Statutory Interpretation From The Inside--An Empirical Study Of Congressional Drafting, Delegation, And The Canons: Part I,
2013
Vanderbilt University Law School
Statutory Interpretation From The Inside--An Empirical Study Of Congressional Drafting, Delegation, And The Canons: Part I, Lisa Schultz Bressman, Abbe R. Gluck
Vanderbilt Law School Faculty Publications
What role should the realities of the legislative drafting process play in the theories and doctrines of statutory interpretation and administrative law? The ongoing debates frequently turn on empirical assumptions about how Congress drafts and what interpretive rules Congress knows, but there has been almost no testing of whether any of these assumptions reflect legislative reality. We have attempted to fill that void. This is the first of two Articles reporting the results of the most extensive empirical study to date — a survey of 137 congressional counsels drawn from both parties, both chambers of Congress and spanning multiple committees …
Law-Enforcement Officers And Self-Help Repossession: A State-Action Approach,
2013
University of Michigan Law School
Law-Enforcement Officers And Self-Help Repossession: A State-Action Approach, Aaron Loterstein
Michigan Law Review
Repossession of secured collateral is a fundamental component of the consumer credit industry. The Uniform Commercial Code authorizes a secured party to engage in self-help repossession of secured collateral under section 9-609, so long as the repossession takes place without "breach of the peace." While that term is undefined, several courts have adopted a counterintuitive rule, holding that a law-enforcement officer's presence during a self-help repossession - regardless of purpose or level of involvement - creates a breach of the peace. The Official Comments to the Code have seemingly endorsed this position as well. This Note rejects the primary justifications …
Management Of Federal Agency Adjudication,
2013
Pepperdine University
Management Of Federal Agency Adjudication, Jeffrey S. Lubbers
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Practical Tips For Employers For Compliance With The Ada ,
2013
Pepperdine University
Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission,
2013
Pepperdine University
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings,
2013
Pepperdine University
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process,
2013
Pepperdine University
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Report To The Judicial Council On The Administrative Law Judge Statute,
2013
Pepperdine University
Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?,
2013
Pepperdine University
The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?, Jylana D. Collins
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicative Procedure And The Model State Administrative Procedure Act (1981),
2013
Pepperdine University
Adjudicative Procedure And The Model State Administrative Procedure Act (1981), Committee On Procedural Standards Of The National Association Of Administrative Law Judges
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products,
2013
Pepperdine University
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
House Of Lords: Relevant Or Relic? An Analysis Of The Political Relevance Of Legislature Upper Houses,
2013
St. John Fisher University
House Of Lords: Relevant Or Relic? An Analysis Of The Political Relevance Of Legislature Upper Houses, Robert Connor
The Review: A Journal of Undergraduate Student Research
This purpose of this paper is to explore the political relevance of parliamentary upper houses. The paper attempts to give both a definitive definition of political relevance and to determine if upper chambers meet this definition. To do this the example of the British House of Lords, a hallmark example of weak upper chambers, is used as a case study.
Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional,
2013
Pepperdine University
Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?,
2013
Pepperdine University
Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference,
2013
Pepperdine University
Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process,
2013
Pepperdine University
Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth Adelman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Peer Review Process In Administrative Adjudication,
2013
Pepperdine University
The Peer Review Process In Administrative Adjudication, Robert Robinson Gales
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?,
2013
Pepperdine University
Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Aljs: Maintaining A Different Balance ,
2013
Pepperdine University
Florida's Aljs: Maintaining A Different Balance , F. Scott Boyd
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003,
2013
Pepperdine University
The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003, Arthur J. England Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
