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Articles 1 - 4 of 4

Full-Text Articles in Law

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival Nov 2009

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival

Robert Percival

No abstract provided.


Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick Jan 2009

Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick

University of Richmond Law Review

No abstract provided.


The Odyssey Of Palazzolo: Public Rights Litigation And Coastal Change, Laura J. Hatcher, Ph.D. Jan 2009

The Odyssey Of Palazzolo: Public Rights Litigation And Coastal Change, Laura J. Hatcher, Ph.D.

Fordham Urban Law Journal

The question of whether the state has the right to “take” (in the form of regulation) land in its coastal zones is a much more complex question that the courts, to date, have not been able to manage adequately. The problems faced along the coasts are difficult problems, and will likely not be settled by asking judges to determine the “rightness” of claims made through an adversarial process that tends to oversimplify situations in the process of constructing winnable legal arguments. Nor can we rely simply on administrative agencies or legislatures to protect the rights of individuals or protect them …


Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison Dec 2008

Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison

Jennifer Allison

This paper outlines the historical exertion of presidential control over the regulatory affairs of federal agencies. It first examines the historical understanding of the constitutionality of examining such control. Then, it describes the two main methods that modern Presidents use to exercise such control: presidential directives and presidential regulatory approval regimes. Finally, it discusses how this has manifested itself during the early days of the Obama administration, exploring the regulatory effects of President Obama's executive order that directed agencies to expand funding programs for research using embryonic stem cells.