Administrative Law Commons^™

Should Ambiguous Revenue Laws Be Interpreted In Favor Of Taxpayers?, Steve R. Johnson

Scholarly Publications

There was a time when courts construed, or said that they construed, ambiguous federal tax statutes in favor of taxpayers. That time is long past. Or is it? This article examines whether, because of a recent Supreme Court case, the pro-taxpayer constructional preference may be resuscitated, and whether it should be.

After "Hiding The Ball" Is Over: How The Nlrb Must Change Its Approach To Decision-Making, Michael Hayes

All Faculty Scholarship

Is the National Labor Relations Board (the NLRB or the Board), the agency that oversees federal labor law, still relevant? When this question is considered, as it frequently is by scholars, lawyers and officials of the NLRB itself, the focus typically is on whether changes in the workplace, the economy and society are diminishing the relevance of the Board. But there is a new and more immediate threat to the relevance of the Board that so far has been mostly ignored - that the Board is in danger of being rendered a superfluous legal institution in the scheme of American …

Regulatory Accounting: Costs And Benefits Of Federal Regulations: Testimony Before The H. Subcomm. On Energy Policy, Natural Resources, And Regulatory Affairs, Of The H. Comm. On Government Reform, Hearing On Regulatory Accounting, 107th Cong., Mar. 12, 2002 (Statement Of Lisa Heinzerling, Prof. Of Law, Geo. U. L. Center), Lisa Heinzerling

Testimony Before Congress

No abstract provided.

Appeal No. 0701: American Insurance Co. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-13

Appeal No. 0703: James & Mary Riordan V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-37 (Mandatory Pooling)

Appeal No. 0674: Pottmeyer Oil & Gas V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 99-113

Appeal No. 0689: Ohio Valley Coal Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 27503

Appeal No. 0699: C & M Gas And Oil V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-6

Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison

Scholarly Articles

None available.

The Good, The Bad, And The Ugly In Post-Drye Tax Lien Analysis, Steve R. Johnson

Scholarly Publications

No abstract provided.

Cognitive Loafing, Social Conformity, And Judicial Review Of Agency Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Direct Judicial Review Of Pto Decisions: Jurisdictional Proposals, Thomas G. Field Jr

Law Faculty Scholarship

Judicial review of U.S. Patent and Trademark Office ("PTO") decisions is complex-- perhaps more than that of any other agency. One source of complexity is that courts review its decisions both collaterally and directly.

One goal of this article is to map possible routes to judicial review and suggest strategies for avoiding jurisdictional uncertainties and delay. The core thesis of this article, however, is that parties should not need to cope with arcane review schemes. Direct PTO review can and ought to be simplified. This can be accomplished by adjusting the Federal Circuit's original and appellate jurisdiction.

Chevron Deference To The Uspto At The Federal Circuit, Thomas G. Field Jr.

Law Faculty Scholarship

Courts have long deferred to agency views of law, but they have also often refused. The Federal Circuit, too, defers on some occasions but not others. This paper examines the apparent inconsistency in its cases.

A Game-Theoretic Approach To Regulatory Negotiation And A Framework For Empirical Analysis, Shi-Ling Hsu

Scholarly Publications

For at least two decades, federal agencies have departed from their traditional role as top-down regulators, and have engaged regulated parties in negotiations regarding matters that were previously either handed down as edict or resolved in quasi-judicial agency proceedings. It is no accident that the increase in agency use of more conciliatory negotiation-oriented strategies coincides with a steady increase in skepticism regarding the effectiveness of regulation at the federal level and demands for less federal control and more state and local control. In this setting, federal agencies have become more inclusive and less adversarial towards regulated parties and other stakeholders, …

Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe

Oklahoma Law Review

No abstract provided.

Has The Field Grown Too Complex For A State-Specific "Handbook" On Environmental Law? (Reviewing The Government Institute's South Carolina Environmental Law Handbook (3rd Ed. 2000)), Kim Diana Connolly

Book Reviews

No abstract provided.

The Washington Equal Access To Justice Act: A Substantial Proposal For Reform, D. Greg Blankinship

Washington Law Review

Under the Washington Administrative Procedures Act, a party can challenge an agency action in superior court. The Washington Legislature adopted the Equal Access to Justice Act, which provides fees to qualified parties that prevail in judicial reviews of agency actions, to encourage individuals and small businesses to oppose unjust agency actions. The effectiveness of this fee-shifting provision is significantly limited because awards are not authorized when a court decides that the agency action is substantially justified. The legislature should remove this limitation. Where the agency action involves factual determinations or the interpretation of statutes or regulations within the expertise of …

The Proof Is In The Policy: The Bush Administration, Nonpoint Source Pollution, And Epa's Final Tmdl Rule, R. Bryant Mcculley

Washington and Lee Law Review

No abstract provided.

Pathways To Juvenile Detention Reform: Reducing Racial Disparities In Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg

Research Reports & White Papers

Many years ago, Jim Casey, a founder and long-time CEO of the United Parcel Service, observed that his least prepared and least effective employees were those unfortunate individuals who, for various reasons, had spent much of their youth in institutions or who had been passed through multiple foster care placements. When his success in business enabled him and his siblings to establish a philanthropy (named in honor of their mother, Annie E. Casey), Mr. Casey focused his charitable work on improving the circumstances of disadvantaged children, in particular by increasing their chances of being raised in stable, nurturing family settings. …

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.

Broward V. Environmental Protection Agency: Cercla's Bar On Pre-Enforcement Review Of Epa Cleanups Under Section 113(H), Robert G. Ruggieri

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rulemaking, Michael Herz

Articles

No abstract provided.

The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.

Faculty Scholarship

One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …

Cognitive Psychology And Optimal Government Design, Jeffrey J. Rachlinski, Cynthia R. Farina

Cornell Law Faculty Publications

Getting Beyond Cynicism: New Theories Of The Regulatory State. Foreword: Post-Public Choice?, Cynthia R. Farina, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Administrative Adjudication In Kentucky: Ethics And Unauthorized Practice Considerations, Richard H. Underwood

Law Faculty Scholarly Articles

This article is an extended version of a presentation I made at a training course for hearing officers sponsored by the Office of the Attorney General, Division of Administrative Hearings. In my original presentation, I was asked to focus on the ethics of the administrative adjudicator. I was asked to answer some specific questions, which I will include here for the reader's benefit. In this more complete treatment, I would also like to discuss the ethics of lawyers and other representatives appearing before administrative agencies.

The Kentucky Courts had begun to "judicialize" the administrative hearing process in the early 1970's, …

Disciplining Delegation After "Whitman V. American Trucking Ass'ns", Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

The Supreme Court's recent reversal of the D.C. Circuit's decision in "Whitman v. American Trucking Ass'ns" brings to center stage the critical question for disciplining delegation of lawmaking authority to administrative agencies: Should courts use constitutional law or administrative law for requiring agencies to supply the standards that guide and limit their lawmaking discretion when Congress does not? Professor Bressman argues that "Ashwander v. TVA" provides a resolution. In Ashwander, Justice Brandeis directed courts to refrain from deciding constitutional questions unless absolutely necessary to decide a particular case. Following Justice Brandeis' now famous teaching, courts should refrain from using constitutional …

Environmental Supra-Nationalism, Mark A. Drumbl

Washington and Lee Law Review

No abstract provided.

The Anti-Ballistic Missile Treaty Debate: Time For Some Clarification Of The President's Authority To Terminate A Treaty, Joshua P. O'Donnell

Vanderbilt Journal of Transnational Law

This Note explores the legal issues surrounding a president's legal authority to unilaterally withdraw from a treaty. This Note argues that, while international legal issues surrounding treaty termination are not controversial, the domestic legal issues surrounding the president's authority to terminate a treaty are heavily disputed. An analysis of these domestic legal issues does not resolve the controversy. Instead, this Note argues that a functional analysis is required. This functional analysis reveals that the president should have the power to unilaterally terminate a treaty because it maintains foreign policy effectiveness. The Note then argues that the Senate, which informally recognizes …

Administrative Decisions And Materials, Cheryl Rae Nyberg

Librarians' Chapters in Books

• Introduction
• Administrative Agencies' Functions and Procedures
• Multi-Agency Sources of Administrative Decisions
• Agency-Specific Sources
• Databases
• Administrative Agency Decisions at a Glance