Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions,
2014
American University Washington College of Law
Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief
The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law,
2014
Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993).,
2014
University of Georgia School of Law
The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke
Georgia Journal of International & Comparative Law
No abstract provided.
U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges,
2014
Embry-Riddle Aeronautical University
U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro
Space Traffic Management Conference
One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.
Appeal No. 0858: Fresh Water Accountability Project, V. Division Of Oil & Gas Resources Management,
2014
Case Western Reserve University School of Law
Appeal No. 0858: Fresh Water Accountability Project, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-08 (EnerGreen 360 Facility)
Parting The Chevron Sea: An Argument For Chevron's Greater Applicability To Cabinet Than Independent Agencies,
2014
Notre Dame Law School
Parting The Chevron Sea: An Argument For Chevron's Greater Applicability To Cabinet Than Independent Agencies, Andrew T. Bond
Notre Dame Law Review
This Note argues that cabinet agencies are better suited to receive Chevron deference than independent agencies because voters should desire such policy decisions to be made by those closest to electoral accountability, rather than unelected Article III judges with life-tenure. In other words, the judiciary should accept the countermajoritarian difficulty as fundamentally true and review cabinet agency decisions in light of Chevron deference. Part I examines the revolutionary decision of Chevron and its aftermath. Central to Part I is an inquiry into whether Chevron should be applied on a case-by-case or across-the-board basis, and whether Chevron has usurped the judiciary’s …
Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State,
2014
The Ohio State University Michael E. Moritz College of Law
Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane
Fordham Law Review
No abstract provided.
In Search Of Skidmore,
2014
Columbia Law School
Chevron And Skidmore In The Workplace: Unhappy Together,
2014
Fordham University School of Law
Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney
Fordham Law Review
No abstract provided.
The Three Phases Of Mead,
2014
University of Minnesota Law School
Chevron And Deference In State Administrative Law ,
2014
Fordham University School of Law
Chevron And Deference In State Administrative Law , Aaron J. Saiger
Fordham Law Review
No abstract provided.
Improving Agencies’ Preemption Expertise With Chevmore Codification ,
2014
University of Georgia School of Law
Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett
Fordham Law Review
No abstract provided.
Applying Administrative Law Principles To Hydraulic Fracturing,
2014
University of Michigan Law School
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Michigan Law Review First Impressions
The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether …
Administrative Law,
2014
University of Richmond School of Law
Administrative Law, John Paul Jones, John R. Mohrmann
University of Richmond Law Review
This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.
The Challenge Of Seeing Justice Done In Removal Proceedings,
2014
University of Georgia School of Law
The Challenge Of Seeing Justice Done In Removal Proceedings, Jason A. Cade
Scholarly Works
Prosecutorial discretion is a critical part of the administration of immigration law. This Article considers the work and responsibilities of the Immigration and Customs Enforcement (ICE) trial attorneys, who thus far have not attracted significant scholarly attention, despite playing a large role in the ground-level implementation of immigration law and policy. The Article makes three main contributions. First, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary. As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, …
Foreword: Chevron At 30: Looking Back And Looking Forward,
2014
The Ohio State University Michael E. Moritz College of Law
Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Fordham Law Review
No abstract provided.
What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation ,
2014
Yale Law School
What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation , Abbe R. Gluck
Fordham Law Review
No abstract provided.
Federalism At Step Zero,
2014
University of Wisconsin Law School
Chevron’S Generality Principles,
2014
The George Washington University Law School
Chevron’S Generality Principles, Emily Hammond
Fordham Law Review
No abstract provided.
Chevron Inside The Regulatory State: An Empirical Assessment,
2014
The Ohio State University Michael E. Moritz College of Law
Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker
Fordham Law Review
No abstract provided.
