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Articles 8161 - 8190 of 14102

Full-Text Articles in Administrative Law

A Model For Emergency Service Of Voip Certification And Labeling, Tom Lookabaugh, Patrick S. Ryan, Douglas C. Sicker Jan 2006

A Model For Emergency Service Of Voip Certification And Labeling, Tom Lookabaugh, Patrick S. Ryan, Douglas C. Sicker

Federal Communications Law Journal

The diffusion of VoIP technology promises revolutionary changes to a century old model of voice telephony. Though these changes bring extraordinary opportunities, they also bring challenging policy implications for businesses and regulators. In this Article, the Authors examine the technical difficulties of providing the same quality and dependability of emergency services in VoIP based telephony as consumers have come to expect from PSTN-based telephone networks. Given the technical complexity and heterogeneity of VolP, the Authors propose industry self-regulation through an advanced certification framework as a more effective alternative to direct government regulation. After surveying a number of successful self-regulatory regimes, …

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Costs And Consequences Of Federal Telecommunications Regulations, Jerry Ellig Jan 2006

Costs And Consequences Of Federal Telecommunications Regulations, Jerry Ellig

Federal Communications Law Journal

Federal regulation of telecommunication profoundly affects United States consumers, determining what services are priced above and below cost, what kinds of technologies and services are offered and when, and what firms are allowed to compete. In this Article, the Author surveys the voluminous literature on the economic costs and outcomes of these regulations, focusing predominantly on the effects of regulation on prices, quantity, quality of service, and overall consumer and social welfare. The Author estimates costs and assesses outcomes for ten types of federal telecommunications regulated activity: telecommunications regulatory spending, long-distance access charges, universal service funding, local number portability, enhanced …

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The Continuing Role Of State Policy, Jeffrey A. Hart Jan 2006

The Continuing Role Of State Policy, Jeffrey A. Hart

Federal Communications Law Journal

A review of Hernan Galperin's New Television, Old Politics: The Transition to Digital TV in the United States and Britain, Cambridge University Press, 2004. Based on comparative case studies in Britain and the United States, this book analyzes the transition to digital television in both countries, considers governmental regulatory strategies, and focuses on the impact of various factors, including political influence and market and technological changes.

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Why Stovepipe Regulation No Longer Works: An Essay On The Need For A New Market-Oriented Communications Policy, Randolph J. May Jan 2006

Why Stovepipe Regulation No Longer Works: An Essay On The Need For A New Market-Oriented Communications Policy, Randolph J. May

Federal Communications Law Journal

In the ten years since the 1996 Telecommunications Act, the telecommunications industry has undergone profound technological and marketplace changes. May argues that the "techno-functional constructs" of the statute regulate services based on increasingly obsolete definitions. This Article argues that those changes have undermined the "stovepipe" regulatory scheme of the 1996 Act. In an increasingly diverse and competitive marketplace, the "stovepipe" model of regulation should be left in the dustbin of history. Instead, May argues that a new market-oriented regulatory regime focusing on consumer welfare through the application of antitrust principles should form the basis of a new regulatory model.

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Measuring Media Market Diversity: Concentration, Importance, And Pluralism, Brian C. Hill Jan 2006

Measuring Media Market Diversity: Concentration, Importance, And Pluralism, Brian C. Hill

Federal Communications Law Journal

The Third Circuit's rejection of the FCC's application of its Diversity Index in setting Cross-Media Limits in Prometheus Radio Project v. FCC represented a significant setback for the FCC's media ownership policies. This Article argues that the FCC's Diversity Index is fatally flawed because it fails to simultaneously account for two assumptions shared by the FCC and the Third Circuit: diversity in a media market increases with ownership concentration, and an individual entity's contribution to diversity increases with the weighted market shares of that entity's outlets. The Author proposes an alternative index that does satisfy both assumptions before applying the …

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Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston Jan 2006

Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston

Federal Communications Law Journal

In this Article, the Authors propose sweeping changes to the current telecommunications regulatory regime. With impending reform in telecommunications laws, the Authors argue that an important first step is the creation of a bipartisan, independent commission to examine and recommend implementation of more market-oriented communications policy. Through maximizing the operation of the markets, the authors argue that communications policy will better serve its goals of increasing business productivity and consumer welfare through the better services and lower prices. Important steps to achieve optimal market operation include deregulating retail prices where multifirm competition is available, minimizing the cost of public property …

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Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier Jan 2006

Prison Rape Elimination Act: Implications For Sheriffs: The Facts, Brenda V. Smith, Susan Mccampbell, Pam Cole, Margo Frasier

Presentations

This brochure explains the impact of the Prison Rape Elimination Act (PREA) on jails. Topics discussed include: what PREA is; how PREA applies to jails; the purpose of PREA; what jails need to be doing; and answers to frequently asked questions.

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The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman Jan 2006

The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman

Fordham Urban Law Journal

The Article traces the issue of lack of representation given small business during rule-making, and the inability of the original Regulatory Flexibility Act (RFA) to adequately address this issue. It argues that the amendment of the RFA by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) has significantly increased small business awareness of and involvement in the regulatory process. It concludes there are several remaining weaknesses to the RFA, and recommends Congress take action to compel all agencies to follow specific procedures for assessing the economic impacts of their regulatory actions on small business.

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Agency Activism As A New Way Of Life: Administrative Modification Of The Internal Revenue Code Through Limited Issue Focused Examinations, W Edward Afield Jan 2006

Agency Activism As A New Way Of Life: Administrative Modification Of The Internal Revenue Code Through Limited Issue Focused Examinations, W Edward Afield

Faculty Publications By Year

In the name of increasing efficiency and better utilizing limited resources, the IRS has begun to adopt audit policies that overly favor taxpayers and greatly hinder the IRS’s ability to perform thorough audits. Highlighting this trend is a relatively new audit technique used by the Large to Mid-Size Business Division (LMSB), known as the Limited Issue Focused Examination (LIFE) Process. Under LIFE, the LMSB has attempted to involve taxpayers in the audit process by sharing responsibility for timely completion of the audit and has attempted to streamline the audit by reducing the scope of issues examined and applying materiality thresholds …

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Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene Jan 2006

Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene

Faculty Articles and Papers

With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines - the U.S. federal antitrust merger guidelines - and finds that these guidelines have acted as …

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Antidiscrimination Law In The Administrative State, Julie C. Suk Jan 2006

Antidiscrimination Law In The Administrative State, Julie C. Suk

Articles

The article argues that antidiscrimination law in the U.S. should shift its focus from corrective justice, which addresses individual wrongs, to distributive justice, which aims to eradicate systemic inequalities and promote equal opportunities. This shift would require enhancing the role of administrative agencies, such as the EEOC, to enforce antidiscrimination laws more effectively through proactive regulation and rulemaking. The article draws on the British model, where administrative agencies have stronger enforcement powers, to suggest reforms for the EEOC.

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The Unbearable Lightness Of Regulatory Costs, Frank Ackerman Jan 2006

The Unbearable Lightness Of Regulatory Costs, Frank Ackerman

Fordham Urban Law Journal

The Article counters the presumption that increased environmental regulation necessarily decreases economic prosperity. It analyzes the European chemical regulatory structure and deduces that any costs imposed on the consumer are minimal, and more cost effective than watered-down American regulations covering the same subject matter with approximately the same cost imposed on the consumer-taxpayer. It argues the Office of Management and Budget and regulated industries have consistently overestimated the costs of environmental regulation and promoted the theory that environmental regulation causes factories and jobs to move offshore. It concludes that deregulation may not spur growth.

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Statutory Interpretation In The Era Of Oira, Lisa Heinzerling Jan 2006

Statutory Interpretation In The Era Of Oira, Lisa Heinzerling

Fordham Urban Law Journal

The Article is a case study regarding a rule governing cooling water towers for power plants promulgated pursuant to the Clean Water Act ("CWA"). It analyzes the history of the Office of Information and Regulatory Affairs ("OIRA") within the Office of Management and Budget ("OMB"), and its influence in compelling the Environmental Protection Agency ("EPA") to conduct cost-benefit analysis of all regulations. It argues that the EPA should not receive Chevron deference since it has acted illegally by interpreting the CWA not as a technology-based environmental law, but instead as a cost-benefit law.

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Willful Blindness: Federal Agencies' Failure To Comply With The Regulatory Flexibility Act's Periodic Review Requirement-And Current Proposals To Invigorate The Act, Michael R. See Jan 2006

Willful Blindness: Federal Agencies' Failure To Comply With The Regulatory Flexibility Act's Periodic Review Requirement-And Current Proposals To Invigorate The Act, Michael R. See

Fordham Urban Law Journal

The Article first explains the basic requirements of the Regulatory Flexibility Act, and in particular focuses on the periodic review requirement contained in Section 610. It traces the history of Presidential efforts through the promulgation of executive orders to delay the implementation of regulations and require agencies to consult with regulated industries. Reviewing agency action from 1997-2005 following Section 610 review, it found agencies are confused as to when review is necessary, and, though Section 610 is meant to decrease the regulatory burden on small business, agencies often increase the regulatory burden on small business. It concludes the key problem …

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The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland Jan 2006

The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland

Fordham Urban Law Journal

The Article describes the role of the Office of Information and Regulatory Affairs (OIRA), an office within the Office of Management and Budget (OMB), in reviewing agencies' draft rules. It emphasizes the dramatic effect each Presidential administration has had on the OIRA's review process, and indirectly on all agency action. It finds OIRA has become a "gatekeeper" with regard to agency action, but mentions that scholarly debate continues as to whether OIRA represents the President's interests exclusively or both the often conflicting interests of Congress and the President.

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Cost-Benefit Analysis: Where Should We Go From Here?, Sally Katzen Jan 2006

Cost-Benefit Analysis: Where Should We Go From Here?, Sally Katzen

Fordham Urban Law Journal

The Article addresses the criticism of cost benefit analysis (CBA). Although it accepts the monetization of costs will generally oppose regulation, it finds CBA is at least close to an objective standard. It argues the results of CBA are informative, but are not dispositive, and often the procedures used in CBA are imperfect. It concludes financial resources should be devoted to retrospective analyses and/or organization studies in order to achieve rational regulatory decision making.

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The Irrational Auditor And Irrational Liability, Adam C. Pritchard Jan 2006

The Irrational Auditor And Irrational Liability, Adam C. Pritchard

Articles

This Article argues that less liability for auditors in certain areas might encourage more accurate and useful financial statements, or at least equally accurate statements at a lower cost. Audit quality is promoted by three incentives: reputation, regulation, and litigation. When we take reputation and regulation into account, exposing auditors to potentially massive liability may undermine the effectiveness of reputation and regulation, thereby diminishing integrity of audited financial statements. The relation of litigation to the other incentives that promote audit quality has become more important in light of the sea change that occurred in the regulation of the auditing profession …

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Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller Jan 2006

Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller

Articles

International law-making by sub-national actors and regulatory networks of bureaucrats has come under attack as lacking in accountability and legitimacy. Global administrative law is emerging as an approach to understanding what international organizations and national governments do, or ought to do, to respond to the perceived democracy deficit in international law-making. This article examines the Basel Committee on Banking Supervision, a club of central bankers who meet to develop international banking capital standards and to develop supervisory guidance. The Basel Committee embodies many of the attributes that critics of international law-making lament. A closer examination, however, reveals a structure of …

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The Accardi Principle, Thomas W. Merrill Jan 2006

The Accardi Principle, Thomas W. Merrill

Faculty Scholarship

This article is organized as follows. Part I reviews the history of the Accardi principle in the Supreme Court. We learn that the Court has intimated three different theories about the source of the Accardi principle, and has left many questions about its dimensions unanswered. Part II surveys the use of the principle by the D.C. Circuit. This provides additional insights into how the Accardi principle works in practice, including the importance of questions about the meaning of agency regulations and whether agency regulations can render otherwise unreviewable agency action subject to judicial review. Part III seeks to restate the …

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Rulemaking In The Ages Of Globalization And Information: What America Can Learn From Europe, And Vice Versa, Peter L. Strauss Jan 2006

Rulemaking In The Ages Of Globalization And Information: What America Can Learn From Europe, And Vice Versa, Peter L. Strauss

Faculty Scholarship

This Article stems from a project on European Union Administrative Law undertaken by the American Bar Association's Section on Administrative Law and Regulatory Practice. It explores the generation of normative texts by the Commission of the European Union, its executive body, from the perspective of Americans familiar with notice and comment rulemaking. Legislative drafting (an exclusive responsibility of the Commission), subordinate measures corresponding to American rules and regulations, and soft law generated by the Commission are all considered In creating legislative proposals, the Commission uses techniques quite like American rulemaking, but with consultative practices (including electronic consultations) that seem more …

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Is There A Steroids Problem - The Problematic Character Of The Case For Regulation, Lewis Kurlantzick Jan 2006

Is There A Steroids Problem - The Problematic Character Of The Case For Regulation, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

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The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker Jan 2006

The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker

Faculty Articles and Papers

Over the past few years the debate over the economic rationality of health, safety and environmental regulation has morphed into a sustained controversy over the tests and methods by which that rationality is judged. Critics have argued that the main regulatory scorecards which comprise much of the empirical foundation for the regulatory reform movement are fundamentally flawed because they: alter agency estimates of future costs and benefits; disregard most uncertainties; and misrepresent ex ante guesses as the costs and benefits of regulation. They also zero out whole categories of benefits that cannot be quantified and/or monetized even when the benefits …

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Is Cost-Benefit Analysis Neutral, David M. Driesen Jan 2006

Is Cost-Benefit Analysis Neutral, David M. Driesen

University of Colorado Law Review

Cost-benefit analysis (CBA) owes much of its appeal to its image as a neutral principle for deciding upon the appropriate stringency of environmental, health, and safety regulation. This Article examines whether CBA is neutral in effect-i.e. whether it sometimes makes regulations more stringent or regularly leads to weaker environmental, health, and safety protection. Using a representative data set from recent Office of Management and Budget (OMB) reviews, an examination of OMB prompt letters, and a literature review, this Article shows that CBA has almost always proven anti-environmental in practice. It also shows that the most common approaches to CBA are …

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“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” One To Seven, Michael Sinclair Jan 2006

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” One To Seven, Michael Sinclair

NYLS Law Review

No abstract provided.

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Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart Jan 2006

Skepticism And Expertise: The Supreme Court And The Eeoc, Melissa Hart

Publications

The Supreme Court regularly denies deference to the Equal Employment Opportunity Commission's interpretations of the federal antidiscrimination laws which that agency is charged with enforcing and interpreting. The Court's lack of deference for EEOC interpretation is in part a function of the analytical framework that the Court has created for assessing the deference due to different types of administrative interpretation. But this essay argues that the Court's lack of deference cannot be entirely explained with reference to these neutral analytical criteria. The Court's attitude toward the EEOC may also be explained as a consequence both of judicial reluctance to view …

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A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser Jan 2006

A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser

Publications

This article captures the effort of the Digital Age Communications Act (DACA) to craft a new framework for the federal-state relationship in implementing a next generation telecommunications regulatory regime. In particular, it sets forth a DACA model that would implement a "rule of law" regulatory paradigm for an era of technological dynamism. This era requires, as the article explains, a coherent federal framework that circumscribes the role of state and local authorities so as to advance sound competition policy goals. The sole exception to this policy is the recognition that a basic local service rate retains both political and practical …

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The Ducks Stop Here? The Environmental Challenge To Federalism, Jonathan H. Adler Jan 2006

The Ducks Stop Here? The Environmental Challenge To Federalism, Jonathan H. Adler

Faculty Publications

PIn Solid Waste Association of Northern Cook County v. U.S. Army Corps of Engineers ("SWANCC"), the Supreme Court considered whether federal regulatory authority reaches isolated wetlands and ponds due to the potential presence of migratory birds. In rejecting such an expansive view of federal authority, the Court's majority underlined its devotion to the federalism principles enunciated in Lopez and other recent cases. The federalist majority further reiterated its support for a canon of statutory construction which holds that federal statutes will not be interpreted to intrude into state matters, such as local land-use control, absent a clear statement by Congress. …

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Separating The Criminals From The Community: Procedural Remedies For “Innocent Owners” In Public Housing Authorities, Sarah N. Kelly Jan 2006

Separating The Criminals From The Community: Procedural Remedies For “Innocent Owners” In Public Housing Authorities, Sarah N. Kelly

NYLS Law Review

No abstract provided.

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Bahnken V. New York City Fire Department, Bryanne Kelleher Jan 2006

Bahnken V. New York City Fire Department, Bryanne Kelleher

NYLS Law Review

No abstract provided.

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Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr. Jan 2006

Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.

NYLS Law Review

No abstract provided.

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