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Administrative Law Commons™

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William & Mary Law School

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Articles 121 - 150 of 194

Full-Text Articles in Administrative Law

Policymaking By The Administrative Judiciary, Charles H. Koch Jr. Apr 2005

Policymaking By The Administrative Judiciary, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Policymaking By The Administrative Judiciary, Charles H. Koch Jr. Apr 2005

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 Jan 2005

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 Jan 2005

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. Jul 2004

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 Feb 2004

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 Feb 2004

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 May 2003

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 Oct 2002

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. Oct 2002

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 Oct 2001

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 Apr 2001

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 Apr 2001

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 Oct 2000

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 Oct 2000

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 May 2000

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 Apr 2000

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. Apr 2000

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. Jan 2000

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. Oct 1999

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 Jan 1998

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 Jan 1998

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 Oct 1997

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. Jul 1996

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 Sep 1995

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. Jul 1994

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 Jan 1994

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. Jan 1992

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Reflections Upon The Federal Administrative Judiciary, Paul R. Verkuil Jan 1992

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. Oct 1991

An Issue-Driven Strategy For Review Of Agency Decisions, Charles H. Koch Jr.

Faculty Publications

No abstract provided.