Administrative Law Commons^™

Law And Incommensurability: Introduction, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler

Faculty Scholarship

Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …

Revoking The "Fishing License:" Recent Decisions Place Unwarranted Restrictions On Administrative Agencies' Power To Subpoena Personal Financial Records, Jack W. Campbell, Iv

Vanderbilt Law Review

The backbone of an administrative agency's effectiveness is the ability to investigate rapidly the activities of entities within the agency's jurisdiction., An agency's ability to carry out its investigative functions depends upon enforcement of the agency's administrative subpoenas. Courts have not always looked favorably upon broad agency subpoena power. The implementation of the New Deal and the exigencies of World War II created a need for increased administrative oversight of national affairs. Courts began to recognize the usefulness of proactive administrative government. Concurrent supreme court decisions reflected this philosophical change by adopting highly deferential views of administrative subpoena enforcement. This …

Regulatory Cooperation Between The European Commission And U.S. Administrative Agencies, George Bermann

Faculty Scholarship

This Article examines the policies and practices of the European Commission toward various forms of bilateral regulatory cooperation with administrative agencies of the United States. To place this Article's findings in a proper perspective, it is essential to understand both (A) the selection of the European Community (E.C.) as an appropriate overseas regulatory jurisdiction for such cooperation and (B) the reasons for focusing on the European Commission among the various E.C. institutions. Those questions are taken up in this Introduction. Part I describes in some detail the organization and functioning of the Commission. Part II – the core of this …

Helping "Concerned Volunteers Working Out Of Their Kitchens": Funding Citizen Participation In Administrative Decision Making, Marcia Valiante, W. A. Bogart

Osgoode Hall Law Journal

Broad citizen participation in decision making by administrative bodies is important in achieving fairness, improving the quality of decisions, and realizing accountability and legitimacy. Yet such broad participation often hinges on adequate financial capacity. In this regard, the authors review a number of mechanisms used for funding citizen participation. These mechanisms are variations of essentially two models: public funding (direct and indirect) and direct funding by proponents. The article concludes with a plea for such mechanisms--even in a time of severe financial restraint-as one reflection of a vigorous participatory democracy.

Administrative Agencies, Joseph Vining

Book Chapters

Administrative agencies, often called the ‘‘fourth branch,’’ are entities of government that make decisions within particular substantive fields. Although these fields range over the full spectrum of public concern, the specificity of agencies’ focus distinguishes them from other decision making entities in the constitutional structure—the judiciary, the presidency, the Congress, indeed the individual citizen—each of which can be taken to have a scope of interest as broad as imagination will allow.

Due Process, Judicial Review, And The Rights Of The Individual, Edward D. Re

Cleveland State Law Review

As a federal judge I fully appreciate the role of the judiciary in reviewing the actions of administrative agencies. Hence, I am pleased to discuss the concepts of due process, judicial review, and the rights of the individual. Since it cannot be questioned that public officers and administrative agencies vitally affect the lives and interests of all persons, it is important to know the legal controls and remedies that are available to assure that public officials act lawfully. This, of course, implies that all administrators and officers of government must act within the bounds of their delegated authority and comply …

Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

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

Publications

No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

Taking A Byte Out Of Abusive Agency Discretion: A Proposal For Disclosure In The Use Of Computer Models, John P. Barker

University of Michigan Journal of Law Reform

This Note examines the need for comprehensive requirements for the release of information pertaining to the use of computer-generated simulations used by federal administrative agencies or parties appearing before regulatory bodies. Part I of this Note defines computer models, identifies some of their current uses in administrative proceedings and describes the advantages of these models. Part II reviews the current requirements for documentation of computer models and the judicial review standards for agency findings. Part III examines the potential problems in the use of models and discusses the need for more adequate disclosure. Part IV describes several tests for verifying …

The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Regulatory Reform And The National Energy Board, J. M. Hendry

Dalhousie Law Journal

Government regulation has been increasing rapidly for the past five decades. At present, boards, commissions, and other variously named administrative agencies pervade nearly every phrase of the nation's economic and social activity. At the federal level, these groups are involved in formulating economic policy; they control the construction and operation of pipelines and other means of transport; they supervise most facets of the telecommunications and broadcasting industries; they regulate, in many ways, the exploration for and manufacturing and marketing of raw materials. At the provincial level, they are concerned with labour relations, education, and the use of property. In addition, …

Administrative Procedures For Resolving Complex Policy Questions: A Proposal For Proof Dissection, Harold I. Abramson

Scholarly Works

Many commentaries have charged that the use of conventional trial procedures in the administrative process fails to provide an effective means for resolving complex policy questions. In particular, the excessive use of cross-examination has been cited as needlessly impairing the economy and efficiency of administrative proceedings. Excessive and redundant use of such procedures has also been criticized as undermining the accuracy of results by allowing unfettered attack on adversaries’ witnesses. Clearly, current opinion of the adversary system is that it “rates truth too low among values that institutions of justice are meant to serve.”

The problems surrounding the use of …

Of Public Funds And Public Participation: Resolving The Issue Of Agency Authority To Reimburse Public Participants In Administrative Proceedings, Carl W. Tobias

Law Faculty Publications

A number of federal agencies have recently relied upon implied power to reimburse expenses incurred by public participants in administrative proceedings. When the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) attempted to exercise this authority, their efforts were challenged by parties who, relying on a purportedly controlling decision of the Second Circuit, contended that participant funding was an impermissible exercise of administrative power. The USDA initiative was upheld in district court, but the FDA program was invalidated by a divided Fourth Circuit panel.

The dispute over agency reimbursement has not been confined to the …

Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Some Observations On The Canadian Regulatory Agency, James Mcl. Hendry

Dalhousie Law Journal

The Fourth Branch of Government Government is growing at a rapid rate and its growth will continue in the foreseeable future. The quest for more and more social security, the growing awareness of the necessity for central regulation, particularly of our environment and natural resources, the inevitable decelerating of a economic activity, all call for increased governmental enterprise. This increase in governmental functions means a consequent curtailment of individual liberty and this curtailment must be carefully weighed in the light of the common good. In this uncertain day and age of rapid change, it is most imperative that our politico-legal …

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

Judicial Review For Ohio's Civil Servants, Donald Applestein

Cleveland State Law Review

With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.

The Local Administrative Agencies, Maurice H. Merrill

Vanderbilt Law Review

We have become accustomed to the concept, once thoroughly horrendous to most lawyers, that the dispensation of justice may, be properly entrusted to those tribunals which, for want of a better term, we label administrative. In past years they were considered the illicit offspring of miscegenatious commingling of powers which,constitutionally, should have been kept in rigid segregation. In the last half century, this habit of thought has all but disappeared; our concern has been rather with the full acknowledgment and acceptance of these agencies into the family of makers and appliers of the law. We have undertaken to nurture and …

Book Review. Jaffe, L.L., Judicial Control Of Administrative Action, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Agency Development Of Policy Through Rule-Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Public Regulation And Private Rights Of Action, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

The Removal Power Of The President And Independent Administrative Agencies, Reginald Parker

Indiana Law Journal

No abstract provided.

The 1952 State Agency Law, Dee Ashley Akers

Kentucky Law Journal

No abstract provided.