Law Commons^™

Administrative Dissents, Sharon B. Jacobs

William & Mary Law Review

Commissioners, like judges, dissent. They do so at length, with vigor, and with persistence. Yet while separate judicial decisions are the subject of a rich literature, their administrative counterparts have long languished in obscurity. A closer look is warranted, however, because studying administrative dissent can enhance our understanding of internal agency operations as well as the relationships between agencies and other actors. This Article presents the results of an original review of separate statements at the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission dating back four decades. It uses these findings to move beyond two common generalizations about …

The Administrative Constitution In Exile, Mila Sohoni

William & Mary Law Review

For decades, the aspiration of administrative law has been to develop legal structures that would constrain and legitimate the exercise of agency power. The fruition of that hope was the complex internal blueprint that has made modern administrative governance both successful and legitimate the framework for executive action that many have hailed as the administrative constitution. Today, however, novel exercises of administrative power are crowding out old and familiar varieties, making the conventional forms of administrative action less and less relevant to the conduct of government.

This Article examines how the administrative constitution has changed over time and how that …

Rules For Patents, Michael J. Burstein

William & Mary Law Review

There is widespread agreement that the patent system in the United States is in need of reform. Most of the proposals for patent reform that have proliferated in recent years share two common assumptions: first, that patent policy is best made through case-bycase adjudication of the validity of individual patents; and, second, that the existing allocation of authority over patent policy, in which the courts are primarily responsible for interpreting and applying the broad language of the Patent Act, ought not to be disturbed. This
Article challenges both assumptions. I approach the problem of patent reform primarily as a problem …

Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame

William & Mary Law Review

No abstract provided.

The Case For Strict Statutory Construction Of Mandatory Agency Deadlines Under Section 706(1), Catherine Zaller

William & Mary Law Review

No abstract provided.

Respecting Deference: Conceptualizing Skidmore Within The Architecture Of Chevron, Jim Rossi

William & Mary Law Review

This Article addresses critically the implications of the U.S. Supreme Court's recent decision in Christensen v. Harris County, 120 S. Ct. 1655 (2000), for standards of judicial review of agency interpretations of law. Christensen is a notable case in the administrative law area because it purports to clarify application of the deference doctrine first articulated in Skidmore v. Swift & Co., 323 U.S. 134 (1944). By reviving this doctrine, Christensen narrows application of the predominant approach to deference articulated in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), thus reducing the level of deference in …

Rethinking Patent Law In The Administrative State, Orin S. Kerr

William & Mary Law Review

This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.

Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah

William & Mary Law Review

No abstract provided.

Judicial Review And The Small Business Regulatory Enforcment Fairness Act: An Early Examination Of When And Where Judges Are Using Their Newly Granted Power Over Federal Regulatory Agencies, Jeffrey J. Polich

William & Mary Law Review

No abstract provided.

Crosscurrents In Anglo-American Administrative Law, Paul R. Verkuil

William & Mary Law Review

No abstract provided.

"Some Kind Of Hearing" In England, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.

Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins

William & Mary Law Review

No abstract provided.

Regulation Of Electric Utilities By The State Corporation Commission, Evans B. Brasfield

William & Mary Law Review

No abstract provided.

The Evolution Of The Virginia's State Corporation Commission, Preston C. Shannon

William & Mary Law Review

No abstract provided.

Economic Objectives Of Regulation - The Trend In Virginia, Michael J. Ileo, David C. Parcell

William & Mary Law Review

No abstract provided.

Financial Barriers To Public Participation In The Regulatory Process, Henry E. Howell Jr.

William & Mary Law Review

No abstract provided.

Ratemaking Issues In Virginia: Suggestions For Legislative Clarification, Andrew P. Miller, Henry M. Massie

William & Mary Law Review

No abstract provided.