Maryland State And County Administrative Law,
2012
University of Maryland Francis King Carey School of Law
Maryland State And County Administrative Law, Diane O. Leasure, John F. Fader Ii
Book Gallery
No abstract provided.
Can He Legally Do That? Does The President Have Directive Authority Over Agency Regulatory Decisions?,
2012
University of Maryland Francis King Carey School of Law
Can He Legally Do That? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival
Faculty Scholarship
No abstract provided.
Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens,
2012
University of Maryland Francis King Carey School of Law
Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana
Faculty Scholarship
The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively.
An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …
Nevada Administrative Law Research Guide,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Nevada Administrative Law Research Guide, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Nevada Legal Research Guides / Reference Desk Guides
No abstract provided.
The Irrelevance Of Politics For Arbitrary And Capricious Review,
2012
Florida State University College of Law
The Irrelevance Of Politics For Arbitrary And Capricious Review, Mark Seidenfeld
Scholarly Publications
This Article contends that, properly understood, judicial review of agency action under the reasoned decision-making standard precludes a court from considering political influence, but nonetheless allows an agency to consider it. It does so by identifying two fundamental attributes of such review, as courts have traditionally applied it, that have eluded scholarly focus and perhaps recognition altogether. The first attribute is that agency reasons, which are what courts review, are justifications rather than motivations for agency action. From this attribute, it follows that the irrelevance of politics for judicial review does not preclude politics as a legitimate agency consideration. The …
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era,
2012
University of Michigan Law School
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Michigan Telecommunications & Technology Law Review
This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law,
2012
University of Idaho College of Law
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum
Articles
The Supreme Court's willingness to defer to agency interpretations of ambiguous statutes has vacillated over the past seventy years. The Court's vacillation has dramatically impacted the executive 's power to make and interpret law. This Article examines how the Court augmented then constricted executive lawmaking power and ceded then reclaimed executive interpretive power with a single case and its legal progeny. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and its aftermath dramatically altered the executive's power to make and interpret law. Prior to Chevron, Congress had the primary responsibility for lawmaking, while agencies made policy choices primarily when …
Legal Affinities: Explorations In The Legal Form Of Thought,
2012
1567
Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan
Working Paper Series
This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012),
2012
UIC School of Law
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii
UIC Law Review
No abstract provided.
How The Supreme Court And The Department Of Labor May Dispel Myths About Erisa's Family Law Provisions And Protect The Benefit Entitlements That Arise Thereunder, 45 J. Marshall L. Rev. 635 (2012),
2012
UIC School of Law
How The Supreme Court And The Department Of Labor May Dispel Myths About Erisa's Family Law Provisions And Protect The Benefit Entitlements That Arise Thereunder, 45 J. Marshall L. Rev. 635 (2012), Albert Feuer
UIC Law Review
No abstract provided.
Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012),
2012
UIC School of Law
Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb
UIC Law Review
No abstract provided.
Burying,
2012
University of Michigan Law School
Burying, Robert Brendan Taylor
Michigan Telecommunications & Technology Law Review
When applying for a patent, applicants must provide the examiner with all known material prior art. Those who fail to do so can be charged with inequitable conduct. But applicants can still effectively hide material prior art references by submitting them along with large quantities of immaterial prior art to the examiner. This deceptive practice, known as "burying," is generally not considered inequitable conduct. This Essay summarizes the current legal landscape concerning burying, discusses the costs associated with the practice, and suggests ways to deter and punish those who do it.
Regulatory Moratoria,
2012
University of Washington School of Law
Regulatory Moratoria, Kathryn A. Watts
Articles
Despite significant scholarly attention given to tools that the political branches use to exert control over the administrative state, one emerging tool has gone largely unnoticed: regulatory moratoria. Regulatory moratoria, which stem from legislative or executive action, aim to freeze rulemaking activity for a period of time.
As this Article demonstrates, regulatory moratoria have worked their way into the political toolbox at both the federal and state levels. For example, at least fifteen federal bills proposing generalized regulatory moratoria were introduced in the first session of the 112th Congress, and from 2008 to 2011 alone, no fewer than nine states …
The Fight Over "Fighting Regs" And Judicial Deference In Tax Litigation,
2012
Indiana University Maurer School of Law
The Fight Over "Fighting Regs" And Judicial Deference In Tax Litigation, Leandra Lederman
Articles by Maurer Faculty
The question of how much deference courts should accord agency interpretations of statutes is a high-profile and important issue that affects both rulemaking and case outcomes. What level of deference should courts accord an agency regulation or other rule that an agency has issued opportunistically, during the course of related litigation? This important question has arisen in numerous cases, including the 2011 U.S. Supreme Court decision in Mayo Foundation for Medical Education and Research v. United States, a case involving a Treasury regulation.
To answer the question, the Article analyzes the law on judicial deference to tax authorities generally, as …
Best Outcomes For Indian Children,
2012
Wisconsin Department of Children and Families & Ho-Chunk Nation
Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef
Center on Children, Families, and the Law: Faculty Publications
The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.
In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law,
2012
University of Missouri - Kansas City, School of Law
The Nutty Putty Cave, The Zen Runner And Other Allegories About Life, Death, Value And Law, John W. Ragsdale Jr
Faculty Works
No abstract provided.
The Paranoid Style In Regulatory Reform,
2012
UC Hastings College of the Law
The Paranoid Style In Regulatory Reform, Jodi L. Short
Faculty Scholarship
No abstract provided.
Horse Racing Regulatory Reform Through Constructive Engagement By Industry Stakeholders With State Regulators,
2012
National Thoroughbred Racing Association
Horse Racing Regulatory Reform Through Constructive Engagement By Industry Stakeholders With State Regulators, Alexander M. Waldrop, Karl M. Nobert, John W. Polonis
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Bait And Switch: Equitable Estoppel And Mine Safety And Health Administration Jurisdiction,
2012
University of Kentucky
The Bait And Switch: Equitable Estoppel And Mine Safety And Health Administration Jurisdiction, Steven A. Neace
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Network Neutrality: Verizon V. Fcc,
2012
University of Michigan Law School
Network Neutrality: Verizon V. Fcc, Anna S. Han
University of Michigan Journal of Law Reform Caveat
The Federal Communications Commission (“FCC”) is once again locking horns with the broadband behemoth, Verizon, over the issue of network neutrality. Although this conflict between the government and corporate giants is far from new, recent events have forced courts to give it close scrutiny. Given the explosive pace at which technology has expanded and permeated citizens’ daily lives, the judgments rendered have greater significance now than ever before.
