Administrative Law Commons^™

Regular Soybeans: Translation And Framing In The Ontological Politics Of A Coup, Kregg Hetherington

Indiana Journal of Global Legal Studies

This paper argues for understanding the regulation and standardization of objects as fundamentally about "adding" to those objects rather than reducing or simplifying them. The analysis is based on the ethnographic study of regulatory politics in Paraguayan soybean production over the course of two decades in which the Paraguayan state increased its regulatory capacity immensely. By looking at very different forms of regulatory intervention, it shows that each regulatory moment can best be understood as a "translation" which adds to the complexity of the objects in question by adding new actors and concerns to their circulation. This provides a more …

Translations In Regulatory Space: The Arenas Of Regulatory Innovation In Accounting Standard Setting, Yasmine Chahed

Indiana Journal of Global Legal Studies

This paper investigates the conditions of possibility for innovation in regulatory space. The first-time inclusion of narrative reporting on the agenda of the British Accounting Standards Board (ASB) is studied in terms of a complex web of discursive schemes, which co-constituted the regulatory issue and the context in which it emerged. By exploring the discursive level of accounting reform, the approach shows how the emergence of narrative reporting on the agenda of the ASB was mediated in a historically specific constellation of formal institutional structures, professional trajectories, and changing conceptions of the roles and purposes of accounting in business management …

Weathering Nepa Review: Superstorms And Super Slow Urban Recovery, John Travis Marshall

Faculty Publications By Year

Delays in implementing long-term neighborhood housing recovery measures following urban disasters profoundly disrupt a city's revitalization and resurgence. Following recent large-scale urban disasters, some blame the National Environmental Policy Act environmental and historical review requirement for greatly slowing the long-term recovery process. They claim that the National Environmental Policy Act review is ill suited for the exigencies of disasters. Finding effective ways to advance urban disaster recovery as quickly as possible, while not compromising key environmental quality objectives, is a central challenge to implementing effective post-disaster recovery plans. This Article addresses how best to balance necessary regulation with critical disaster …

Reflections On Home Concrete, Steve R. Johnson

Scholarly Publications

Positive statutory law – principally the Internal Revenue Coe – is the most important source of tax rules. Despite its volume, however, the Code contains many gaps. Tax regulations promulgated by the Department of the Treasury are the principal vehicles for filling the most important gaps.

When consistent with the Code and issued pursuant to proper procedures, Treasure Regulations have the force of law. The validity of Treasury Regulations has been a major battleground in contemporary tax litigation. In the last five years alone, the issue has arisen in high profile cases such as Swallows, Mannella, Lantz, Mayo, Dominion Resources, …

A Positive Defense Of Administrative Preemption, Mark Seidenfeld, Joshua Hawkes

Scholarly Publications

No abstract provided.

Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen

Journal of Business & Technology Law

No abstract provided.

Strategic Delegation, Discretion, And Deference: Explaining The Comparative Law Of Administrative Review, Jud Mathews, Nuno M. Garoupa

Faculty Scholarship

This paper offers a theory to explain cross-national variation in administrative law doctrines and practices. Administrative law regimes vary along three primary dimensions: the scope of delegation to agencies, agencies’ exercise of discretion, and judicial practices of deference to agencies. Working with a principal-agent framework, we show how cross-national differences in institutions’ capacities and the environments they face encourage the adoption of divergent strategies that lead to a variety of distinct, stable, equilibrium outcomes. We apply our model to explain patterns of administrative law in the United States, Germany, France, and Commonwealth jurisdictions.

The Story Of Chevron: The Making Of An Accidental Landmark, Thomas W. Merrill

Faculty Scholarship

Chevron U.S.A. Inc. v. NRDC is one of the most famous cases in administrative law, but it was not regarded that way when it was decided. To the justices who heard the case, Chevron was a controversy about the validity of the "bubble" concept under the Clean Air Act, not about the standard of review of agency interpretations of statutes. Drawing on Justice Blackmun's papers, Professor Merrill shows that the Court was initially closely divided, but Justice Stevens' opinion won them over, with no one paying much attention to his innovations in the formulation of the standard of review or …

China: The Quest For Procedural Justice, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This essay is contributed in recognition of Don Wallace’s dedication to furthering procedural justice in the U.S. and abroad. Don’s interests are wider than anyone else’s I can think of. Even though China and Chinese law are not represented in his published scholarship, in the course of our long friendship he has expressed thoughtful interest in many ways, including his constructive participation in the first delegation of the American Bar Association to visit China, which I escorted in 1978, and his later visits to China. Under Don’s leadership as Director of the International Law Institute at the Georgetown Law School, …

Grounding Drones: Big Brother’S Tool Box Needs Regulation Not Elimination, Melanie Reid

Richmond Journal of Law & Technology

The Ford Model A was advertised as “the latest and best” in the world in 1903 and sparked global interest to design and create better, faster, and more complex machines than had ever traveled on land. Fast forward to the 21st century and creating machines that can travel around the world’s airspace appears to be the latest fascination. Until relatively recently, only airplanes and helicopters dominated the friendly skies. But now, the public is catching on to the idea that building an aircraft is easier that one might expect. In fact, a pilot is no longer necessary. Drones, also referred …

Completing The Energy Innovation Cycle: The View From The Public Utility Commission, Jonas J. Monast, Sarah K. Adair

Faculty Scholarship

Achieving widespread adoption of innovative electricity generation technologies involves a complex system of research, development, demonstration, and deployment, with each phase then informing future developments. Despite a number of non-regulatory programs at the federal level to support this process, the innovation premium—the increased cost and technology risk often associated with innovative generation technologies—creates hurdles in the state public utility commission (“PUC”) process. These state level regulatory hurdles have the potential to frustrate federal energy goals and prevent the learning process that is a critical component to technology innovation. This Article explores how and why innovative energy technologies face challenges in …

The Impact Of Income Disparity On Financial Regulation, Steven L. Schwarcz

Faculty Scholarship

No abstract provided.

The Failed Promise Of User Fees: Empirical Evidence From The United States Patent And Trademark Office, Michael D. Frakes, Melissa F. Wasserman

Faculty Scholarship

In an attempt to shed light on the impact of user-fee financing structures on the behavior of administrative agencies, we explore the relationship between the funding structure of the Patent and Trademark Office (PTO) and its examination practices. We suggest that the PTO’s reliance on prior grantees to subsidize current applicants exposes the Agency to a risk that its obligatory costs will surpass incoming fee collections. When such risks materialize, we hypothesize, and thereafter document, that the PTO will restore financial balance by extending preferential examination treatment—i.e., higher granting propensities and/or shorter wait times—to some technologies over others.

Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie

Barry Law Review

No abstract provided.

The Value Of Words: Narrative As Evidence In Policymaking, Dmitry Epstein, Josiah Heidt, Cynthia R. Farina

Cornell Law Faculty Publications

Policymakers today rely primarily on statistical, financial, and other forms of technical data as their basis for decision-making. Yet, there is a potentially underestimated value in substantive reflections of the members of the public who will be affected by a particular piece of regulation. We discuss the value of narratives as input in the policy making process, based on our experience with Regulation Room–a product of an interdisciplinary initiative using innovative web technologies in real-time online experimentation. We describe professional policymakers and professional commenters as a community of practice that has limited shared repertoire with the lay members of the …

Assessing Effectiveness Of International Private Regulations In The Csr Arena, Martijn W. Scheltema

Richmond Journal of Global Law & Business

No abstract provided.

A Framework For Judicial Review And Remand In Immigration Law, Collin D. Schueler

Law Faculty Scholarly Articles

This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modem framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, …

The Creation Of The Department Of Justice: Professionalization Without Civil Rights Or Civil Service, Jed H. Shugerman

Faculty Scholarship

This Article offers a new interpretation of the founding of the Department of Justice in 1870 as an effort to shrink and professionalize the federal government. The traditional view is that Congress created the DOJ to increase the federal government’s capacity to litigate a growing docket as a result of the Civil War, and more recent scholarship contends that Congress created the DOJ to enforce Reconstruction and ex-slaves’ civil rights. However, it has been overlooked that the DOJ bill eliminated about one third of federal legal staff. The founding of the DOJ had less to do with Reconstruction, and more …

Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by asbestos victims in Russia in seeking legal redress, highlighting the barriers posed by the country's legal system, lack of regulatory oversight, and the dominance of the asbestos industry. It argues that despite the existence of tort law as a potential avenue for relief, numerous structural and procedural obstacles deter victims from pursuing claims, underscoring the need for legal reforms to improve access to justice.

Administrative Law, John R. Mohrmann

Law Student Publications

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.