Administrative Law

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Administrative Law : Cases and Materials (with Charles H. Koch and Richard W. Murphy) (2006)

The goals of the administrative process.
Introduction to agency decision making.
Matching the...

 

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Judicial Review of Informal Statutory Interpretations: The Answer is Chevron Step Two, not Christensen or Mead, Administrative Law Review (2002)

The U.S. Supreme Court has taken the wrong approach to review of informal statutory interpretations...

 

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Judges, Ideology, and Policy in the Administrative State: Lessons from a Decade of Hard Look Remands of EPA Rules, Administrative Law Review (2001)

In this Article, I report on an empirical examination of this question. My purpose is...

 

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Judicial Review (with Jim Rossi and Mark Seidenfeld), Developments in Administrative Law and Regulatory Practice (2000)
 

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Ossification Revisited: Does Arbitrary and Capricious Review Significantly Interfere with Agency Ability to Achieve Regulatory Goals Through Informal Rulemaking?, Northwestern University Law Review (2000)

Part I of this Article reviews the problem of rulemaking ossification, the assertions that hard...

 

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Judicial Review (with Mark Seidenfeld), Developments in Administrative Law and Regulatory Practice (1999)
 

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Administrative Law and Government Action: The Courts and Alternative Mechanisms of Review, Journal of Legal Education (1996)
Reviewing Genevra Richardson and Hazel Genn, eds., Administrative Law and Government Action: The Courts and...
 

Environmental Law

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Updating Deference: The Court’s 2001-2002 Term Sows More Confusion About Chevron, Environmental Law Reporter (2002)

The U.S. Supreme Court's Chevron, U.S.A., Inc. v Natural Resources Defense Council, Inc. decision has...

 

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United States v. Mead: Complicating the Delegation Dance, Environmental Law Reporter (2001)

On June 18, 2001, the U.S. Supreme Court decided United States v. Mead Corp., the...

 

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Envirocare v. NRC Increases Agency Discretion to Deny Administrative Intervention: Right Result--Wrong Reason, Environmental Law Reporter (2000)

The law of standing to intervene in administrative proceedings has long been something of a...

 

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Accidental Release Prevention Requirements: Risk Management Plans Under the Clean Air Act Section 112(R)(7), Environmental Lawyer (1997)

The 1990 amendments to the Clean Air Act (CAA or “the Act”) created section 112(r)...

 

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Deference Revisited: Politics as a Determinant of Deference Doctrine and the End of the Apparent Chevron Consensus, Nebraska Law Review (1989)

This review supports the following conclusions. First, the seminal decisions, which dominated deference doctrine for...

 

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A Plea for Reason and Responsibility in Nuclear Energy Policy, University of Cincinnati Law Review (1988)

Reviewing Joseph P. Tomain, Nuclear Power Transformation (1987).

‘A few seconds after 4 o'clock...

 

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Citizen Litigation Under the Clean Water Act: The Second Circuit Renews Its Leadership Role in Environmental Law, Brooklyn Law Review (1986)

With its recent decision in Friends of the Earth v. Consolidated Rail Corporation, the Second...

 

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Psychological Harm After Pane: NEPA's Requirement to Consider Psychological Damage, Harvard Environmental Law Review (1984)

This article will examine the scope of federal responsibility to consider the probable psychological health...

 

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Nuclear Energy, America's States: A Citizens Agenda (1983)
 

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State and Local Government Authority to Ban or Regulate Nuclear Reactors for the Purpose of Protecting Psychological Health, Dickinson Law Review (1983)

On May 24, 1982, in People Against Nuclear Energy (PANE) v. U.S. Nuclear Regulatory Commission...

 

Statutory Interpretation

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Legislative History and Statutory Interpretation: The Relevance of English Practice, University of San Francisco Law Review (1994)

THE LAST DECADE has seen a remarkable change in the Supreme Court's willingness to refer...

 

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Justice David Souter and Statutory Interpretation, University of Toledo Law Review (1991)

The author of this article examines the opinions written by Justice David Souter while he...