Administrative Law Commons^™

The Birth Of A Logical System: Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster

ExpressO

Much of what we recognize as contemporary administrative law emerged during the 1920s and 1930s, a period when a group of legal academics attempted to aid Progressive Era and New Deal regulatory efforts by crafting a legitimating system for the federal administrative state. Their system assigned competent, expert institutions—most notably administrative agencies and the judiciary—well-defined roles: Agencies would utilize their vast, specialized knowledge and abilities to correct market failures, while courts would provide a limited but crucial oversight of agency operations. This Article focuses both on this first generation of administrative law scholarship, which included most prominently Felix Frankfurter and …

Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family

ExpressO

This article examines a statute that may embody another limit on the power of the federal courts. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) implemented sweeping changes that substantially restrict federal court review of administrative immigration decisions. One provision implemented as a part of IIRIRA, 8 U.S.C. § 1252(f)(1), appears, at least at first glance, to prohibit courts from issuing class-wide injunctive relief in immigration cases. Such a restriction would be significant because federal courts have issued class-wide injunctions in the past to stop unconstitutional immigration practices and policies of the federal government. The Supreme Court …

Procedural Justice, Lawrence B. Solum

ExpressO

The real work of procedure is to guide conduct. It is sometimes said that the regulation of primary conduct is the work of the general and abstract norms of substantive law—clauses of the constitution, statutes, regulations, and common law rules of tort, property, and contract. But substance cannot effectively guide primary conduct without the aid of procedure. This is true because of three problems: (1) the problem of imperfect knowledge of law and fact, (2) the problem of incomplete specification of legal norms, and (3) the problem of partiality. The solution to these problems is particularization by a system of …

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

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

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

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

Supreme Court Preview

No abstract provided.

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

Articles

No abstract provided.

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

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.

Supreme Court Case Files

No abstract provided.

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

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

Villanova Law Review (1956 - )

No abstract provided.

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.

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

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.

Supreme Court Case Files

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.