Administrative Law Commons^™

Jurisdiction To Review Agency Inaction Under Federal Environmental Law, Daniel P. Selmi

Indiana Law Journal

No abstract provided.

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman

Indiana Journal of Global Legal Studies

Dean Alfred Aman 's article addresses recent U.S.

administrations' attempts at regulatory reform and notes that as far

as the actual reforms are concerned, there are more similarities

over time than differences. The globalization of politics and

markets and manufacturing, in particular, has helped create global

political economic forces that militate in favor of various forms of

deregulation and privatization not only in the United States, but in

other western democracies as well. Dean Aman focuses on the

United States, noting that globalization has reduced the effectiveness

of local and national regulators, especially since firms are

increasinglyf ree to choose …

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.

Law And Administrative Discretion, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Sir David Williams originally presented this paper as the

inaugural lecturer for the Ralph F. Fuchs lecture series at the

Indiana University School of Law on April 15, 1993. Professor

Fuchs was a faculty member of the Indiana University School of

Law from 1945 until his death in 1985. He was an important

contributor to the drafting of the Administrative Procedure Act of

1946, president of the Indiana Civil Liberties Union, an active

participant in the National Association for the Advancement of

Colored People, a leader of the American Association of University

Professors, and a fighter for free speech and …

Some Effects Of European Law On English Administrative Law, Yvonne Cripps

Indiana Journal of Global Legal Studies

In this article, Dr. Cripps discusses how European law has

affected English law in recent decades, particularly with regard to

the constitutional supremacy enjoyed by the English legislative

branch. She notes the reception by English judges of concepts of

legitimate expectation and proportionality previously recognized in

some European Community nations. Dr. Cripps predicts that the

English bench will be increasingly willing to take European law

into account in their decisionmaking.

Informal Agency Actions And U.S. Administrative Law -- Informal Procedure In A Global Era, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain

Articles by Maurer Faculty

No abstract provided.

Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz

Articles by Maurer Faculty

No abstract provided.

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …

Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman

Articles by Maurer Faculty

This paper will take a contextual approach to American administrative law. It will examine the historic context and the legal significance of certain administrative law doctrines and approaches. In so doing, it will examine three distinct eras of administrative law: (1) the New Deal-A.PA., which I date from 1929 to 1959; (2) the environmental era which I date from 1960 to 1980; and (3) the global era of administrative law, whose beginnings I somewhat arbitrarily mark as 1980. This takes us to the present and the foreseeable future.' I do not mean to imply that these eras are so distinct …

Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann

Indiana Law Journal

No abstract provided.

Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

The Constitution As Architecture: A Charette, Larry Kramer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver

Indiana Law Journal

No abstract provided.

"Success" And The Judicial Power, Frank H. Easterbrook

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

Article Iii Courts And The Constitutional Structure, David A. Strauss

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Statutes Limiting Mental Health Professional's Liability For The Violent Acts Of Their Patients, Michael R. Geske

Indiana Law Journal

No abstract provided.

Bargaining For Justice: An Examination Of The Use And Limits Of Conditions By The Federal Reserve Board, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen

Indiana Law Journal

No abstract provided.

Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The Social Security Administration's Policy Of Nonacquiescence, Angela M. Johnson

Indiana Law Journal

No abstract provided.

Private Exercise Of Governmental Power, David M. Lawrence

Indiana Law Journal

No abstract provided.

A Nonregulatory Challenge, A. James Barnes

Articles by Maurer Faculty

No abstract provided.

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

For more than a half-century, the Federal Energy Regulatory Commission (FERC or Commission) and its predecessor, the Federal Power Commission (FPC), regulated hydroelectric development of the nation's rivers under the Federal Power Act (FPA) with little interference by Congress.' However, increasing criticism of the FERC has reawakened congressional interest in hydropower regulation.2 Congress recently considered a number of proposals to amend the FPA.8 Of these, seven related directly to a controversy born in the 1970s between public and private power:4 the issue of preference in competitive FERC relicensing proceedings.

Section 7(a) of the Federal Power Act directs the FERC to …

Industry Self-Regulation And The Useless Concept "Group Boycott", Robert Heidt

Articles by Maurer Faculty

No abstract provided.

Reviving The Federal Power Act's Comprehensive Plan Requirement: A History Of Neglect And Prospects For The Future, Daniel H. Cole

Articles by Maurer Faculty

In 1920, Congress enacted the Federal Power Act (FPA) to secure inexpensive and widely available power through federal licensing of private hydroelectric development in accordance with a "comprehensive plan." The Federal Power Commission (FPC) was charged with administering the statute and undertook its planning obligations with diligence, preparing plans for at least two river basins. However, chronic manpower and resource deficiencies soon led the FPC to neglect Congress' planning directive. No comprehensive plans have been produced since 1930, either by the FPC or its successor, the Federal Energy Regulatory Commission (FERC). This failure to plan, combined with the avalanche of …