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Articles 121 - 150 of 194
Full-Text Articles in Administrative Law
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Policymaking By The Administrative Judiciary, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler
Judicial Federalism And The Future Of Federal Environmental Regulation, Jonathan H. Adler
Faculty Publications
This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal regulation, as federal courts have not used these cases as a basis for limiting the reach of federal regulatory authority. (2) Notwithstanding this limited impact, the underlying logic of the Supreme Court's cases does pose a challenge for federal regulation, particularly in the Commerce Clause context. (3) The thrust of the federalism cases makes …
Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler
Jurisdictional Mismatch In Environmental Federalism, Jonathan H. Adler
Faculty Publications
Jurisdictional mismatch plagues contemporary environmental law and policy. The division of authority and responsibility for environmental protection between the federal and state governments lacks any cohesive rationale or justification. The federal government regulates in many areas where there is no clear analytical basis for federal involvement. At the same time, the federal government is relatively absent where a stronger federal presence could be justified. Conversely, states are precluded, discouraged, or otherwise inhibited from adopting environmental protections where state efforts would be worthwhile. In addition, state intervention seeps into areas where a dominant federal role would be more defensible. This jurisdictional …
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The Chesapeake Bay Restoration Act Of 2000: New Requirements For Federal Agencies, Michael T. Palmer
The Chesapeake Bay Restoration Act Of 2000: New Requirements For Federal Agencies, Michael T. Palmer
William & Mary Environmental Law and Policy Review
No abstract provided.
The Information Quality Act And Environmental Protection: The Perils Of Reform By Appropriations Rider, Sidney A. Shapiro
The Information Quality Act And Environmental Protection: The Perils Of Reform By Appropriations Rider, Sidney A. Shapiro
William & Mary Environmental Law and Policy Review
No abstract provided.
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Chevron Deference And Treaty Interpretation, Evan J. Criddle
Faculty Publications
No abstract provided.
Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame
Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame
William & Mary Law Review
No abstract provided.
Judicial Review Of Administrative Policymaking, Charles H. Koch Jr.
Judicial Review Of Administrative Policymaking, Charles H. Koch Jr.
William & Mary Law Review
No abstract provided.
Statutory Regulations Of Midwives: A Study Of California Law, Julie Harmon
Statutory Regulations Of Midwives: A Study Of California Law, Julie Harmon
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Case For Strict Statutory Construction Of Mandatory Agency Deadlines Under Section 706(1), Catherine Zaller
The Case For Strict Statutory Construction Of Mandatory Agency Deadlines Under Section 706(1), Catherine Zaller
William & Mary Law Review
No abstract provided.
Respecting Deference: Conceptualizing Skidmore Within The Architecture Of Chevron, Jim Rossi
Respecting Deference: Conceptualizing Skidmore Within The Architecture Of Chevron, Jim Rossi
William & Mary Law Review
This Article addresses critically the implications of the U.S. Supreme Court's recent decision in Christensen v. Harris County, 120 S. Ct. 1655 (2000), for standards of judicial review of agency interpretations of law. Christensen is a notable case in the administrative law area because it purports to clarify application of the deference doctrine first articulated in Skidmore v. Swift & Co., 323 U.S. 134 (1944). By reviving this doctrine, Christensen narrows application of the predominant approach to deference articulated in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), thus reducing the level of deference in …
Rethinking Patent Law In The Administrative State, Orin S. Kerr
Rethinking Patent Law In The Administrative State, Orin S. Kerr
William & Mary Law Review
This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
Faculty Publications
No abstract provided.
Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah
Interpreting Agency Enabling Acts: Misplaced Metaphors In Administrative Law, Lars Noah
William & Mary Law Review
No abstract provided.
Judicial Review And The Small Business Regulatory Enforcment Fairness Act: An Early Examination Of When And Where Judges Are Using Their Newly Granted Power Over Federal Regulatory Agencies, Jeffrey J. Polich
William & Mary Law Review
No abstract provided.
Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch Jr.
Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.
An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Unreviewability In State Administrative Law, Charles H. Koch Jr.
Unreviewability In State Administrative Law, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
Faculty Publications
No abstract provided.
Foreword: Government Lawyering, Neal Devins
Foreword: Government Lawyering, Neal Devins
Faculty Publications
No abstract provided.
The U.S. Epa Administrator's Assessment Of Civil Penalties: A Review Of The Sources Of Authority And The Administrator's Regulations, Richard R. Wagner
The U.S. Epa Administrator's Assessment Of Civil Penalties: A Review Of The Sources Of Authority And The Administrator's Regulations, Richard R. Wagner
William & Mary Environmental Law and Policy Review
No abstract provided.
James Landis: The Administrative Process, Charles H. Koch Jr.
James Landis: The Administrative Process, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Administrative Presiding Officials Today, Charles H. Koch Jr.
Administrative Presiding Officials Today, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Tempest In An Envelope: Reflections On The Bush White House's Failed Takeover Of The U.S. Postal Service, Neal Devins
Faculty Publications
No abstract provided.
Editor's Comments, Charles H. Koch Jr.
Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil
Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil
Faculty Publications
No abstract provided.
An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr.
An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr.
Faculty Publications
No abstract provided.