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Administrative Law Commons

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1989

Discipline
Institution
Keyword
Publication
Publication Type

Articles 361 - 368 of 368

Full-Text Articles in Administrative Law

Deference Revisited: Politics As A Determinant Of Deference Doctrine And The End Of The Apparent Chevron Consensus, William S. Jordan Iii Jan 1989

Deference Revisited: Politics As A Determinant Of Deference Doctrine And The End Of The Apparent Chevron Consensus, William S. Jordan Iii

Akron Law Faculty Publications

In this foundational article, William S. Jordan III critically assesses the evolving judicial application of Chevron U.S.A., Inc. v. Natural Resources Defense Council, arguing that the initial consensus surrounding Chevron deference has fractured due to political and ideological considerations within the judiciary. Jordan explores how lower courts and the Supreme Court have inconsistently applied the Chevron framework, often modifying or avoiding its steps in ways that reflect the judges’ policy preferences rather than principled doctrine. The article contends that the supposed clarity and neutrality of Chevron masked deeper tensions over institutional roles, the administrative state's legitimacy, and the politicization of …


Presidential Management Of Agency Rulemaking, Harold H. Bruff Jan 1989

Presidential Management Of Agency Rulemaking, Harold H. Bruff

Publications

No abstract provided.


Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff Jan 1989

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

Publications

No abstract provided.


Integrated Pollution Control: The Way Forward, Lakshman Guruswamy Jan 1989

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Publications

No abstract provided.


Foreword, Focus: Clean Water Act’S Section 404, David H. Getches Jan 1989

Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

Publications

No abstract provided.


Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy Jan 1989

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Publications

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …


The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson Jan 1989

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

Publications

No abstract provided.


Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Dick Pierce, Donald Elliott, Peter L. Strauss, Cass Sunstein Jan 1989

Administrative Law Symposium: Question & Answer With Professors Elliott, Strauss, And Sunstein, Dick Pierce, Donald Elliott, Peter L. Strauss, Cass Sunstein

Faculty Scholarship

No abstract provided.