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Administrative law

2014

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Articles 1 - 30 of 75

Full-Text Articles in Law

Getting From Here To There, Cynthia Farina Dec 2014

Getting From Here To There, Cynthia Farina

Cynthia R. Farina

No abstract provided.


Comment On The Cfpb's Policy On No-Action Letters, David J. Reiss, K. Sabeel Rahman, Jeffrey Lederman Dec 2014

Comment On The Cfpb's Policy On No-Action Letters, David J. Reiss, K. Sabeel Rahman, Jeffrey Lederman

David J Reiss

This is a comment on the Consumer Financial Protection Bureau’s (the “Bureau”) proposed Policy on No-Action Letters (the “Policy”). The Policy is a step in the right direction, but a more robust Policy could better help the Bureau achieve its statutory purposes.

The Bureau recognizes that there are situations in which consumer financial service businesses (“Businesses”) are uncertain as to the applicability of laws and rules related to new financial products (“Products”); how regulatory provisions might be applied to their Products; and what potential enforcement actions could be brought against them by regulatory agencies for noncompliance. Businesses could therefore benefit …


Renewable Energy Through Agency Action, Amy L. Stein Dec 2014

Renewable Energy Through Agency Action, Amy L. Stein

Amy L. Stein

Despite the many societal benefits associated with renewable energy, it is used to generate only about 5 percent of our nation's electricity needs. The bulk of governmental efforts to rectify this situation have disproportionately impacted private actors. This Article argues that the federal government should expand its efforts to more fully capture the gains that can be achieved by targeting both private and public actors, particularly federal agencies. Federal agencies have enormous purchasing power that can be channeled toward using electricity and fuels derived from renewable energy. Federal agencies are some of the largest consumers of electricity. Federal agencies manage …


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 Dec 2014

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.


Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets, Jack M. Beermann Nov 2014

Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets, Jack M. Beermann

Shorter Faculty Works

When I saw the title of Robert Ahdieh’s recent article, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s), I thought, “oh no, not another article about CBA.” Knowing Professor Adhieh’s work, I took a flyer and read it anyway, and boy was I happy with my decision. This is a great article which should be of interest to anyone involved in administrative law, securities regulation and policy analysis more generally. Cost-benefit analysis has become an important regulatory tool, and Professor Adhieh’s article makes a valuable contribution to the literature on the special analysis required under Section 106 …


Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker Nov 2014

Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker

Fordham Law Review

No abstract provided.


The Three Phases Of Mead, Kristin E. Hickman Nov 2014

The Three Phases Of Mead, Kristin E. Hickman

Fordham Law Review

No abstract provided.


Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker Nov 2014

Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker

Fordham Law Review

No abstract provided.


Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann Nov 2014

Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann

Fordham Law Review

No abstract provided.


Chevron And Deference In State Administrative Law , Aaron J. Saiger Nov 2014

Chevron And Deference In State Administrative Law , Aaron J. Saiger

Fordham Law Review

No abstract provided.


Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett Nov 2014

Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett

Fordham Law Review

No abstract provided.


Federalism At Step Zero, Miriam Seifter Nov 2014

Federalism At Step Zero, Miriam Seifter

Fordham Law Review

No abstract provided.


Step Zero After City Of Arlington, Thomas W. Merrill Nov 2014

Step Zero After City Of Arlington, Thomas W. Merrill

Fordham Law Review

No abstract provided.


In Search Of Skidmore, Peter L. Strauss Nov 2014

In Search Of Skidmore, Peter L. Strauss

Fordham Law Review

No abstract provided.


Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane Nov 2014

Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane

Fordham Law Review

No abstract provided.


Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett Nov 2014

Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett

Scholarly Works

After nearly thirty years, the judicially crafted Chevron and Skidmore judicial-review doctrines have found new life as exotic, yet familiar, legislative tools. When Chevron deference applies, courts employ two steps: they consider whether the statutory provision at issue is ambiguous, and, if so, they defer to an administering agency’s reasonable interpretation. Skidmore deference, in contrast, is a less deferential regime in which courts assume interpretative primacy over statutory ambiguities but defer to agency action based on four factors — the agency’s thoroughness, reasoning, consistency, and overall persuasiveness. In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress directed courts …


Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney Nov 2014

Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney

Fordham Law Review

No abstract provided.


What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation , Abbe R. Gluck Nov 2014

What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation , Abbe R. Gluck

Fordham Law Review

No abstract provided.


Chevron’S Generality Principles, Emily Hammond Nov 2014

Chevron’S Generality Principles, Emily Hammond

Fordham Law Review

No abstract provided.


Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann Nov 2014

Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann

Faculty Scholarship

This article looks at how Chevron deference has fared at the Supreme Court since John G. Roberts became Chief Justice. The article looks at Chevron deference at the Roberts Court from three distinct angles. First, the voting records of individual Justices in cases citing Chevron are examined to shed light on the strength of each Justice’s commitment to deference to agency statutory construction. Second, a select sample of opinions citing Chevron are qualitatively examined to see whether the Roberts Court has been any more successful than its predecessor in constructing a coherent Chevron doctrine. Third, the article looks closely at …


Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker Oct 2014

Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker

Christopher J. Walker

This Foreword introduces a Fordham Law Review symposium held in March 2014 to mark the thirtieth anniversary of Chevron U.S.A. v. Natural Resources Defense Council. The most-cited administrative-law decision of all time, Chevron has sparked thirty years of scholarly discussion concerning what Chevron deference means, when (or even if) it should apply, and what impact it has had on the administrative state. Part I of the Foreword discusses the symposium contributions that address Chevron’s scope and application, especially in light of City of Arlington v. FCC. Part II introduces the contributions that explore empirically and theoretically Chevron’s impact outside of …


Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad Oct 2014

Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad Sep 2014

Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad

Washington and Lee Journal of Energy, Climate, and the Environment

In the substantial power outages associated with Hurricane Sandy and the 2013 Oklahoma tornadoes and Colorado floods, which left millions without power, the United States witnessed the insufficiency of its existing energy infrastructure. The lack of access to reliable energy widens the cleavage between the rich and poor, particularly in times of disaster and crisis. Policymakers and government regulators involved with long distance energy transmission projects have not adequately instituted laws and policies for existing and future energy access. This Article holds that current regulations, practices, and norms for long distance energy transmission may be doomed because of complications with …


Fracking Preemption Litigation, James K. Pickle Sep 2014

Fracking Preemption Litigation, James K. Pickle

Washington and Lee Journal of Energy, Climate, and the Environment

Fracking is not a new technology, but it only recently came to the forefront of energy industry news. Fracking’s recent fame has been both positive and negative. Fracking proponents have lauded the economic and environmental benefits of the process. They cite the process’ ability to extract formerly inaccessible oil and natural gas, which reduces the U.S.’s demand for foreign oil and natural gas and reduces the use of coal. In contrast, fracking opponents state fracking damages the environment by diluting drinking water with harmful chemicals, generating emissions, and creating general nuisances for communities. They believe fracking’s harmful impacts clearly outweigh …


Far From Fair, Farther From Efficient: The Ftc And The Hyper-Formalization Of Informal Rulemaking, Cooper J. Spinelli Aug 2014

Far From Fair, Farther From Efficient: The Ftc And The Hyper-Formalization Of Informal Rulemaking, Cooper J. Spinelli

Legislation and Policy Brief

Partially concerned with the proliferation of the “New Deal” agencies, Congress saw theAPAas a “compromise measure.” That is, Congress designed it to afford “uniformity and fairness in administrative procedures without at the same time unduly interfering with the efficient and economical operation of government.” Scholars and jurists from across the political spectrum have recognized that the notice-and-comment process allows for relative flexibility that can help “foster better government” by setting policy prospectively and expeditiously, thereby striking a reasonable balance between fairness and efficiency. In contrast to adjudicative measures, informal rulemaking can offer holistic treatment to market disorders—with considerable public input—without …


The Return Of The King: The Unsavory Origins Of Administrative Law, Gary S. Lawson Aug 2014

The Return Of The King: The Unsavory Origins Of Administrative Law, Gary S. Lawson

Faculty Scholarship

Philip Hamburger’s Is Administrative Law Unlawful? is a truly brilliant and important book. In a prodigious feat of scholarship, Professor Hamburger uncovers the British and civil law antecedents of modern American administrative law, showing that contemporary administrative law “is really just the most recent manifestation of a recurring problem.” That problem is the problem of power: its temptations, its dangers, and its tendency to corrupt. Administrative law, far from being a distinctive product of modernity, is thus the “contemporary expression of the old tendency toward absolute power – toward consolidated power outside and above the law.” It represents precisely the …


Book Review Of Simpler: The Future Of Government, By Cass Sunstein, Bernard W. Bell Aug 2014

Book Review Of Simpler: The Future Of Government, By Cass Sunstein, Bernard W. Bell

Journal of Legal Education

No abstract provided.


A Truly “Top Task”: Rulemaking And Its Accessibility On Agency Websites, Cary Coglianese Aug 2014

A Truly “Top Task”: Rulemaking And Its Accessibility On Agency Websites, Cary Coglianese

All Faculty Scholarship

Government websites provide an important location for public access and participation in the governmental process. However, despite a growing body of research on agency websites, researchers have so far ignored agency websites as a method of public contact over rulemaking. In this article, I report results from two systematic surveys conducted on regulatory agencies’ websites which reveal how much more agencies could do to improve public access to rulemaking. Agencies commonly succumb to pressures to organize their websites around their “top tasks”—but, regrettably, they too often define these key tasks in terms of the volume of user demand for information …


Foreign Hard Look Review, Ganesh Sitaraman Jul 2014

Foreign Hard Look Review, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

For decades, courts and scholars have been engaged in a protracted and largely polarized debate over a seemingly simple question: how should courts address cases that implicate foreign affairs? On the one hand are those who seek expansive deference to the Executive's conduct offoreign affairs. On the other are those who argue that the courts must enforce the rule of law in foreign affairs cases lest they abdicate their responsibility to keep the Executive in check This Article provides an alternative approach to the judicial role in foreign relations cases--one that navigates between judicial abdication and judicial entanglement. It argues …


Pepperdine University School Of Law Legal Summaries, Hsuan Li Jun 2014

Pepperdine University School Of Law Legal Summaries, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.