Administrative Law Commons^™

On The Hijacking Of Airplanes (And Agencies): The Faa, "Agency Capture," And Airline Security, Mark C. Niles

Faculty Publications

(Excerpt)

On September 11, 2001, millions of Americans watched in awe and horror as over a period of less than two hours, a succession of commercial airliners crashed first into the two World Trade Center towers in New York City, and then into the Pentagon in suburban Virginia. As government officials and news organizations scrambled in the first hours after the events to gather information, possible explanations for the crashes were offered. One theory was the obvious assumption that the planes had all been hijacked by "terrorists" using some kind of weapons (guns, bombs) that had presumably been smuggled onto …

Blackletter Statement Of Federal Administrative Law: Standing, Cynthia R. Farina

Cornell Law Faculty Publications

No abstract provided.

Strengthening Access To Information And Public Participation In Transition Countries - Latvia As A Case Study In Administrative Law Reform, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Judicial And Legislative Checks On Ex Parte Omb Influence Over Administrative Rulemaking, William D. Araiza

Faculty Scholarship

No abstract provided.

Updating Deference: The Court’S 2001-2002 Term Sows More Confusion About Chevron, William S. Jordan Iii

Akron Law Faculty Publications

This article critically examines the U.S. Supreme Court’s treatment of Chevron deference during its 2001–2002 Term, arguing that the Court has introduced greater uncertainty into an already complex doctrine. William S. Jordan III analyzes several key cases from the term, demonstrating inconsistent applications of Chevron's two-step framework and highlighting the judiciary's lack of clarity in distinguishing between questions of law and agency discretion. He contends that the Court’s wavering approach undermines the predictability and coherence of administrative law. The article explores implications for environmental regulation and statutory interpretation, noting how judicial confusion affects agencies' ability to implement statutes effectively. Jordan …

Breaking Bureaucratic Borders: A Necessary Step Toward Immigration Law Reform., Lenni B. Benson

Articles & Chapters

No abstract provided.

The Humbugs Of The Anti-Regulatory Movement, Lisa Heinzerling, Frank Ackerman

Georgetown Law Faculty Publications and Other Works

It is so hard to get beyond cynicism these days. Even a symposium devoted to this goal has, as reflected in the articles by Professors Cynthia Farina, Jeffrey Rachlinski, and Mark Seidenfeld, succeeded primarily in suggesting that regulators are not so much selfish as they are obtuse, stubborn, and sometimes downright dumb. Undoubtedly this is true some of the time. But Farina, Rachlinski, and Seidenfeld want to convince us that it is true enough of the time to warrant quite large-scale solutions. In this Comment, we take issue with this pessimistic assessment of regulatory behavior by discrediting the most prominent …

Controlling Toxic Harms: The Struggle Over Dioxin Contamination In The Pulp And Paper Industry, William Boyd

Publications

This essay addresses the challenges of controlling toxic harms through an intensive case study of efforts to regulate and remedy dioxin contamination in the U.S. pulp and paper industry. By focusing on the struggle to control a specific toxic harm in a specific industrial sector, the essay explores the politicized nature of toxic harms in the United States and, in the process, highlights the considerable shortcomings of existing legal frameworks and institutions for dealing with problems of such scope and complexity. In doing so, the essay raises a host of normative issues regarding current institutional arrangements and the appropriate strategy …

On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, "Agency Capture," And Airline Security , Mark C. Niles

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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.

Analisis Perlaksanaan Siasah Syar'iyyah Di Bahagian Penguatkuasaan, Jabatan Undang-Undang, Majlis Bandaraya Shah Alam (Mbsa), Kajian Dari Tahun 1997-2000, Khairul Faezi Mohd Said

Student Works (2000-2009)

This thesis discusses on an aspect of analysis on the enforcement of "Siyasah, Syar'iyyah"  specifically behind the enforcement actions taken by the enforcement board. Enforcement duties that are carried out by particular board is a normal phenomenon in Islamic Administration System. "Siyasah, Syar'iyyah" is a method introduced by Islam to ease and guide the administration process of a country in which it provides guidelines that must be followed or obeyed by the administrator to ensure that all policies, laws and action taken by the government really abide by the Syariah Rules. ln general, this survey is to look objectively how …

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

Articles

The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power.

The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses …

Fmla Notice Requirements And The Chevron Test: Maintaining A Hard-Fought Balance, Shay E. Zeemer

Vanderbilt Law Review

The Family and Medical Leave Act of 1993 ("FMLA" or "the Act"), an act that extends twelve weeks leave to employees for certain medical and family situations, seemed like a panacea for the everyday battles employees face in balancing work and family needs.' At last, the Act's supporters thought, an employee can take time off to care for a loved one, or have a child, and return to find his or her job intact. In the eight years since its enactment, how- ever, the FMLA finds employees and employers alike disillusioned, uncertain about rights and obligations, and still fighting to …

Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin

Scholarly Works

No abstract provided.

The Taming Of The Precautionary Principle, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Washington, Patton, Schwarzkopf And Ashcroft?, Michael Herz

Articles

No abstract provided.

The Mead Doctrine: Rules And Standards, Meta-Rules And Meta-Standards, Thomas W. Merrill

Faculty Scholarship

United States v. Mead Corp. is the U.S. Supreme Court's most important pronouncement to date about the scope of the Chevron doctrine. According to Justice Scalia's dissenting opinion, Mead is "one of the most significant opinions ever rendered by the Court dealing with the judicial review of administrative action." Justice Scalia also thought that the consequences of "the Mead doctrine," as he called it, "will be enormous, and almost uniformly bad."

Justice Scalia's indictment of Mead was driven by his attachment to rules and dislike of standards. He saw Mead as shifting the practice of deference away from the …

Agency Rules With The Force Of Law: The Original Convention, Thomas W. Merrill, Kathryn Tongue Watts

Faculty Scholarship

The Supreme Court recently held in United States v. Mead Corp. that agency interpretations should receive Chevron deference only when Congress has delegated power to the agency to make rules with the force of law and the agency has rendered its interpretation in the exercise of that power The first step of this inquiry is difficult to apply to interpretations adopted through rulemaking, because often rulemaking grants authorize the agency to make "such rules and regulations as are necessary to carry out the provisions of this chapter" or words to that effect, without specifying whether "rules and regulations" encompasses rules …

Bargaining In The Shadow Of Administrative Procedure: The Public Interest In Rulemaking Settlement, Jim Rossi

Vanderbilt Law School Faculty Publications

This article addresses problems associated with settlement of appeals of legislative rules adopted by administrative agencies. Settlement is a common and important tool for avoiding litigation, but it also raises potential problems for administrative law. In particular, to the extent that an appellate litigation posture poses a principal/agent gap, an agency's incentives to settle may lead it to abandon its public interest goals, otherwise protected by statutory mandates as well as administrative procedures. The problem is most salient when an agency agrees to a substantive policy position in a settlement, committing the agency to later implement a policy course. To …

Discovery In Summary Assessment Proceedings, Steve R. Johnson

Scholarly Publications

When the collection of tax could be imperiled by going through the usual deficiency procedures, the IRS may make a jeopardy assessment or a termination assessment (hereinafter sometimes called “summary assessment”) and proceed immediately to collection. To prevent the misuse of this power, section 7429 provides affected taxpayers expedited administrative and judicial review. The IRS has made tens of thousands of jeopardy and termination assessments over the years, and there are hundreds of court decisions in litigated section 7429 cases.

The unique nature of jeopardy and termination assessments makes section 7429 proceedings very different from typical tax litigation. This article …

Petition For A Writ Of Certiorari, Minority Media And Telecommunications Council V. Md/Dc/De Broadcasters Ass'n, No. 01-639 (U.S. Oct. 17, 2001), Angela J. Campbell, Amy S. Wolverton

U.S. Supreme Court Briefs

No abstract provided.

Escaping The Common Law's Shadow: Standing In The Light Of Laidlaw, Robert V. Percival, Joanna B. Goger

Faculty Scholarship

No abstract provided.

Revoking Your Citizenship: Minimizing The Likelihood Of Administrative Error, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Statutory Regulations Of Midwives: A Study Of California Law, Julie Harmon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Petition For A Writ Of Certiorari, Time Warner Entertainment Co. V. F.C.C., No. 01-223 (U.S. Aug. 08, 2001), Fernando Bohorquez, Jr., Angela J. Campbell

U.S. Supreme Court Briefs

No abstract provided.

Wallace V. Egged, Eliezer Rivlin, Aharon Barak, Jacob Turkel

Translated Opinions

Facts: On August 30, 1995, while the appellant was waiting for a bus at an Egged bus station, the respondent no. 2 and his friends beat up the appellant. Passersby came to the appellant’s aid but he suffered serious injuries and required hospitalization. Respondent no. 2 was convicted in the Magistrates Court in Jerusalem of an offense according to section 380 of the Penal Law 5737-1977. The appellant filed a lawsuit against Egged and respondent no. 2 for damages, claiming against Egged negligence and breach of a statutory duty. The Magistrates Court summarily dismissed the appellant’s lawsuit for failure to …

Textualism’S Limits On The Administrative State: Of Isolated Waters, Barking Dogs, And Chevron, Michael P. Healy

Law Faculty Scholarly Articles

In Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, the U.S. Supreme Court recently held that the U.S. Army Corps of Engineers (the Corps) does not have authority under the Clean Water Act (the Act or the CWA) to regulate the filling of “other waters.” This decision demonstrates a major shift in the Court's approach to statutory interpretation, particularly in the context of reviewing an agency’s understanding of a statute. The significance of the case is best gauged by contrasting it with United States v. Riverside Bayview Homes, Inc. There, the Court, acting …

3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Association For Civil Rights In Israel V. State Of Israel, Itzchak Zamir, Mishael Cheshin, Dorit Beinisch

Translated Opinions

Facts: In this petition, the petitioner, the Association for Civil Rights in Israel, asked the Court to direct the Government of Israel, the Minister of National Infrastructures, and the Minister of Finance to nullify the appointment of some of the representatives on behalf of the Government in the Israel Lands Council and to appoint in their stead, Arabs as members of the Council.

Held: The court analyzed the substance and applicability of the principle of equality and decided that given that the Government is to appoint an additional six representatives on its behalf as members of the Council, the order …

Hybrid Organizations And The Alignment Of Interests: The Case Of Fannie Mae And Freddie Mac, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article explores the political influence of government-sponsored enterprises (GSEs). Using Congress's overhaul of the regulatory infrastructure for Fannie Mae and Freddie Mac as a case study, the article presents two principal findings: (1) The characteristics that distinguish government-sponsored enterprises from traditional government agencies and private companies endow Fannie Mae and Freddie Mac with unique political resources; and (2) the alignment of interest groups around Fannie Mae and Freddie Mac is subject to strategic manipulation by the GSEs. A triangular model of this alignment is proposed and employed to analyze the legislative outcome. The case has implications for students of …