Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Georgia School of Law (35)
- Pepperdine University (20)
- Fordham Law School (14)
- Seattle University School of Law (10)
- University of Michigan Law School (8)
-
- West Virginia University (8)
- University of Maryland Francis King Carey School of Law (7)
- Washington and Lee University School of Law (7)
- Maurer School of Law: Indiana University (5)
- Hamline University (4)
- Notre Dame Law School (3)
- The Catholic University of America, Columbus School of Law (3)
- UIC School of Law (3)
- University of Montana (3)
- University of Richmond (3)
- American University Washington College of Law (2)
- Florida State University College of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- Universitas Indonesia (2)
- University at Buffalo School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Barry University School of Law (1)
- Brigham Young University Law School (1)
- Mercer University School of Law (1)
- Northwestern Pritzker School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Keyword
-
- Administrative law (27)
- Chevron (16)
- Regulation (11)
- Deference (10)
- Administrative Procedure Act (8)
-
- APA (7)
- ALJ (6)
- EPA (6)
- Finance (6)
- Skidmore (6)
- Agencies (5)
- Canada (5)
- Constitution (5)
- Constitutional law (5)
- Environmental law (5)
- Financial Law (5)
- Rulemaking (5)
- Securities and Exchange Commission (5)
- Administrative law judge (4)
- Due process (4)
- Enforcement (4)
- Environmental Protection Agency (4)
- Federal (4)
- Federal agencies (4)
- International Law (4)
- Regulatory Law (4)
- SEC (4)
- Administrative Law Judge (3)
- Administrative state (3)
- Burden of proof (3)
- Publication
-
- Georgia Journal of International & Comparative Law (31)
- Journal of the National Association of Administrative Law Judiciary (19)
- Fordham Law Review (14)
- Seattle University Law Review (9)
- West Virginia Law Review (8)
-
- Journal of Business & Technology Law (7)
- Georgia Law Review (4)
- Hamline Law Review (4)
- Indiana Journal of Global Legal Studies (4)
- Washington and Lee Journal of Energy, Climate, and the Environment (4)
- Notre Dame Law Review (3)
- Public Land & Resources Law Review (3)
- UIC Law Review (3)
- Washington and Lee Law Review (3)
- Buffalo Environmental Law Journal (2)
- Catholic University Law Review (2)
- Florida State University Law Review (2)
- Indonesia Law Review (2)
- Legislation and Policy Brief (2)
- Michigan Business & Entrepreneurial Law Review (2)
- Michigan Journal of Environmental & Administrative Law (2)
- Touro Law Review (2)
- Vanderbilt Law Review (2)
- Villanova Law Review (2)
- Washington Law Review (2)
- American Indian Law Journal (1)
- BYU Law Review (1)
- Barry Law Review (1)
- CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015) (1)
- Indiana Law Journal (1)
Articles 1 - 30 of 160
Full-Text Articles in Law
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci
Touro Law Review
No abstract provided.
The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky
Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky
Georgia Journal of International & Comparative Law
No abstract provided.
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
Georgia Journal of International & Comparative Law
No abstract provided.
The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies
Georgia Journal of International & Comparative Law
No abstract provided.
How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce
How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce
American Indian Law Journal
No abstract provided.
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink
The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink
Georgia Journal of International & Comparative Law
No abstract provided.
Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck
Georgia Journal of International & Comparative Law
No abstract provided.
Cost-Benefit Analysis, Ben Franklin, And The Supreme Court, Amy Sinden
Cost-Benefit Analysis, Ben Franklin, And The Supreme Court, Amy Sinden
UC Irvine Law Review
No abstract provided.
Widening The Lane: An Argument For Broader Interpretation Of Permissible Uses Under The Driver's Privacy Protection Act, Candace D. Berg
Widening The Lane: An Argument For Broader Interpretation Of Permissible Uses Under The Driver's Privacy Protection Act, Candace D. Berg
Notre Dame Law Review
This Note argues that the recent judicial interpretations of the DPPA by the Supreme Court and the Seventh Circuit have improperly limited the scope of permissible uses. The imposition of reasonableness limitations on disclosure, and the judicial analysis of disclosure to determine the exclusive predominant purpose, were novel judicial interpretations of a longstanding and established statute. Courts’ narrow interpretations of the permissible uses of the DPPA are contrary to the text of the statute and do not advance the statute’s central goals. The courts’ approaches are also likely to have significant practical effect contrary to general policy aims. Such changes …
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
West Virginia Law Review
No abstract provided.
The Fragmented Regulation Of Investment Advice: A Call For Harmonization, Christine Lazaro, Benjamin P. Edwards
The Fragmented Regulation Of Investment Advice: A Call For Harmonization, Christine Lazaro, Benjamin P. Edwards
Michigan Business & Entrepreneurial Law Review
Decades of short-term thinking and regulatory fixes created the bewilderingly complex statutory and regulatory structures governing the giving of personalized investment advice to retail customers. Although deeply flawed, the current systems remain entrenched because of the difficulties inherent in making radical alterations. Importantly, the current patchwork systems do not seem to serve retail customers particularly well. Retail customers tend to make predictable and costly mistakes in allocating their assets. Some of this occurs because many investors lack basic financial literacy. A recent study released by the staff of the Securities and Exchange Commission (the “Commission”) on financial literacy among investors …
Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami
Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami
Fordham Law Review
When a party files suit challenging the legitimacy of an agency’s interpretation of its governing statute, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. instructs courts to defer to the agency’s interpretation where (1) the court has found that Congress had not foreclosed the agency’s interpretation, and (2) the agency’s interpretation was a reasonable or permissible exercise of its authority. However, sometimes Congress enacts statutes delegating authority over a given regulatory space to more than one agency. When two agencies have shared authority under the same regulatory scheme, those agencies may disagree regarding the interpretation of certain provisions that …
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
West Virginia Law Review
No abstract provided.
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell, Erin G. Watstein
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell, Erin G. Watstein
Mercer Law Review
This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2013 through May 31, 2014 in which principles of administrative law were a central focus of the case. The Article begins with a discussion of cases on exhaustion of administrative remedies, followed by a series of cases discussing statutory construction. The next topic discussed will be the standard of review of an agency decision, with a review of sovereign immunity cases to follow, and the Article concludes with a brief review of enactments from the 2014 regular session of the Georgia General …
A Bridge To Nowhere: Exposing Competition And Pricing Regulations That Lead To Mismanagement And Waste In Government Contracting, Jim R. Moye
Villanova Law Review
No abstract provided.
Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief
The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke
Georgia Journal of International & Comparative Law
No abstract provided.
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Michigan Law Review First Impressions
The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether …
Parting The Chevron Sea: An Argument For Chevron's Greater Applicability To Cabinet Than Independent Agencies, Andrew T. Bond
Parting The Chevron Sea: An Argument For Chevron's Greater Applicability To Cabinet Than Independent Agencies, Andrew T. Bond
Notre Dame Law Review
This Note argues that cabinet agencies are better suited to receive Chevron deference than independent agencies because voters should desire such policy decisions to be made by those closest to electoral accountability, rather than unelected Article III judges with life-tenure. In other words, the judiciary should accept the countermajoritarian difficulty as fundamentally true and review cabinet agency decisions in light of Chevron deference. Part I examines the revolutionary decision of Chevron and its aftermath. Central to Part I is an inquiry into whether Chevron should be applied on a case-by-case or across-the-board basis, and whether Chevron has usurped the judiciary’s …
Administrative Law, John Paul Jones, John R. Mohrmann
Administrative Law, John Paul Jones, John R. Mohrmann
University of Richmond Law Review
This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.
Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Fordham Law Review
No abstract provided.
Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney
Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney
Fordham Law Review
No abstract provided.
The Three Phases Of Mead, Kristin E. Hickman
Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett
Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett
Fordham Law Review
No abstract provided.
Federalism At Step Zero, Miriam Seifter
Chevron’S Generality Principles, Emily Hammond
Chevron’S Generality Principles, Emily Hammond
Fordham Law Review
No abstract provided.
Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane
Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane
Fordham Law Review
No abstract provided.