Administrative Law Commons^™

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

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 …

Karsik V. State Of Israel, Mishael Cheshin, Aharon Barak, Tova Strasberg-Cohen, Aharon Barak, Shlomo Levin, Dalia Dorner, Dorit Beinisch

Translated Opinions

Facts: In the late 1950’s the army needed training area and for this purpose the authorities worked to expropriate a range of about 137 dunam of land in the region of Hadera in accordance with the Lands Ordinance (Purchase for Public Purposes) 1943.  After a number of years – on 24 March 1966 – and according to his authority in section 19 of the Expropriations Ordinance, the Minister of Finance published a notice as to the granting of the land to the State and the land was registered in the land registration books in the name of the State.

The …

Reading The Clean Air Act After Brown & Williamson, Michael Herz

Articles

No abstract provided.

Rulemaking, Michael Herz

Articles

No abstract provided.

Judges, Ideology, And Policy In The Administrative State: Lessons From A Decade Of Hard Look Remands Of Epa Rules, William S. Jordan Iii

Akron Law Faculty Publications

In this empirical and doctrinal study, William S. Jordan III investigates how judicial ideology influences administrative law outcomes, focusing on a decade's worth of D.C. Circuit Court decisions that remanded Environmental Protection Agency (EPA) rules under the "hard look" doctrine. The article analyzes whether patterns in judicial reasoning reflect ideological biases or whether decisions were grounded in principled application of administrative law standards. Jordan finds evidence suggesting that judicial ideology does play a role in shaping outcomes, particularly when evaluating the adequacy of agency justifications. However, he also explores institutional and doctrinal checks that may constrain overt politicization. The article …

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.

Does The Solicitor General Advantage Thwart The Rule Of Law In The Administrative State?, Jim A. Rossi

Vanderbilt Law School Faculty Publications

Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for regulatory and administrative law cases. By emphasizing how the Solicitor General affects cases that the Supreme Court decides, Cohen and Spitzer's findings confirm that administrative law's emphasis on lower appellate court decisions is not misplaced. Some say that D.C. Circuit cases carry equal-if not more-precedential weight than Supreme Court decisions in resolving administrative law issues. Cohen and Spitzer use positive political theory to provide a novel explanation for some …

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

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.

Ossification Revisited: Does Arbitrary And Capricious Review Significantly Interfere With Agency Ability To Achieve Regulatory Goals Through Informal Rulemaking?, William S. Jordan Iii

Akron Law Faculty Publications

This article revisits the longstanding debate over the "ossification" of informal rulemaking, the theory that judicial review—especially under the "arbitrary and capricious" standard—has made rulemaking so procedurally burdensome that it impedes agencies from efficiently achieving their regulatory objectives. William S. Jordan III critically evaluates both empirical data and doctrinal developments to assess whether such review genuinely causes delay or obstruction in agency rulemaking. He finds that while courts do impose significant analytical and procedural expectations, the impact may be less severe than ossification critics claim. Jordan argues that judicial scrutiny can enhance the quality of rulemaking by ensuring reasoned decision-making …

Envirocare V. Nrc Increases Agency Discretion To Deny Administrative Intervention: Right Result - Wrong Reason, William S. Jordan Iii

Akron Law Faculty Publications

In this article, William S. Jordan III critiques the D.C. Circuit's decision in Envirocare of Utah, Inc. v. NRC, which upheld the Nuclear Regulatory Commission’s (NRC) decision to deny a private competitor's request to intervene in a licensing proceeding. While Jordan agrees with the outcome—that the NRC’s discretion in managing administrative proceedings should be respected—he contends that the court’s rationale risks expanding agency discretion at the expense of public participation and transparency. The article explores the statutory and administrative law frameworks governing intervention rights, analyzing how the court’s interpretation diverges from sound procedural principles. Jordan argues for a more nuanced …

An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Judicial Review, Michael Herz

Articles

No abstract provided.

Administrative Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Electronic Freedom Of Information, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Administrative Law In The 21st Century, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Articles

No abstract provided.

House Rules: Is A Supermajority Requirement For Tax Hikes Constitutional?, John O. Mcginnis, Michael B. Rappaport, Susan Low Bloch

Articles

No abstract provided.

Administrative Law In The 21st Century, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Public Choice Model Of International Economic Cooperation And The Decline Of The Nation State, Enrico Colombatto, Jonathan R. Macey

Cardozo Law Review

The idea of the state lies at the core of international relations and international law. The concept of sovereignty is also central to the notion of the state. Indeed, inherent in the existing system of states are the principles of political independence and sovereign equality that form the underpinnings of sovereignty.

James Landis: The Administrative Process, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Review Of Genevra Richardson And Hazel Genn, Eds., Administrative Law And Government Action : The Courts And Alternative Mechanisms Of Review, William S. Jordan Iii

Akron Law Faculty Publications

In this insightful and analytically rigorous book review, William S. Jordan III evaluates Administrative Law and Government Action, a comparative law volume exploring judicial and non-judicial oversight of administrative decisions across common law jurisdictions. Jordan commends the editors and contributors for offering a rich, multi-perspective approach to reviewing administrative power, particularly their treatment of ombudsman systems, tribunals, and internal agency review mechanisms as complements or alternatives to judicial review. Jordan contrasts the UK's evolving administrative frameworks with the U.S. model, emphasizing the U.S. focus on judicial review under the Administrative Procedure Act (APA) and the increasingly prominent role of Chevron …

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

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.

Does An Administrator's General Interest In Fulfulling Her Duties Meet The Constitution's Requirements For Seeking Judicial Review Of A Decision She Doesn't Like?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Insuring Domestic Tranquility Through Quieter Products: A Proposed Product-Nuisance Tort, Jason A. Lief

Cardozo Law Review

Is there a place upon this globe where one may escape the drone of our industrial beehive and bask in calm tranquility? Thoreau observed that the "mass of men lead lives of quiet desperation." Paradoxically, the source of that quiet desperation often is uncontrollable environmental noise. Even within the ,home, the one supposed sanctuary from the world's evils, unwanted noise invades lives and disrupts serenity. Although noise is not a new problem for mankind, its magnitude has changed over time. Today's "speaking trumpets" do indeed "have a power unknown to a simpler age." Amplified sound can be a weapon, as …

To Defer Or Not To Defer: When Must A Court Honor An Administrative Agency's Interpretation Of Its Own Regulations?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.