Administrative Law | Open Access Articles | Digital Commons Network™

An Extended Hypothetical For Teaching Administrative Law, Charles H. Koch Jr.

Faculty Publications

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A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson

Publications

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Paradigm Changes In Telecommunications Regulation, Phil Weiser

Publications

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Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller

Faculty Scholarship

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Free Speech And Expertise: Administrative Censorship And The Birth Of The Modern First Amendment, Reuel E. Schiller

Faculty Scholarship

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Ossification Revisited: Does Arbitrary And Capricious Review Significantly Interfere With Agency Ability To Achieve Regulatory Goals Through Informal Rulemaking?, William S. Jordan Iii

Akron Law Faculty Publications

This article revisits the longstanding debate over the "ossification" of informal rulemaking, the theory that judicial review—especially under the "arbitrary and capricious" standard—has made rulemaking so procedurally burdensome that it impedes agencies from efficiently achieving their regulatory objectives. William S. Jordan III critically evaluates both empirical data and doctrinal developments to assess whether such review genuinely causes delay or obstruction in agency rulemaking. He finds that while courts do impose significant analytical and procedural expectations, the impact may be less severe than ossification critics claim. Jordan argues that judicial scrutiny can enhance the quality of rulemaking by ensuring reasoned decision-making …

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Envirocare V. Nrc Increases Agency Discretion To Deny Administrative Intervention: Right Result - Wrong Reason, William S. Jordan Iii

Akron Law Faculty Publications

In this article, William S. Jordan III critiques the D.C. Circuit's decision in Envirocare of Utah, Inc. v. NRC, which upheld the Nuclear Regulatory Commission’s (NRC) decision to deny a private competitor's request to intervene in a licensing proceeding. While Jordan agrees with the outcome—that the NRC’s discretion in managing administrative proceedings should be respected—he contends that the court’s rationale risks expanding agency discretion at the expense of public participation and transparency. The article explores the statutory and administrative law frameworks governing intervention rights, analyzing how the court’s interpretation diverges from sound procedural principles. Jordan argues for a more nuanced …

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A Comparison Of The Administrative Law Of The Catholic Church And The United States, John J. Coughlin

Journal Articles

Some years ago, an international symposium of jurists described administrative law as encompassing "the entire range of action by government with respect to the citizen or by the citizen with respect to the government, except for those matters dealt with by the criminal law, and those left to private civil litigation where the government's only participation is in furnishing an impartial tribunal with the power of enforcement."

The broad parameters of the concept of administrative law attest to its importance in any legal system. Indeed, for at least the past fifty years, comparative legal scholars have focused on diverse national …

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