
Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.
The (Non)Uniqueness Of Environmental Law, Jay D. Wexler
The (Non)Uniqueness Of Environmental Law, Jay D. Wexler
Faculty Scholarship
In everyday discourse, the label "environmental law" signifies a distinct and unique area of the law. The uniqueness of environmental law stems most obviously from the subject matter of environmental legislation and regulation. But does environmental law also differ from other areas of law with respect to how judges ought to approach deciding cases? Should judges act differently somehow when they are deciding an environmental law case as opposed to, for example, a labor law or banking law case? At least one influential scholar - Richard Lazarus of the Georgetown University Law Center - has argued that the distinctive features …
Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman
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.
The Road To Internment: Special Registration And Other Human Rights Violations Of Arabs And Muslims In The United States, Ty Twibell
Ty Twibell
Njc Deskbook On Evidence For Administrative Law Judges, Chris Mcneil
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.
The Opacity Of Transparency, Mark Fenster
The Opacity Of Transparency, Mark Fenster
Mark Fenster
Consensus-Building In Administrative Law: The Revival Of The Administrative Conference Of The U.S., Jeffrey Lubbers