Administrative Law Commons^™

The Challenge Of Teaching Administrative Law, Mark Seidenfeld

Scholarly Publications

No abstract provided.

1999 Amendments To The Florida Administrative Procedure Act: Phantom Menace Or Much Ado About Nothing?, David M. Greenbaum, Lawrence E. Sellers, Jr.

Florida State University Law Review

No abstract provided.

A Table Of Requirements For Federal Administrative Rulemaking, Mark Seidenfeld

Florida State University Law Review

No abstract provided.

A Table Of Requirements For Administrative Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson

Scholarly Publications

The taxpayer rights movement has been a driving force of tax legislation and administration for over a decade. It has produced the Taxpayer Bill of Rights (TBOR) in 1988, the Taxpayer Bill of Rights 2 (TBOR2) in 1996, the Taxpayer Bill of Rights 3 (TBOR3) in 1998, lesser statutory initiatives, and an array of important administrative changes by the Service. While the future of the movement can be debated, it is clear that, for now, it remains a force to be reckoned with in tax policy.

This article advances a proposal to extend and complete one thrust of the taxpayer …

Agency Adjudication, The Importance Of Facts And The Limitations Of Labels, William D. Araiza

Faculty Scholarship

No abstract provided.

An Apology For Administrative Law In A Contracting State, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Do Chemicals Found In Plastic Toys Pose A Threat To The Children Who Play With Them? The European Community's Attempt To Regulate The Use Of Chemical Plasticizers, Patrick J. Jennings

Penn State International Law Review (1982 - 2011)

No abstract provided.

Established By Practice: The Theory And Operation Of Independent Federal Agencies, Marshall J. Breger, Gary J. Edles

Scholarly Articles

Over the years numerous articles have surveyed the indicia of independence and the place of independent agencies within a separation of powers framework. In this article, we review the structure and internal operations of independent agencies, note several similarities and differences among them, and address various recurring issues affecting them. We further consider the future of this regulatory form as we enter the new millennium. We focus on agencies-whether multi-member or not-where at least one individual is appointed by the President to a full-time, fixed-term position with the advice and consent of the Senate and has protection against summary removal …

Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher

Seattle University Law Review

This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor …

State Bar Of California, Charlotte Wilder, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

The False Promise Of The "New" Nondelegation Doctrine, Mark Seidenfeld, Jim Rossi

Scholarly Publications

No abstract provided.

Enjoy The Donut: A Regulatory Response To The White Paper On Preserventing Invasion Of The Great Lakes By Exotic Species, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

Board Of Podiatric Medicine, Monisha Ann Coelho

California Regulatory Law Reporter

No abstract provided.

Department Of Alcoholic Beverage Control, Peter Sansom

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Jenny K. Li

California Regulatory Law Reporter

No abstract provided.

V.17-1, 2000 Masthead

California Regulatory Law Reporter

No abstract provided.

., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson

Faculty Articles and Papers

In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary …

American Trucking Associations, Inc. V. United States Environmental Protection Agency: A Speed-Bump Along The Highway Of Judicial Deference To Agency Determinations, Amy Quandt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Empowering Stakeholders: Limits On Collaboration As The Basis For Flexible Regulation, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Reducing The Democratic Deficit: Representation, Diversity, And The Canadian Judiciary, Or Towards A "Triple P" Judiciary, Richard Devlin Frsc, A. Wayne Mackay, Natasha Kim

Articles, Book Chapters, & Popular Press

The authors review the current structures for judicial appointments in Canada and provide statistical information about the results of these mechanisms in respect to diversity of representation on the courts. They are also critical of the fairness and openness of judicial appointments processes. After examining several variants of the dominant liberal view of law and of judges, the authors proffer and articulate a neo-realist theory of law and what they term a "bungee cord theory of judging." According to the former, law is inevitably a form of politics; according to the latter, judges are unavoidably political actors. In consequence, the …

Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

No abstract provided.

Conserving Ecosystems Through The Secretarial Order On Tribal Rights, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

Re-Examining The Role Of Patents In Appropriating The Value Of Dna Sequences, Rebecca S. Eisenberg

Articles

As public and private sector initiatives race to complete the sequence of the human genome, patent issues have played a prominent role in speculations about the significance of this achievement. How much of the genome will be subject to the control of patent holders, and what will this mean for future research and the development of products for the improvement of human health? Is a patent system developed to establish rights in mechanical inventions of an earlier era up to the task of resolving competing claims to the genome on behalf of the many sequential innovators who elucidate its sequence …

Alden And The Web Of Environmental Law, William D. Araiza

Faculty Scholarship

No abstract provided.

Normalizing Novelty: Regulating Biotechnological Risk At The U.S. Epa, Les Levidow, Susan Carr

RISK: Health, Safety & Environment (1990-2002)

Drs. Levidow and Carr examine EPA's regulation of biotechnology in the field of genetically modified organisms.

Willard Hurst And The Administrative State: From Williams To Wisconsin, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

This article follows Willard Hurst from his undergraduate days at Williams College through the start of his teaching career at Wisconsin in the fall of 1937. During these years Hurst acquired an abiding interest in the rise of the administrative state as well as some of the insights he would use to account for it in his mature work. For the most part, the article proceeds chronologically through four episodes in Hurst's training: (1) his year-long study of Charles and Mary Beard's "Rise of American Civilization" undertaken as an undergraduate at Williams College; (2) his three years as a student …

Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii

Richmond Journal of Law & Technology

The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.

Transition Losses In The Electric Power Market: A Challenge To The Premises Underlying The Arguments For Compensation, Lois R. Lupica

Faculty Publications

In this Article, Professor Lois R. Lupica examines whether the electric utility industry, currently j.n the midst of deregulation, ought to sustain the resulting transition losses. Due to the signifi· cant modification of legal rules affecting the electric power market and changes in regulatory policy, the utilities currently have expenditures and expectations that are unrecoverable in a competitive market. In recent years, momentum has moved in the direction of compensating the electric utilities and their investors for these losses. Professor Lupica challenges the arguments for transition loBS recovery and ultimately concludes that the doctrinal premises in support oftransition loss recovery …