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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
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
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
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
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
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
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
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
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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
The Concept Of Independence In Public Law, Brian C. Murchison
Scholarly Articles
None available.
On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison
On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison
Scholarly Articles
None available.
The Honorable Profession Of Regulation, William A. Lovett
The Honorable Profession Of Regulation, William A. Lovett
Washington and Lee Law Review
No abstract provided.