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Articles 61 - 90 of 203
Full-Text Articles in Administrative Law
A Road Paved With Good Intentions?: Ferc’S Illegal War On State Electricity Subsidies, Todd S. Aagaard, Andrew N. Kleit
A Road Paved With Good Intentions?: Ferc’S Illegal War On State Electricity Subsidies, Todd S. Aagaard, Andrew N. Kleit
Faculty Publications
Most initial reviews of FERC’s order have offered scathing criticism of its negative policy consequences. Our critique adds two perspectives not represented thus far in the reaction to FERC’s order. First, we explain how the FERC majority got to the point where it felt compelled to take action against state subsidies and why that judgment, although understandable in some respects, is misguided. FERC’s action follows logically from a flawed policy adopted by a Democratic-majority Commission in 2011. Second, we explain why FERC’s order fails to create a mechanism for a just and reasonable price and violates both the Administrative Procedure …
The Complexity Dilemma In Policy Market Design, Todd S. Aagaard, Andrew N. Kleit
The Complexity Dilemma In Policy Market Design, Todd S. Aagaard, Andrew N. Kleit
Faculty Publications
Regulators are increasingly pursuing their policy objectives by creating markets. To create a policy market, regulators require firms to procure a product that is socially useful but that confers little direct private benefit to the acquiring party. Examples of policy markets include pollutant emissions trading programs, renewable energy credit markets, and electricity capacity markets. Existing scholarship has tended to analyze policy markets simply as market-based regulation. Although not inaccurate, such inquiries are necessarily incomplete because they do not focus on the distinctive traits of policy markets. Policy markets are neither typical regulations nor typical markets. Concentrating on policy markets as …
A Prophecy Misread That Could Have Been: Regulatory Adjudications And A Weakening Of The Environmental Rights Amendment In Logan V. Department Of Environmental Protection, Alexander N. Palmer
A Prophecy Misread That Could Have Been: Regulatory Adjudications And A Weakening Of The Environmental Rights Amendment In Logan V. Department Of Environmental Protection, Alexander N. Palmer
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Standing Up For A Cleaner Town: How The Ehb's Broad Definition Of Standing In Friends Of Lackawanna V. Department Of Environmental Protection Expands Citizens' Appellate Rights, Zoey H. Lee
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Surrogate Science And Judicial Deference To Agency Findings: How The Ninth Circuit Keeps Exemptions For Bioenergy On Track In Helping Hand Tools V. Epa, Joshua Schmid
Villanova Environmental Law Journal (1991 - )
No abstract provided.
No Harm, No Foul: How The Ninth Circuit's Decision In Ground Zero Center For Non-Violent Action V. United States Department Of The Navy Essentially Weakens The Eis As An Enforcement Mechanism Of Nepa, Kathryn T. Siegeltuch
No Harm, No Foul: How The Ninth Circuit's Decision In Ground Zero Center For Non-Violent Action V. United States Department Of The Navy Essentially Weakens The Eis As An Enforcement Mechanism Of Nepa, Kathryn T. Siegeltuch
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Agencies, Courts, First Principles, And The Rule Of Law, Todd S. Aagaard
Agencies, Courts, First Principles, And The Rule Of Law, Todd S. Aagaard
Faculty Publications
An inherent tension exists between the roles of agencies and courts in administrative enforcement cases. Those cases are initiated by agencies to enforce the statutes and regulations they administer but are then subject to judicial review by courts. Agencies tend to focus on creating and then implementing administrative enforcement systems that produce consistent results pursuant to the agency’s bureaucratic processes and informed by the agency’s expertise. In reviewing such decisions, by contrast, courts tend to focus on ensuring that the agency’s administrative system comports with fundamental legal principles. The two roles embody different goals: for agencies, rendering predictable and consistent …
Delta Constr. Co., Inc. V. Epa: Putting The Brakes On Challenges To Unfair Agency Regulation Of Greenhouse Gas Emissions And Fuel Economy In Light-Duty And Heavy-Duty Vehicles, Sabrina A. Peterman
Delta Constr. Co., Inc. V. Epa: Putting The Brakes On Challenges To Unfair Agency Regulation Of Greenhouse Gas Emissions And Fuel Economy In Light-Duty And Heavy-Duty Vehicles, Sabrina A. Peterman
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Sec In-House Tribunals: A Call For Reform, Drew Thornley, Justin Blount
Sec In-House Tribunals: A Call For Reform, Drew Thornley, Justin Blount
Villanova Law Review (1956 - )
No abstract provided.
Wetlands Jurisdictional Determinations Reviewable Under The Administrative Procedure Act In U.S. Army Corps Of Engineers V. Hawkes, Emily R. Paulus
Wetlands Jurisdictional Determinations Reviewable Under The Administrative Procedure Act In U.S. Army Corps Of Engineers V. Hawkes, Emily R. Paulus
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Bridge To Nowhere: Exposing Competition And Pricing Regulations That Lead To Mismanagement And Waste In Government Contracting, Jim R. Moye
Villanova Law Review (1956 - )
No abstract provided.
Dissecting The Heart Of Organ Allocation Policy: Evaluating The Eastern District Of Pennsylvania's Grant Of Life In Murnaghan V. U.S. Department Of Health And Human Services, Jocelyn Cooper
Villanova Law Review (1956 - )
No abstract provided.
"Sleeping With The Enemy?" On Government Lawyers And Their Role In Promoting Social Change: The Israeli Example, Itay Ravid
Faculty Publications
Among cause lawyers, it is common to characterize government lawyers in negative tones. Both in the United States and in Israel they are often perceived as the servants of the regime, providing it with legal tools to protect its policies. Therefore, government lawyers are often marked as obstacles for the promotion of social change—agents of the status quo rather than agents of change. This Note suggests a different approach. By analyzing the current literature on the role of government lawyers, this Note stresses not only the complexity of this role, but also its relative flexibility, which emerges from its unique …
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Working Paper Series
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
Bright-Line Rules And Inefficient Markets: The Third Circuit's 10b-5 Materiality Doctrine Is Ripe For Revision, Brian J. Boyle
Bright-Line Rules And Inefficient Markets: The Third Circuit's 10b-5 Materiality Doctrine Is Ripe For Revision, Brian J. Boyle
Villanova Law Review (1956 - )
No abstract provided.
Providing Another Leg To Stand On - A Question Of The Zone Of Interests In Challenging Agency Decision-Making Under The Air Pollution Control Act, Bill Welkowitz
Villanova Environmental Law Journal (1991 - )
No abstract provided.
What Has Love Got To Do With It?: Sentimental Attachments And Legal Decision-Making, David Markell, Tom Tyler, Sarah Brosnan
What Has Love Got To Do With It?: Sentimental Attachments And Legal Decision-Making, David Markell, Tom Tyler, Sarah Brosnan
Villanova Law Review (1956 - )
No abstract provided.
Asylum Rights And Wrongs: What The Proposed Refugee Protection Act Will Do And What More Will Need To Be Done, Michele R. Pistone
Asylum Rights And Wrongs: What The Proposed Refugee Protection Act Will Do And What More Will Need To Be Done, Michele R. Pistone
Working Paper Series
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) added major new restrictions to U.S. asylum law. Several other laws passed in the wake of 9/11 produced additional restrictions. Various proposals to modify or even eliminate the changes made by IIRI¬RA and the post-9/11 laws have been introduced over the years; the Refu¬gee Protection Act of 2010 (RPA) is the most prominent recent example of these efforts. As this Article details, the RPA has much to commend within it, especially its proposed elimination of the one year deadline for asylum applications that was originally imposed by IIRIRA.
The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan
The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan
Working Paper Series
The question of the place of higher law in the ordinary practice of law is even now dogged by the brooding omnipresence caricature. This Article seeks to introduce and apply a philosophically defensible account of natural law, the one defended by Thomas Aquinas, to various problematics of contemporary law and jurisprudence. The Article argues that such higher law is not so high as to be relevant only to sexy constitutional questions, as is often supposed, but to everything we do in law. The Article argues that liberals and conservatives alike should acknowledge both the place of natural law in the …
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan
Working Paper Series
This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …
May Legislative History Be Considered At Chevron Step One: The Third Circuit Dances The Chevron Two-Step In United States V. Geiser, Melina Forte
Villanova Law Review (1956 - )
No abstract provided.
A Response To Professor Camp: The Importance Of Oversight, Leslie Book
A Response To Professor Camp: The Importance Of Oversight, Leslie Book
Working Paper Series
In past writings and in an upcoming article by Professor Bryan Camp, The Problem of Adversarial Process in the Administrative State, 83 IND. L. J. ### (2008), Professor Camp criticizes the procedural protections Congress added in the tax collection process, noting the limitations of adversary proceedings in the IRS’s tax collection process. In particular, Professor Camp strongly criticizes the collection due process (CDP) rights that were part of the landmark IRS Restructuring and Reform Act of 1998. Given the size of the tax gap, and likely increasing calls for the IRS to do a better job in reducing that tax …
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Working Paper Series
This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Is Preemption Right For You - The Third Circuit Applies Preemption To A Misleading Drug Advertisement Claim In Pennsylvania Employee Benefit Trust Fund V. Zeneca, Inc., Diana Rabeh
Villanova Law Review (1956 - )
No abstract provided.
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Knox V. United States Department Of Labor: The Potentially Risky Business Of Interpreting Asbestos Statutes, Jessica J. Suh
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia
Rag Cumberland V. Dep: An Agency's Volte-Face Statutory Interpretation - When Do Courts Stop Deferring And Start Judicial Interpretation, Dennis C. Lumia
Villanova Environmental Law Journal (1991 - )
No abstract provided.