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Articles 1 - 17 of 17
Full-Text Articles in Law
Administrative Law: The U.S. And Beyond, Cary Coglianese
Administrative Law: The U.S. And Beyond, Cary Coglianese
All Faculty Scholarship
Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S. administrative …
Procedural Triage, Matthew J.B. Lawrence
Procedural Triage, Matthew J.B. Lawrence
Faculty Scholarly Works
Prior scholarship has assumed that the inherent value of a “day in court” is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a “day in court” can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
Procedural Triage, Matthew B. Lawrence
Procedural Triage, Matthew B. Lawrence
Faculty Articles
Prior scholarship has assumed that the inherent value of a “day in court” is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a “day in court” can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law: Review Of A Century, David Frohnmayer
Administrative Law: Review Of A Century, David Frohnmayer
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Temporary Accidents?, M. Elizabeth Magill
Temporary Accidents?, M. Elizabeth Magill
Michigan Law Review
In Part I of this Review, I will summarize Croley's book, focusing on his powerful critique of public choice theory and the alternative account that he develops and defends. Part II assesses the book, arguing that Croley is successful in demonstrating agency autonomy but less successful in showing that either administrator motivations or the administrative process tend to make agencies regulate in welfare-enhancing ways. As is often the case, the critique is more powerful than the construction of the alternative account. Even so, Croley's book should alter debates over the possibility of good government by placing the agency and how …
Presidents And Process: A Comparison Of The Regulatory Process Under The Clinton And Bush (43) Administrations, Stuart Shapiro
Presidents And Process: A Comparison Of The Regulatory Process Under The Clinton And Bush (43) Administrations, Stuart Shapiro
Stuart Shapiro
Do procedural controls placed on the regulatory process allow politicians to control bureaucratic decisionmaking? I use data on the regulatory process under the Clinton and Bush Administrations to assess the differences between these presidents with distinct ideological regulatory agendas. I find that the number of comments received, the changes made between proposal and finalization of rules, the frequency with which agencies bypass notice and comment, the frequency of use of different regulatory analyses, and the time to complete a rulemaking did not vary substantially between the two presidencies. This raises questions about the role of procedural controls on agency decisionmaking.
Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos
Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos
Scholarly Works
This Article discusses Florida’s 1995 Property Rights Act, which grants to private property owners an alternative cause of action, outside of takings law, when they are permanently denied reasonable use of their land by regulatory actions. The Act also grants alternative procedures for property owners, outside of the judicial and administrative process. Thus, the Act does not change Florida takings law nor does it alter the substance of Florida's sometimes controversial growth management laws.
This article reviews the political climate that made passage of the Act possible and places the property rights initiative in the historical context of populist politics. …
Informal Agency Actions And U.S. Administrative Law -- Informal Procedure In A Global Era, Alfred C. Aman
Informal Agency Actions And U.S. Administrative Law -- Informal Procedure In A Global Era, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg
Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
Reviving Participant Compensation, Carl W. Tobias
Reviving Participant Compensation, Carl W. Tobias
Law Faculty Publications
Over the last quarter century, Congress has clearly recognized the importance of expanding public participation in federal administrative agency proceedings. It has expressly required that many agencies solicit citizen input and facilitate active public involvement in administrative processes while commanding governmental officials to consider thoroughly in their decisionmaking the views of all interests that might be affected. Congress has attempted to develop some mechanisms for promoting increased citizen participation in agency processes, but the legislative branch has been relatively unsuccessful in actually enhancing public involvement. Because citizen participants, such as public interest groups or individual consumers, have comparatively few resources …
Legislative Formality, Administrative Rationality, Harold H. Bruff
Legislative Formality, Administrative Rationality, Harold H. Bruff
Publications
No abstract provided.
The Clean Air Act And Mineral Development, Paul D. Phillips
The Clean Air Act And Mineral Development, Paul D. Phillips
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
16 pages (includes charts, maps, and illustrations).
Contains 3 pages of references.
Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation, Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
Instructors for this conference included University …
Florida's Adherence To The Doctrine Of Nondelegation Of Legislative Power, Carl J. Peckinpaugh, Jr.
Florida's Adherence To The Doctrine Of Nondelegation Of Legislative Power, Carl J. Peckinpaugh, Jr.
Florida State University Law Review
No abstract provided.
Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger
Removal Of Judicial Functions From Federal Trade Commission To A Trade Court: A Reply To Mr. Kintner, Raoul Berger
Michigan Law Review
Not long ago, Attorney General Rogers stated that, "The entire field of administrative law and of Government regulation may require a searching re-examination of some of the premises on which we have based our conclusions." What lifts this utterance to the level of "man bites dog" is that the Attorney General almost alone among federal administrators does not insist that the administrative process, in major outline, is forever frozen. The orthodox administrative view is exemplified by Mr. Earl W. Kintner's (formerly General Counsel and now Chairman of the Federal Trade Commission) numerous strictures upon the American Bar Association proposal that …
Administrative Law-Exhaustion Of Administrative Remedies As A Prerequisite To Judicial Review-Discretionary Treatment By Federal Courts, James E. Dunlap S.Ed.
Administrative Law-Exhaustion Of Administrative Remedies As A Prerequisite To Judicial Review-Discretionary Treatment By Federal Courts, James E. Dunlap S.Ed.
Michigan Law Review
The recent Supreme Court decision in Levers v. Anderson held that the rule that one must exhaust his administrative remedies before he is entitled to judicial review does not operate automatically so as to preclude judicial relief when such relief has been expressly permitted by statute. Stated in this way, it is difficult to see how one could reach a different conclusion. Nevertheless, it is believed that this decision, which resulted in a reversal of a circuit court's judgment, did much to remove certain confusion in this field.