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Articles 571 - 600 of 2566
Full-Text Articles in Agency
Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh
Inside The Administrative State: A Critical Look At The Practice Of Presidential Control, Lisa Schultz Bressman, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by actual practice. Until now, the presidential control model has been largely impervious to this pattern. That model, which brings agency decision-making under the direction of the President, has strengthened over time, winning broad scholarly endorsement and bipartisan political support. But it, like prior models, relies on abstractions - for example, that the President represents public preferences and resists parochial pressures - that do not hold up as a factual …
Governance Of Brazilian Pension Funds, Luciana Pires Dias
Governance Of Brazilian Pension Funds, Luciana Pires Dias
ExpressO
This paper analyzes theoretically and empirically the governance of pension funds in Brazil. It first demonstrates that the law allows sponsors (employers) to write contracts (by-laws) governing the relationships between the sponsors, the managers and the participants (employees) of the pension funds. It also explains that, from an agency theory perspective, this legal framework favors non-optimal governance structures, since sponsors do not bear the financial consequences of the contracts they create. As predicted, the empirical evidence reported in this thesis shows that sponsors use this authority to create contracts that minimize monitoring and maximize control over business decisions to the …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …
Rethinking Reform Of The Fcc: A Reply To Randolph May, Russ Taylor
Rethinking Reform Of The Fcc: A Reply To Randolph May, Russ Taylor
Federal Communications Law Journal
This brief Article responds to Randolph May's article, Recent Developments in Administrative Law-The FCC's Tumultuous Year in 2003: An Essay on an Opportunity for Institutional Agency Reform, 56 Admin. L. Rev. 1307 (2004). Taylor disputes May's anecdotal evidence that the FCC's poor handling of the Triennial Review and the media ownership proceedings are symptomatic of a broad agency inefficiency that should be remedied by drastically cutting the size of the FCC and placing it under the exclusive control of the executive branch to ensure electoral accountability. Taylor argues that while these suggestions may have value, such a rush to action …
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman, Jr.
NYLS Law Review
No abstract provided.
How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa Schultz Bressman
How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa Schultz Bressman
Vanderbilt Law School Faculty Publications
In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority to issue such interpretations with "the force of law." The Court did not define "force of law," and thus did not determine what type of agency procedures fit within Mead. Four years have passed since the Court decided Mead, and despite numerous Court of Appeals decisions, we still do not know when an agency is entitled to Chevron deference for interpretations issued through procedures less formal than …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec
Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec
ExpressO
This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …
Kruse V. Wells Fargo Home Mortgage, Inc. (Decided September 10, 2004), Jennifer Katehos
Kruse V. Wells Fargo Home Mortgage, Inc. (Decided September 10, 2004), Jennifer Katehos
NYLS Law Review
No abstract provided.
Comptroller Of City Of New York V. Mayor Of New York (Decided July 29, 2004), Leslie Spitalnick
Comptroller Of City Of New York V. Mayor Of New York (Decided July 29, 2004), Leslie Spitalnick
NYLS Law Review
No abstract provided.
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
Articles & Chapters
Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …
Judicial Review Of Agency Inaction: An Arbitrariness Approach, Lisa Schultz Bressman
Judicial Review Of Agency Inaction: An Arbitrariness Approach, Lisa Schultz Bressman
Vanderbilt Law School Faculty Publications
This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative state. The Supreme Court's reluctance to allow judicial review of agency inaction reflects the popular view that agency decision-making should be subject foremost to the scrutiny of politically accountable officials. The difficulty is that even scholars who generally support this view of agency decision-making reject the Court's treatment of agency inaction. Yet these scholars have failed to appreciate the reason. The reason is that the founding principles of the …
Of Gift Horses And Great Expectations: Remands Without Vacatur In Administrative Law, Daniel B. Rodriguez
Of Gift Horses And Great Expectations: Remands Without Vacatur In Administrative Law, Daniel B. Rodriguez
University of San Diego Public Law and Legal Theory Research Paper Series
Administrative law has been shaped over the years by fundamentally practical considerations. Displacement of agency decisions by courts was rare; yet, the omnipresent threat of substantial judicial intrusion surely affected agency decisions. While the Administrative Procedure Act, adopted nearly 60 years ago, provides a comprehensive template for federal agency decisionmaking, what is striking about the APA is how much is left out and how much is left to the discretion of both agencies in implementing regulatory decisions and to the courts in superintending agency action. Given this history, it is hardly surprising that many doctrinal techniques represent the pragmatic effort …
A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers
A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Beyond Accountability: Arbitrariness And Legitimacy In The Administrative State, Lisa Schultz Bressman
Beyond Accountability: Arbitrariness And Legitimacy In The Administrative State, Lisa Schultz Bressman
Vanderbilt Law School Faculty Publications
This Article argues that efforts to square the administrative state with the constitutional structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an important obstacle to agency legitimacy: the concern for administrative arbitrariness. Such thinking is evident in the prevailing model of the administrative state, which seeks to legitimate agencies by placing their policy decisions firmly under the control of the one elected official responsive to the entire nation-the President. This Article contends that the "presidential control" model cannot legitimate agencies because the model rests on a mistaken assumption about the …
Respecting Deference: Conceptualizing Skidmore Within The Architecture Of Chevron, Jim Rossi
Respecting Deference: Conceptualizing Skidmore Within The Architecture Of Chevron, Jim Rossi
Vanderbilt Law School Faculty Publications
This Article addresses critically the implications of the U.S. Supreme Court's recent decision in Christensen v. Harris County, 120 S.Ct. 1655 (2000), for standards of judicial review of agency interpretations of law. Christensen is a notable case in the administrative law area because it purports to clarify application of the deference doctrine first articulated in Skidmore v. Swift & Co., 323 U.S. 134 (1944). By reviving this doctrine, the case narrows application of the predominant approach to deference articulated in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), thus reducing the level of deference in …
Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth
Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth
Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
California Architects Board, Karla Dawn Bell, John C. Hemmerling, Rusty Nichols
California Architects Board, Karla Dawn Bell, John C. Hemmerling, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, Tasha Soroosh, Rusty Nichols
Office Of Administrative Law, Tasha Soroosh, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Legislative Committee Abbreviations
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth
Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Contractors' State License Board, Karla Dawn Bell, Phil Moskal, J. D. Fellmeth
Contractors' State License Board, Karla Dawn Bell, Phil Moskal, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Corporations, Shirley S. Prasad, Donna Shen, Rusty Nichols
Department Of Corporations, Shirley S. Prasad, Donna Shen, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Lisa J. Frisello, Melissa A. Karpouzes, Charlotte Wilder, Collette C. Galvez, J. D. Fellmeth
State Bar Of California, Lisa J. Frisello, Melissa A. Karpouzes, Charlotte Wilder, Collette C. Galvez, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Little Hoover Commission, Elisa Lynn Sue
Little Hoover Commission, Elisa Lynn Sue
California Regulatory Law Reporter
No abstract provided.
Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez
Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth
Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.