The Locked Gates To Tension City: The Commission On Presidential Debates, The Fec, And The Two-Party System,
2019
University of Michigan Law School
The Locked Gates To Tension City: The Commission On Presidential Debates, The Fec, And The Two-Party System, Tommy La Voy
Michigan Journal of Environmental & Administrative Law
Since John F. Kennedy and Richard Nixon walked into a Chicago television studio for the first general election presidential debate in 1960, candidate debates have been a fundamental aspect of presidential campaigns and have had broader effects on society at large. The Commission on Presidential Debates (“CPD”) has been in charge of organizing the general election debates since it was created in 1987 by the Democratic and Republican parties. In its tenure, the CPD has restricted its massive platform almost every election to the Republican and Democratic candidates through the use of criteria that seemingly follow the law’s requirement of …
Agency Statutory Abnegation In The Deregulatory Playbook,
2019
Georgetown University Law Center
Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
If an agency newly declares that it lacks statutory power previously claimed, how should such a move—what this article calls agency statutory abnegation—be reviewed? Given the array of strategies an agency might use to make a policy change or move the law in a deregulatory direction, why might statutory abnegation be chosen? After all, it is always a perilous and likely doctrinally disadvantageous strategy for agencies. Nonetheless, agencies from time to time have utilized statutory abnegation claims as part of their justification for deregulatory shifts. Actions by agencies during 2017 and 2018, under the administration of President Donald J. Trump, …
An Empirical Examination Of Agency Statutory Interpretation,
2019
University at Buffalo School of Law
An Empirical Examination Of Agency Statutory Interpretation, Amy Semet
Journal Articles
How do administrative agencies interpret statutes? Despite the theoretical treatment scholars offer on how agencies construe statutes, far less is known empirically about administrative statutory interpretation even though agencies play a critical role in interpreting statutes. This Article looks behind the black box of agency statutory interpretation to review how administrative agencies use canons and other tools of statutory interpretation to decide cases. Surveying over 7,000 cases heard by the National Labor Relations Board (“NLRB”) from 1993-2016, I analyze the statutory methodologies the Board uses in its decisions in order to uncover patterns of how the Board interprets statutes over …
Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis,
2019
Notre Dame Law School
Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis, Randy J. Kozel
Journal Articles
This Article examines three facets of the relationship between statutory interpretation and the law of stare decisis: judicial interpretation, administrative interpretation, and interpretive methodology. In analyzing these issues, I emphasize the role of stare decisis in pursuing balance between past and present. That role admits of no distinction between statutory and constitutional decisions, calling into question the practice of giving superstrong deference to judicial interpretations of statutes. The pursuit of balance also suggests that one Supreme Court cannot bind future Justices to a wide-ranging interpretive methodology. As for rules requiring deference to administrative interpretations of statutes and regulations, they are …
Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection,
2019
Brooklyn Law School
Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele
Brooklyn Journal of Corporate, Financial & Commercial Law
Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the …
V.24-2, 2019 Masthead,
2019
University of San Diego
Legislative Committee Abbreviations,
2019
University of San Diego
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California,
2019
University of San Diego
Dental Board Of California, Helene E. Mayer, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care,
2019
University of San Diego
Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2019
University of San Diego
Medical Board Of California, Mason Bettencourt, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2019
University of San Diego
Board Of Registered Nursing, Heather Morse, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2019
University of San Diego
Veterinary Medical Board, Kelsey Burns, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2019
University of San Diego
Contractors’ State License Board, Natasha Pulido, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy,
2019
University of San Diego
California Board Of Accountancy, Brian Attard, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
2019
University of San Diego
State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners,
2019
University of San Diego
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
California Public Utilities Commission,
2019
University of San Diego
California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2019
University of San Diego
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2019
University of San Diego
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Bureau Of Cannabis Control,
2019
University of San Diego
Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
