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Administrative Law Commons™

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Washington and Lee University School of Law

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Articles 61 - 90 of 157

Full-Text Articles in Administrative Law

Grade Incomplete: Examining The Securities And Exchange Commission's Attempt To Implement Credit Rating And Certain Corporate Governance Reforms Of Dodd-Frank, Tod Perry, Randle B. Pollard Jan 2014

Grade Incomplete: Examining The Securities And Exchange Commission's Attempt To Implement Credit Rating And Certain Corporate Governance Reforms Of Dodd-Frank, Tod Perry, Randle B. Pollard

Scholarly Articles

Following the financial crisis of 2007-2009, Congress passed the Dodd-Frank Act with stated goals, among others, of creating a sound economic foundation and protecting consumers. The Dodd-Frank Act creates several new agencies and restructures the financial regulatory system, yet controversies remain on the promulgation of new rules and the overall effectiveness in accomplishing the stated goals of the Act.

This Article briefly discusses the status of rulemaking by newly created agencies and the restructured financial regulatory system mandated by the Dodd- Frank Act three years after its passage. Next, we focus on certain aspects of the SEC and its charge …


The Constitutionality Of The Epa's Enforcement Of Cercla: Big Business Challenges And A Small Business Problem, Scott Corley Jun 2011

The Constitutionality Of The Epa's Enforcement Of Cercla: Big Business Challenges And A Small Business Problem, Scott Corley

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

With the Deepwater Horizon oil drill disaster in 2010 and the disaster at Japan's Fukushima Dai-Ichi nuclear power plant in 2011, more attention has recently been focused on the government's role in responding to and recovering from environmental disasters. In the U.S., the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is one of the statutes that allows the EPA to respond to environmental pollution and the inappropriate disposal of hazardous wastes. Businesses have long claimed that CERCLA goes too far in the power it grants the EPA to order private parties to clean up hazardous waste sites, and this …


Confession Of Error By Administrative Agencies, Alexander L. Merritt Jun 2010

Confession Of Error By Administrative Agencies, Alexander L. Merritt

Washington and Lee Law Review

No abstract provided.


Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl Mar 2010

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl

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

No abstract provided.


Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard Sep 2009

Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard

Washington and Lee Law Review

No abstract provided.


Personal Liability As Administrative Law, David Zaring Jan 2009

Personal Liability As Administrative Law, David Zaring

Washington and Lee Law Review

Administrative Law has almost exclusively concerned itself with Lawsuits against agencies as collective entities, under the auspices of the Administrative Procedure Act. In light of the growing number and prominence ofsuits by war on terror plaintiffs against senior government officials, this Article considers the use ofpersonal liability to discipline government officials and assesses it as an alternative to traditional administrative Law. It compares the civil suits to criminal prosecutions of these officials and compares both of them to lessobviously Law related scandal campaigns. Personal sanctions--of which Bivens complaints are a principal example-are worth more attention. These mechanisms, and the constitutional …


Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster Sep 2008

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

Washington and Lee Law Review

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …


Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins Sep 2008

Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins

Washington and Lee Law Review

No abstract provided.


Just When I Thought I Was Out, They Pull Me Back In: Executive Power And The Novel Reclassification Authority, Luppe B. Luppen Jun 2007

Just When I Thought I Was Out, They Pull Me Back In: Executive Power And The Novel Reclassification Authority, Luppe B. Luppen

Washington and Lee Law Review

No abstract provided.


Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy Mar 2007

Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy

Washington and Lee Law Review

No abstract provided.


Examining Epact 2005: A Prospective Look At The Changing Regulatory Approach Of The Ferc, Heather Curlee Sep 2006

Examining Epact 2005: A Prospective Look At The Changing Regulatory Approach Of The Ferc, Heather Curlee

Washington and Lee Law Review

No abstract provided.


Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost Jan 2006

Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


The Epa's Hpv Challenge Program: A Tort Liability Trap? Jan 2005

The Epa's Hpv Challenge Program: A Tort Liability Trap?

Washington and Lee Law Review

No abstract provided.


Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance Mar 2004

Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance

Washington and Lee Law Review

No abstract provided.


Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost Jan 2004

Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost

Scholarly Articles

This symposium explores the complex relationship between health law and administrative law. It is based on the observation that these two fields of law are peculiarly intertwined. It attempts to understand why this is so, as well as whether it is necessary and whether it is desirable. Would we as a society, that is, be better off if health law were less permeated by administrative law? Even if we would be better off, is it indeed possible to extricate health law from administrative law? This essay begins by defining health law and administrative law. It then proceeds to describe the …


Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney Sep 2003

Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney

Washington and Lee Law Review

No abstract provided.


The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton Sep 2003

The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton

Washington and Lee Law Review

No abstract provided.


Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison Jan 2002

Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison

Scholarly Articles

None available.


The Proof Is In The Policy: The Bush Administration, Nonpoint Source Pollution, And Epa's Final Tmdl Rule, R. Bryant Mcculley Jan 2002

The Proof Is In The Policy: The Bush Administration, Nonpoint Source Pollution, And Epa's Final Tmdl Rule, R. Bryant Mcculley

Washington and Lee Law Review

No abstract provided.


Environmental Supra-Nationalism, Mark A. Drumbl Jan 2002

Environmental Supra-Nationalism, Mark A. Drumbl

Washington and Lee Law Review

No abstract provided.


Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza Mar 2000

Agency Adjudication, The Importance Of Facts, And The Limitations Of Labels, William D. Araiza

Washington and Lee Law Review

No abstract provided.


Civil Money Sanctions Barred By Double Jeopardy: Should The Supreme Court Reject Healy?, Debra Marie Ingraham Jun 1997

Civil Money Sanctions Barred By Double Jeopardy: Should The Supreme Court Reject Healy?, Debra Marie Ingraham

Washington and Lee Law Review

No abstract provided.


Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford C. Mank Sep 1996

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford C. Mank

Washington and Lee Law Review

No abstract provided.


Noaa's New Natural Resource Damage Assessment Scheme: It's Not About Collecting Money, James S. Seevers, Jr. Sep 1996

Noaa's New Natural Resource Damage Assessment Scheme: It's Not About Collecting Money, James S. Seevers, Jr.

Washington and Lee Law Review

No abstract provided.


The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh Jun 1994

The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh

Washington and Lee Law Review

No abstract provided.


Time For A Change: A Re-Examination Of The Settlement Policies Of The Securities And Exchange Commission , Anne C. Flannery Jun 1994

Time For A Change: A Re-Examination Of The Settlement Policies Of The Securities And Exchange Commission , Anne C. Flannery

Washington and Lee Law Review

No abstract provided.


The Concept Of Independence In Public Law, Brian C. Murchison Jan 1992

The Concept Of Independence In Public Law, Brian C. Murchison

Scholarly Articles

None available.


On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison Jan 1989

On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison

Scholarly Articles

None available.


The Honorable Profession Of Regulation, William A. Lovett Jan 1989

The Honorable Profession Of Regulation, William A. Lovett

Washington and Lee Law Review

No abstract provided.