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Administrative Law

2015

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Institution
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Articles 61 - 69 of 69

Full-Text Articles in Law

Should Agencies Enforce?, Max J. Minzner Jan 2015

Should Agencies Enforce?, Max J. Minzner

Faculty Scholarship

This Article explores an important but understudied structural choice: the decision to vest enforcement authority in administrative agencies. Each year, agencies routinely bring enforcement actions producing billions of dollars in civil penalties and industry-reshaping consent decrees. Where do they get this power? Congress grants enforcement authority to administrative agencies because it believes that agency subject matter expertise will generate appropriate enforcement choices. Similarly, the Supreme Court has strongly deferred to agency enforcement because it sees it as intimately intertwined with other agency regulatory decisions. Scholars have also generally taken for granted that specialist agencies will be enforcement experts because they …

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The Organizational Premises Of Administrative Law, William H. Simon Jan 2015

The Organizational Premises Of Administrative Law, William H. Simon

Faculty Scholarship

The core doctrines of administrative law have not taken account of developments in the theory and practice of organization. The contours of these doctrines were set in the mid-twentieth century when the Administrative Procedure Act (APA) was passed. Although these doctrines have evolved since then, administration itself has changed more. Many of the widely perceived deficiencies of the doctrines, including some associated with overregulation and others with underregulation, seem influenced by an anachronistic understanding of organization.

Much administrative law continues to understand public administration as bureaucracy. In particular, doctrine is strongly influenced by three premises. First, the backward-looking conception of …

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Dirty Debts Sold Dirt Cheap, Dalie Jimenez Dec 2014

Dirty Debts Sold Dirt Cheap, Dalie Jimenez

Dalie Jimenez

More than 77 million Americans have a debt in collections. Many of these debts will be sold to debt buyers for pennies, or fractions of pennies, on the dollar. This Article details the perilous path that debts travel as they move through the collection ecosystem. Using a unique dataset of 84 consumer debt purchase and sale agreement, it examines the manner in which debts are sold, oftentimes as simple data on a spreadsheet, devoid of any documentary evidence. It finds that in many contracts, sellers disclaim all warranties about the underlying debts sold or the information transferred. Sellers also sometimes …

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Dapa And The Future Of Immigration Law As Administrative Law, Jill Family Dec 2014

Dapa And The Future Of Immigration Law As Administrative Law, Jill Family

Jill E. Family

Immigration law is a type of administrative law, of course. In some ways, however, linking immigration law to administrative law is an awkward fit. As a branch of administrative law, immigration law is about the direct regulation of human beings. In immigration law, administrative law doctrines are applied to determine some of the most fundamental and basic human concerns: where an individual will live and work, and whether that individual will live with family or will be separated from a spouse and children. Also, while immigration law is a part of administrative law, at times the two can appear to …

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The Procedural Fortress Of Us Immigration Law, Jill Family Dec 2014

The Procedural Fortress Of Us Immigration Law, Jill Family

Jill E. Family

Immigrants face many obstacles. This paper reveals a less obvious one: the procedural system designed to adjudicate immigration removal cases. In the United States, the procedural system itself has become a barrier for immigrants. A structure intended to provide procedural safeguards for immigrants has instead become an obstruction. Instead of facilitating fair and efficient process, the system is dysfunctional. It is collapsing under its own weight and is unable to adjudicate consistently in a fair and competent manner. This failed procedural system is a barrier to immigration that needs to be fixed. The failure to fix it, despite longstanding and …

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Searching For Proportionality In U.S. Administrative Law, Jud Mathews Dec 2014

Searching For Proportionality In U.S. Administrative Law, Jud Mathews

Jud Mathews

There is no such thing as “proportionality review” in American administrative law, but instead, a number of doctrines that courts deploy to evaluate agency exercises of discretion. In some respects, these frameworks for review resemble proportionality in operation, but there are also notable differences. This essay surveys the doctrines governing judicial review of administrative discretion in the United States, highlighting three distinguishing features of the American approach. First, American judicial review is characterized by a high degree of unpredictability, not only with respect to outcomes, but often with respect to what framework of review is applicable. Second, while classical proportionality …

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Controles De Câmbio No Brasil: Teoria E Prática, Bruno Meyerhof Salama Dec 2014

Controles De Câmbio No Brasil: Teoria E Prática, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Para abordar a regulação do mercado de câmbio sob a ótica do Direito Econômico, organizo este texto em duas partes. Na primeira, apresento um panorama geral sobre a regulação cambial no Brasil. Inicialmente abordo, de forma concisa, (a) o conceito de controle de câmbio; a seguir (b) trago notas sobre a história da regulação cambial no Brasil; e, adiante, (c) apresento uma discussão resumida acerca de dificuldades que se põem para o profissional do direito que se depara com questões jurídicas concretas na seara cambial. A segunda parte ilustra os problemas acima indicados apresentando duas contendas jurídicas recorrentes atinentes à …

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Patent Conflicts, Tejas N. Narechania Dec 2014

Patent Conflicts, Tejas N. Narechania

Tejas N. Narechania

Patent policy is typically thought to be the product of the Patent and Trademark Office, the Court of Appeals for the Federal Circuit, and, in some instances, the Supreme Court. This simple topography, however, understates the extent to which outsiders can shape the patent regime. Indeed, a variety of administrative actors influence patent policy through the exercise of their regulatory authority and administrative power.
This Article offers a novel description of the ways in which nonpatent agencies intervene into patent policy. In particular, it examines agency responses to conflicts between patent and other regulatory aims, uncovering a relative preference for …

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Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague Dec 2014

Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

Law Abiding Drones

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