-
作者：Lewis, Elizabeth
作者单位：American University
-
作者：Leske, Kevin
作者单位：Barry University
摘要：The Seminole Rock deference doctrine instructs federal courts to defer to an administrative agency's interpretation of its own regulation unless the interpretation is plainly erroneous or inconsistent with the regulation. This crucial administrative law doctrine has largely escaped judicial and scholarly examination for close to seventy years. And this is astonishing because, as Chief justice Roberts recently observed, this deference doctrine goes to the heart of administrative law and Seminol...
-
作者：Barbee, Melissa
-
作者：Wade, Ehren K.
作者单位：American University
-
作者：Mart, Susan; Ginsburg, Tom
作者单位：University of Colorado System; University of Colorado Boulder; University of Chicago
摘要：As noted by President Obama's recent Review Group on Intelligence and Communications Technologies, pervasive state surveillance has never been more feasible. There has been an inexorable rise in the size and reach of the national security bureaucracy since it was created after World War II, as we have gone through the Cold War and the War on Terror. No one doubts that our national security bureaucracies need to gain intelligence and keep some of it secret. But the consensus of decades of exper...
-
作者：Shepard, Scott Andrew
摘要：Emissions caps work on a simple and compelling premise. Regulated entities, in the process of creating something desirable, like energy, create and expel a problematic byproduct, such as carbon. They do this because thy exclusively reap a significant set of benefits (e.g., profits, market share, job security) from their efforts in the process of providing the generalized benefits that accrue from adding more energy resources to the market, and providing that energy to their customers. However,...
-
作者：Merrill, Thomas W.
作者单位：Columbia University
摘要：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 o...
-
作者：Jacobs, Sharon
作者单位：University of Colorado System; University of Colorado Boulder
摘要：Fifty years ago, Alexander Bickel famously suggested that courts use tools like standing, ripeness, and the political question doctrine to avoid reaching the merits of difficult cases. Yet despite the increasingly central role of administrative agencies in government, there have been no darts to date to apply Bickel's insights to the bureaucracy. This Article remedies that deficit. The Article provides a three-part taxonomy of administrative restraint and offers case studies from federal agenc...
-
作者：Vidovich, Jack
作者单位：American University
-
作者：[Anonymous]
