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Articles 391 - 420 of 567
Full-Text Articles in Administrative Law
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
John D. Appel, Leslie Berman
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz
Articles
No abstract provided.
The Electronic Agency And The Traditional Paradigms Of Administrative Law, Henry H. Perritt Jr.
The Electronic Agency And The Traditional Paradigms Of Administrative Law, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Editor's Comments, Charles H. Koch Jr.
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz
Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz
Cardozo Law Review
No abstract provided.
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Justice Scalia’S Textualism: The “New” New Legal Process, Nicholas S. Zeppos
Cardozo Law Review
No abstract provided.
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
Scholarly Works
A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”
Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …
Editor's Comments, Charles H. Koch Jr.
Federal Electronic Information Policy, Henry H. Perritt Jr.
Federal Electronic Information Policy, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Editor's Comments, Charles H. Koch Jr.
Water Marketing And Instream Flows: The Next Step In Protecting California's Instream Values, Paul Williams, Stephen J. Mchugh
Water Marketing And Instream Flows: The Next Step In Protecting California's Instream Values, Paul Williams, Stephen J. Mchugh
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Air Toxics Dilemma: Whither Section 112?, Michael E. Herz
The Air Toxics Dilemma: Whither Section 112?, Michael E. Herz
Articles
The Clean Air Act was the product of a spasm of extraordinary political unanimity. Its actual implementation, however, has been divisive and controversial from the start. For two decades now, politicians, members of the regulated community, environmental activists, and academics have been debating whether the Act represents a rational investment (current expenditures for air pollution control are generally estimated at something above thirty billion dollars), uses optimal or even sensible regulatory mechanisms, or has accomplished anything at all.
Electronic Acquisition And Release Of Federal Agency Information: Analysis Of Recommendations Adopted By The Administrative Conference Of The United States, Henry H. Perritt Jr.
Electronic Acquisition And Release Of Federal Agency Information: Analysis Of Recommendations Adopted By The Administrative Conference Of The United States, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Administrative Law - Pending Petition For Agency Reconsideration Bars Appellate Court Jurisdiction, Karen L. Pascale
Administrative Law - Pending Petition For Agency Reconsideration Bars Appellate Court Jurisdiction, Karen L. Pascale
Villanova Law Review (1956 - )
No abstract provided.
Administrative Law - Farmers Home Administration Is Not Required To Comply With Pennsylvania's Mortgage Foreclosure Statutes Prior To Foreclosing On A Loan Obtained Through Its Federal Lending Program, Deborah R. Popky
Villanova Law Review (1956 - )
No abstract provided.
Deference Revisited: Politics As A Determinant Of Deference Doctrine And The End Of The Apparent Chevron Consensus, William S. Jordan Iii
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 …
Complex Tradeoffs In Patent Antitrust Law: A Comment On Millstein, F. M. Scherer
Complex Tradeoffs In Patent Antitrust Law: A Comment On Millstein, F. M. Scherer
Cardozo Law Review
No abstract provided.
The Appropriate Enforcement Role Of The Government Antitrust Agency, Sanford M. Litvack
The Appropriate Enforcement Role Of The Government Antitrust Agency, Sanford M. Litvack
Cardozo Law Review
No abstract provided.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Administrative Law - Freedom Of Information Act - Taxpayer's Request For Disclosure Of Return Information Is Governed By The Freedom Of Information Act Rather Than The Internal Revenue Code, Michael E. Defrank
Villanova Law Review (1956 - )
No abstract provided.
Administrative Law, Patricia A. Morrison
Administrative Law, Patricia A. Morrison
West Virginia Law Review
No abstract provided.
Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.
Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Cost-Benefit Analysis And The Determination Of Legal Entitlements: A Reply To Professor Carlson, Richard S. Markovits
Cost-Benefit Analysis And The Determination Of Legal Entitlements: A Reply To Professor Carlson, Richard S. Markovits
Cardozo Law Review
No abstract provided.
Crosscurrents In Anglo-American Administrative Law, Paul R. Verkuil
Crosscurrents In Anglo-American Administrative Law, Paul R. Verkuil
William & Mary Law Review
No abstract provided.
Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.
Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.
Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Administrative Law, John F. Donogher
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Faculty Publications
No abstract provided.
Administrative Law, James W. Mcneely