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Administrative Law Commons™

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1991

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Articles 331 - 341 of 341

Full-Text Articles in Administrative Law

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus Jan 1991

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …


The Principles Of Fundamental Justice: The Constitution And The Common Law, J. M. Evans Jan 1991

The Principles Of Fundamental Justice: The Constitution And The Common Law, J. M. Evans

Osgoode Hall Law Journal

This article examines the application of the principles of fundamental justice in section 7 of the Charter to administrative law, and in particular its relationship to non-constitutional grounds of judicial review. The author argues that in this area of the law the common law should generally be regarded as the source of the basic tenets of our legal system that section 7 has been said to embody. The author suggests that the traditional grounds of judicial review of administrative action represent the courts' accommodation of individual rights and the collective interest, and thus cover much the same ground as the …


Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester Jan 1991

Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester

Scholarly Articles

Part I of this Article summarizes the relevant provisions of the Tucker Act, and examines courts' interpretations of whether a district court had jurisdiction over a claim when a potential judgment exceeded $10,000. This Article suggests that, over time, traditional Tucker Act jurisdiction has been distorted by the appearance of a new kind of plaintiff' seeking "structural reform" rather than the kinds of compensation envisioned by the Act. This Article also suggests that Tucker Act jurisdiction has been distorted by two congressional actions: the creation of the judgment fund; and amendments to the Administrative Procedure Act. These congressional actions could …


Comments On Bernard Schwartz’ Essay, Marshall J. Breger Jan 1991

Comments On Bernard Schwartz’ Essay, Marshall J. Breger

Scholarly Articles

No abstract provided.


Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins Jan 1991

Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins

Scholarly Articles

No abstract provided.


A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger Jan 1991

A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger

Scholarly Articles

No abstract provided.


Adjudicative Retroactivity In Administrative Law , Abner S. Greene Jan 1991

Adjudicative Retroactivity In Administrative Law , Abner S. Greene

Faculty Scholarship

Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …


Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger Jan 1991

Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger

Scholarly Articles

The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."


The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger Jan 1991

The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger

Scholarly Articles

I have served as Chairman of the Administrative Conference of the United States (ACUS) for a little more than six years. It has been both a fulfilling and a frustrating experience. The Conference has accomplished a great deal, yet it could do much more. I take this opportunity to review the role of the Conference in modern administrative law. In this article I wish to meet two goals. The first is to illustrate the role of the Administrative Conference-what it does, and how it does it. During my tenure, I have often used the chairmanship as a "bully pulpit" to …


The Case For Integrated Pollution Control, Lakshman Guruswamy Jan 1991

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.


Editor's Comments, Charles H. Koch Jr. Jan 1991

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.