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Articles 91 - 120 of 122
Full-Text Articles in Administrative Law
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock
ExpressO
In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
Scholarly Articles in Law Reviews & Journals
This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …
Does The Solicitor General Advantage Thwart The Rule Of Law In The Administrative State?, Jim A. Rossi
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 …
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
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.
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 …
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
On at least a short term basis the Charter of Rights and Freedoms has made a significant dent in the Canadian legal landscape. Not only has it produced a veritable cottage industry for practising lawyers and legal academics - it has raised some of the most fundamental questions about which institutions should shape public policy in Canada. The courts have a bold new mandate to measure the acts of the legislative and executive branches of the government against the new standards of the Charter. When these agencies are found wanting, they are to be checked and their illegal actions invalidated. …
New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.
New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Villanova Law Review (1956 - )
No abstract provided.
Administrative Law - Adminsitrative Procedure Act - Standing To Challenge Agency Action Requires A Showing That The Plaintiff Has Suffered Injury In Fact To A Protected Interest From The Face Of The Patricular Statutory Provision Allegedly Violated, Or When Protective Intent Is Clear From Its Legislative History, Kenneth A. Jacobsen
Villanova Law Review (1956 - )
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
The Corporate Patent - Reform Or Retrogression, Mary Helen Sears
Villanova Law Review (1956 - )
No abstract provided.
Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.
Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law, Various Editors
Constitutional Law, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg
Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg
Villanova Law Review (1956 - )
No abstract provided.
An Overview Of Administrative Due Process: Part I, O. John Rogge
An Overview Of Administrative Due Process: Part I, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
An Overview Of Administrative Due Process: Part Ii, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Federal Statutes And Government Regulation, Various Editors
Federal Statutes And Government Regulation, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Executive Orders And The Development Of Presidential Power, William Hebe
Executive Orders And The Development Of Presidential Power, William Hebe
Villanova Law Review (1956 - )
No abstract provided.
Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge
Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Williams V. Florida: End Of A Theory - Part I, O. John Roger
Williams V. Florida: End Of A Theory - Part I, O. John Roger
Villanova Law Review (1956 - )
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Villanova Law Review (1956 - )
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin
Villanova Law Review (1956 - )
No abstract provided.
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Film Censorship: The American And British Experience, Robert J. Klein
Film Censorship: The American And British Experience, Robert J. Klein
Villanova Law Review (1956 - )
No abstract provided.
Administrative Inspections And The Right Of Privacy: The Frank Compromise, William T. Define
Administrative Inspections And The Right Of Privacy: The Frank Compromise, William T. Define
Villanova Law Review (1956 - )
No abstract provided.