Public Law and Legal Theory Commons^™

Bureau Of State Audits, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Little Hoover Commission, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

Legislative Analyst's Office, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Senate Office Of Research, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

On Misusing “Revolution” And “Reform”: Procedural Due Process And The New Welfare Act, Cynthia R. Farina

Cornell Law Faculty Publications

After a long dry spell, the debate over procedural due process flows again. The Supreme Court has announced the first major doctrinal revision in years; Congress has gutted the regulatory program that underlay Goldberg v. Kelly; and Richard Pierce has published an essay in the Columbia Law Review prophesying a radical de-evolution of due process doctrine that will bring constitutional law into line with the profound political and social revolution evidenced by welfare “reform.” My essay takes Professor Pierce's recent work as a springboard for reengaging the debate about the direction of procedural due process. I begin by recapitulating …

Public Choice Theory And The Fragmented Web Of The Contemporary Administrative State, Jim Rossi

Vanderbilt Law School Faculty Publications

In the recent book, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (Yale U. Press 1997), Jerry Mashaw addresses the convergence between public choice and administrative law. This review essay summarizes Mashaw's arguments and explores his use of public choice tools. The review suggests that, absent some unifying theoretical perspective for understanding administrative governance outside of public choice method, little more than rampant pessimism or fragmented lessons about the administrative state can be taken.

Commentary On Presentations Of Prof. Roberta S. Karmel & Prof. James A. Fanto, Gregory S. Alexander

Cornell Law Faculty Publications

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The Consent Of The Governed: Against Simple Rules For A Complex World, Cynthia R. Farina

Cornell Law Faculty Publications

Professor Farina argues that recent proponents of enhanced presidential power overstate the ability of the President to legitimize the regulatory state. It accuses pro-presidentialists of premising their claims on a conception of the "will of the people" that is neither an accurate description of how citizens actually participate in modern government nor an authentic constitutional understanding of how citizens would consent to public policy decisions. The paper concludes by insisting that no single mode of democratic legitimization can "save" the regulatory enterprise; rather, administrative law must look to a plurality of institutions and practices that contribute to an ongoing process …

The "Chief Executive" And The Quiet Constitutional Revolution, Cynthia R. Farina

Cornell Law Faculty Publications

Judicial Review Of Petitions, Cynthia R. Farina

Cornell Law Faculty Publications

Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for …

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

New Public Law Legislation, Oregon Law Institute, Paul Snider, Karen M. Vickers, Lynn Rosik, Marianna Kanwit, Maria Keltner

Oregon Law Institute, 1995

Course Materials from the September 15, 1995 Program in Portland

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina

Cornell Law Faculty Publications

Public Interest Organizations Action

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations, J. Hardesty

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations, J. Jacobson, J. Hardesty

California Regulatory Law Reporter

No abstract provided.

The Rulemaking Continuum, Peter L. Strauss

Faculty Scholarship

The two papers we have before us tell both descriptive and normative stories about current issues of rulemaking. Each suggests, in its field of attention, pressures that operate to increase proceduralization and agency responses to those pressures, as well as an attitude toward these developments. In rulemaking, as in other activities, discretion and order are in constant tension; one might find in that tension the very engine that makes the processes of public law go. Like the studies that assisted the move away from formal rulemaking, and the perceptions underlying the Supreme Court's Vermont Yankee decision, which quieted the judicial …

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations, J. Jacobson

California Regulatory Law Reporter

No abstract provided.

Getting From Here To There, Cynthia R. Farina

Cornell Law Faculty Publications

Public Interest Organizations, J. Altomare

California Regulatory Law Reporter

No abstract provided.