Administrative Law Commons^™

Ultra Vires And The Foundations Of Judicial Review, Paul Craig

Articles by Maurer Faculty

No abstract provided.

The Right To Privacy And The Public's Right To Know: The "Central Purpose" Of The Freedom Of Information Act, Fred H. Cate, D. Annette Fields, James K. Mcbain

Articles by Maurer Faculty

No abstract provided.

Informal Agency Actions And U.S. Administrative Law -- Informal Procedure In A Global Era, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz

Articles by Maurer Faculty

No abstract provided.

Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …

Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman

Articles by Maurer Faculty

This paper will take a contextual approach to American administrative law. It will examine the historic context and the legal significance of certain administrative law doctrines and approaches. In so doing, it will examine three distinct eras of administrative law: (1) the New Deal-A.PA., which I date from 1929 to 1959; (2) the environmental era which I date from 1960 to 1980; and (3) the global era of administrative law, whose beginnings I somewhat arbitrarily mark as 1980. This takes us to the present and the foreseeable future.' I do not mean to imply that these eras are so distinct …

Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Bargaining For Justice: An Examination Of The Use And Limits Of Conditions By The Federal Reserve Board, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

A Nonregulatory Challenge, A. James Barnes

Articles by Maurer Faculty

No abstract provided.

Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

For more than a half-century, the Federal Energy Regulatory Commission (FERC or Commission) and its predecessor, the Federal Power Commission (FPC), regulated hydroelectric development of the nation's rivers under the Federal Power Act (FPA) with little interference by Congress.' However, increasing criticism of the FERC has reawakened congressional interest in hydropower regulation.2 Congress recently considered a number of proposals to amend the FPA.8 Of these, seven related directly to a controversy born in the 1970s between public and private power:4 the issue of preference in competitive FERC relicensing proceedings.

Section 7(a) of the Federal Power Act directs the FERC to …

Industry Self-Regulation And The Useless Concept "Group Boycott", Robert Heidt

Articles by Maurer Faculty

No abstract provided.

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Reviving The Federal Power Act's Comprehensive Plan Requirement: A History Of Neglect And Prospects For The Future, Daniel H. Cole

Articles by Maurer Faculty

In 1920, Congress enacted the Federal Power Act (FPA) to secure inexpensive and widely available power through federal licensing of private hydroelectric development in accordance with a "comprehensive plan." The Federal Power Commission (FPC) was charged with administering the statute and undertook its planning obligations with diligence, preparing plans for at least two river basins. However, chronic manpower and resource deficiencies soon led the FPC to neglect Congress' planning directive. No comprehensive plans have been produced since 1930, either by the FPC or its successor, the Federal Energy Regulatory Commission (FERC). This failure to plan, combined with the avalanche of …

Toxic Victim Compensation, A. James Barnes

Articles by Maurer Faculty

No abstract provided.

The Nlrb And The Discharge Of Supervisors: Parker-Robb Brings Questionable Reform, Terry A. Bethel

Articles by Maurer Faculty

No abstract provided.

Administrative Equity: An Analysis Of Exceptions To Administrative Rules, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Reasonable Relation Reassessed: The Examination Of Private Documents By Federal Regulatory Agencies, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.

Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Institutionalizing The Energy Crisis: Some Structural And Procedural Lessons, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

Development And Diversification In Administrative Rule Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Products Liability: Dean Wade And The Constitutionality Of Section 402a, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Natural Gas And Electric Utility Rate Reform: Taxation Through Ratemaking, Alfred C. Aman, Glen S. Howard

Articles by Maurer Faculty

No abstract provided.

Effectiveness Of The Social Security Review System In Disability Cases, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

State Regulation Of Nontransportation Noise: Law And Technology, Sheldon J. Plager, Roger W. Findley

Articles by Maurer Faculty

No abstract provided.

Maurice H. Merrill's Contribution To Administrative Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Federal Court Doctrines In Avoidance Of Adjudication: Exhaustion, Abstention And The Anti-Injunction Statute, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Of Justice Delayed And Justice Denied: The Welfare Prior Hearing Cases, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.