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Administrative Law Commons

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Administrative Law

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Institution
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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 Jan 1993

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 Nov 1992

John D. Appel, Leslie Berman

Cardozo Law Review

No abstract provided.


Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz Jul 1992

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. Mar 1992

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. Jan 1992

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz Jun 1991

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 Jun 1991

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 May 1991

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. Jan 1991

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Federal Electronic Information Policy, Henry H. Perritt Jr. Mar 1990

Federal Electronic Information Policy, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Editor's Comments, Charles H. Koch Jr. Jan 1990

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Water Marketing And Instream Flows: The Next Step In Protecting California's Instream Values, Paul Williams, Stephen J. Mchugh Jan 1990

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 Jan 1990

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. Mar 1989

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 Jan 1989

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 Jan 1989

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 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 …


Complex Tradeoffs In Patent Antitrust Law: A Comment On Millstein, F. M. Scherer Mar 1988

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 Mar 1988

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. Mar 1987

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 Jan 1987

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 Jan 1987

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. Oct 1986

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 Oct 1986

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 May 1986

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. Mar 1986

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. Mar 1986

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 Jan 1986

Administrative Law, John F. Donogher

West Virginia Law Review

No abstract provided.


Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil Oct 1985

Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil

Faculty Publications

No abstract provided.


Administrative Law, James W. Mcneely Jan 1985

Administrative Law, James W. Mcneely

West Virginia Law Review

No abstract provided.