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Articles 1 - 7 of 7
Full-Text Articles in Law
A Response To Professor Camp: The Importance Of Oversight, Leslie Book
A Response To Professor Camp: The Importance Of Oversight, Leslie Book
Working Paper Series
In past writings and in an upcoming article by Professor Bryan Camp, The Problem of Adversarial Process in the Administrative State, 83 IND. L. J. ### (2008), Professor Camp criticizes the procedural protections Congress added in the tax collection process, noting the limitations of adversary proceedings in the IRS’s tax collection process. In particular, Professor Camp strongly criticizes the collection due process (CDP) rights that were part of the landmark IRS Restructuring and Reform Act of 1998. Given the size of the tax gap, and likely increasing calls for the IRS to do a better job in reducing that tax …
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Working Paper Series
This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
Villanova Environmental Law Journal
No abstract provided.
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Villanova Environmental Law Journal
No abstract provided.
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Villanova Environmental Law Journal
No abstract provided.
Is Preemption Right For You - The Third Circuit Applies Preemption To A Misleading Drug Advertisement Claim In Pennsylvania Employee Benefit Trust Fund V. Zeneca, Inc., Diana Rabeh
Villanova Law Review
No abstract provided.
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Villanova Environmental Law Journal
No abstract provided.