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Articles 31 - 35 of 35
Full-Text Articles in Agency
The Undemocratic Roots Of Agency Rulemaking, Emily S. Bremer
The Undemocratic Roots Of Agency Rulemaking, Emily S. Bremer
Journal Articles
Americans often credit—or blame—Congress for the laws and policies that govern their lives. But Congress enacts broad statutes that give federal administrative agencies the primary responsibility for making and enforcing the regulations that control American society. These administrative agencies lack the political accountability of those in public office. To address this democratic deficit, an agency seeking to adopt a new regulation must publish a notice of proposed rulemaking and provide an opportunity for the public to comment on the proposal. Heralded as “one of the greatest inventions of modern government,” the Administrative Procedure Act’s (APA) notice-and-comment rulemaking procedure is understood …
Unservice: Reconceptualizing The Utility Duty To Serve In Light Of Climate Change, Heather Payne
Unservice: Reconceptualizing The Utility Duty To Serve In Light Of Climate Change, Heather Payne
University of Richmond Law Review
Many facets of utility monopoly regulation are approaching a minimum of eight decades as part of our legal landscape. A bedrock principle of state utility regulation is the duty to serve, which demands that utilities provide nondiscriminatory service to all those within their geographic territory for the specific service for which they have been granted a monopoly. Within its exclusive territory, a utility is required “to serve all present and reasonably to be anticipated future users.” Each state has adopted some form of this for its regulated monopolies, although formulations differ. This Article argues that in light of climate change …
Judicial Review Of Emergency Administration, Desiree Leclercq
Judicial Review Of Emergency Administration, Desiree Leclercq
Scholarly Works
This Article seeks to describe and defend the judicial review of federal agencies’ responses to national emergencies – what I refer to as “emergency administration.” That may prove difficult. Agencies are experts in their respective fields. During emergencies, scholars and policymakers assume that judges will defer to that expertise under the Administrative Procedure Act (APA). On January 13, 2022, the Supreme Court defied that assumption when it blocked the Biden Administration’s workplace vaccine and masking rules. Critics now assume that judges are reviewing emergency administration to constrain regulation. Both assumptions conclude that judicial review is neither sincere nor helpful during …
Legal Liability For Artificially Intelligent "Robot Lawyers", Michael Loy
Legal Liability For Artificially Intelligent "Robot Lawyers", Michael Loy
Lewis & Clark Law Review
This Comment discusses liability for the use of autonomous “robot lawyers” in the practice of law. A “robot lawyer” is an artificially intelligent (AI) software program that performs legal tasks traditionally handled by lawyers. Law firms currently use “non-autonomous” robot lawyers that operate under the supervision of a human attorney to assist in legal research, e-discovery, and contract drafting. In the future, “autonomous” robot lawyers that operate without human oversight may one day represent clients. However, courts and legislatures have not determined who will be liable for errors, omissions, malpractice, or other harms caused by autonomous robot lawyers. This Note …
Brief Of Amica Curiae Deborah A. Demott In Support Of Petitioner, Deborah A. Demott
Brief Of Amica Curiae Deborah A. Demott In Support Of Petitioner, Deborah A. Demott
Faculty Scholarship
No abstract provided.