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Articles 91 - 120 of 183
Full-Text Articles in Administrative Law
Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis
Closing An Administrative Loophole: Ethics For The Administrative Judiciary, Diana Gillis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel
The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: An Update, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article provides an update of a comprehensive review that was published five years ago, which synthesized the various sources of law specific to the remedial authority of hearing/review officers (H/ROs) under the Individuals with Disabilities Education Act (IDEA).
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.
Pepperdine Law Review
No abstract provided.
What The Return Of The Administrative Conference Of The United States Means For Administrative Law, Paul R. Verkuil
What The Return Of The Administrative Conference Of The United States Means For Administrative Law, Paul R. Verkuil
Michigan Journal of Environmental & Administrative Law
Administrative law, writ large, is about the way agencies behave, and how other institutions and the public react to that behavior. By promulgating rules, adjudicating cases and claims, enforcing statutes, providing guidance, collaborating with interest groups, exercising discretion, and so forth, agencies manage and implement the business of government.1 They do this under the auspices of the Executive Branch, but the other branches assert authority over the agencies as well. Congress does so by legislating, budgeting, and overseeing, while the courts do so by interpreting statutes and requiring rational behavior from agencies. These important and essential activities fill many law …
Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee
Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee
West Virginia Law Review
No abstract provided.
Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Osgoode Hall Law Journal
Although municipal law is a subset of administrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested is a …
Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold
Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold
Georgetown Law Faculty Publications and Other Works
Democracy and administrative law concern ideas of governance, legitimacy, and accountability. With the growth of bureaucracy and regulation, many democratic theorists would argue that administrative law mechanisms are essential to achieving democratic objectives. This article considers the World Trade Organization’s (WTO) contribution to governance both in terms of global administrative law and democracy. In relation to administrative law, it first explores the extent to which the WTO’s own dispute settlement process contributes to this area. Second, it considers the operation of administrative law principles embedded within the WTO Agreements on Members. For example, the WTO Agreements require that certain laws …
Ad Law Incarcerated, Giovanna Shay
Ad Law Incarcerated, Giovanna Shay
Faculty Scholarship
This Article examines one part of the legal regime administering "mass incarceration" that has not been a focus of legal scholarship: prison and jail policies and regulation. Prison and jail regulation is the administrative law of the "carceral state," governing an incarcerated population of millions, a majority of whom are people of color. The result is an extremely regressive form of policy-making, affecting poor communities and communities of color most directly. This Article proceeds in three parts. Part I first sketches the history of court involvement in prison reform, explaining that prison litigation made institutions more bureaucratic and increased the …
Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earth Island Inst., No. 07-463 (U.S. June 27, 2008), Richard J. Lazarus, Amanda C. Leiter, David C. Vladeck
Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earth Island Inst., No. 07-463 (U.S. June 27, 2008), Richard J. Lazarus, Amanda C. Leiter, David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Darden V. Peters: Giving Deference Where Deference May Not Be Due, Raisa L. Michalek
Darden V. Peters: Giving Deference Where Deference May Not Be Due, Raisa L. Michalek
Maryland Law Review
No abstract provided.
Beyond Cost-Benefit Analysis: A Pragmatic Reorientation, Sidney A. Shapiro, Christopher H. Schroeder
Beyond Cost-Benefit Analysis: A Pragmatic Reorientation, Sidney A. Shapiro, Christopher H. Schroeder
Faculty Scholarship
The weaknesses of cost-benefit analysis (CBA) are apparent for all to see. The theoretical underpinnings of positivism and rational choice methodologies have been dealt a significant blow in the post-positivist literature in science, political science and policy studies. Likewise, the performance of CBA itself has been the subject of a significant and persuasive challenge in the legal literature. This article critiques specifically the current federal form of regulatory impact analysis (RIA), centered institutionally in OIRA and centered methodologically in CBA. One of reasons for the continuing dominance of a CBA-centered RIA is the success of its proponents in maintaining that …
Administrative Law As The New Federalism, Gillian E. Metzger
Administrative Law As The New Federalism, Gillian E. Metzger
Faculty Scholarship
Despite the recognized impact that the national administrative state has had on the federal system, the relationship between federalism and administrative law remains strangely inchoate and unanalyzed. Recent Supreme Court case law suggests that the Court is increasingly focused on this relationship and is using administrative law to address federalism concerns even as it refuses to curb Congress's regulatory authority on constitutional grounds. This Article explores how administrative law may be becoming the new federalism and assesses how well-adapted administrative law is to performing this role. It argues that administrative law has important federalism-reinforcing features and represents a critical approach …
Choosing Between The Necessity And Public Interest Standards In Fcc Review Of Media Ownership Rules, Peter Dicola
Choosing Between The Necessity And Public Interest Standards In Fcc Review Of Media Ownership Rules, Peter Dicola
Michigan Law Review
Section 202(h) of the Telecommunications Act of 1996, as amended, directs the Federal Communications Commission ("FCC") to review its media ownership rules every four years. But the statute contains an ambiguity regarding the standard of review that the FCC must apply during such proceedings. To retain a particular media ownership regulation, must the FCC merely show that the regulation advances one of the FCC's three public-interest goals for media: competition, diversity, and localism-applying a "public interest" standard? Or must the FCC meet the higher burden of demonstrating that the regulation is also indispensable for maintaining competition, diversity, or localism at …
Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh
Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh
Michigan Law Review
This reply addresses the thoughtful comments that former OIRA Administrator Sally Katzen has provided on our Article, Inside the Administrative State: A Critical Look at the Practice of Presidential Control. Our Article is the first to investigate the agency perspective on White House involvement in agency rule-making. We interviewed 30 of the 35 top political officials in the Environmental Protection Agency ("EPA") during the George H.W. Bush ("Bush I") and the William J. Clinton Administrations during 1989-2001. Prior to our study, empirical studies of White House involvement in agency rule-making had focused almost exclusively on the White House side, …
A Reality Check On An Empirical Study: Comments On "Inside The Administrative State", Sally Katzen
A Reality Check On An Empirical Study: Comments On "Inside The Administrative State", Sally Katzen
Michigan Law Review
Presidential control is the term used for the process (or some would say, the model) by which agency decision-making (more particularly, rulemaking) is brought under the direction of the president to "render such decision- making accountable and effective." Until now scholars, who have generally endorsed both the theory and the practice of the process, have written from the perspective of those who exercise presidential control - those at the White House or the Office of Information and Regulatory Affairs ("OIRA"). In a recent article in the Michigan Law Review, Lisa Schultz Bressman and Michael Vandenbergh ("the authors") decided to …
Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh
Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh
Michigan Law Review
From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by actual practice. Until now, the "presidential control" model has been largely impervious to this pattern. That model, which brings agency decision-making under the direction of the president, has strengthened over time, winning broad scholarly endorsement and bipartisan political support. But it, like prior models, relies on abstractions - for example, that the president represents public preferences and resists parochial pressures that do not hold up as a factual matter. …
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Will Paradise Become A Parking Lot: The Debate Over The Bush Administration's Overhaul Of Forest Management Regulations, Katrina M. Kayden
Will Paradise Become A Parking Lot: The Debate Over The Bush Administration's Overhaul Of Forest Management Regulations, Katrina M. Kayden
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner
Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner
West Virginia Law Review
No abstract provided.
The Myth Of Accountability And The Anti-Administrative Impulse, Edward Rubin
The Myth Of Accountability And The Anti-Administrative Impulse, Edward Rubin
Michigan Law Review
The idea of accountability is very much in fashion in legal and political thought these days. To be sure, the term is used in a variety of different ways, but that is the nature of fashion. Colored cloth ponchos may be in fashion this season, for example, but they can be shaped and colored in a variety of different ways. It is differences of this sort that sustain a fashion trend. If the only poncho available were red and square, the fashion trend would display an impressive unity, but it wouldn't last very long. In order to make sales, clothing …
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Applications For Benefits: Due Process, Equal Protection, And The Right To Be Free From Arbitrary Procedures, Virginia T. Vance
Washington and Lee Law Review
No abstract provided.
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
Vanderbilt Law School Faculty Publications
The Administrative Procedure Act (APA) has been out of date from the day it was written because it fails to address the administrative character of the modern state. The APA imposes procedural requirements on agency rulemaking and adjudication, two activities that are singled out because they resemble legislation and judicial decision making in the premodern state. The requirements for adjudication are based on the procedural rules that govern courts; the requirements for rulemaking would be based on the procedural rules that govern legislatures, but because very few such rules exist, they are also based on the rules that govern courts. …
Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney
Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney
Washington and Lee Law Review
No abstract provided.
Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison
Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison
Scholarly Articles
None available.
Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle
Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Third Circuit's Approach To The Private Enforcement Of Administrative Agency Regulations Under Section 1983, Lisa M. Lamb
The Third Circuit's Approach To The Private Enforcement Of Administrative Agency Regulations Under Section 1983, Lisa M. Lamb
Villanova Law Review (1956 - )
No abstract provided.
Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger
Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger
West Virginia Law Review
No abstract provided.
Proposals For Reforming The Administrative Procedure Act: Globalization, Democracy And The Furtherance Of A Global Public Interest (Earl A. Snyder Lecture In International Law), Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison
Confusion Reigns Supreme: The United States Supreme Court's Refusal To Grant Certiorari In L.R. Willson And Sons, Inc. V. Oshrc Perpetuates The Split Among Circuits In Osha Employee Misconduct Cases, Heather Malone Garrison
West Virginia Law Review
No abstract provided.