Posts in "General" category / Page 2

[Scholarship] New Articles on Administrative Law & Regulation (33rd installment)

Accountability & Decision-making Processes

Anya Bernstein, Agency in State Agencies: Variable Distribution and Accountability Structures (July 2016) [SSRN]

Keiran Hardy & George Williams, Executive Oversight of Intelligence Agencies in Australia (June 2016) [SSRN]

John W. Patty & Ian R. Turner, Ex Post Review and Expert Policymaking: When Does Oversight Reduce Accountability? (May 2016) [SSRN]

Daphna Renan, The FISC’s Stealth Administrative Law (June 2016) [SSRN]


Judicial Review

Jeffrey A. Pojanowski, Without Deference (July 2016) [SSRN]

Paul P. Craig, Proportionality and Judicial Review: A UK Historical Perspective (June 2016) [SSRN]

Kathryn E. Kovacs, Scalia’s Bargain (May 2016) [SSRN]


Executive Department

Michael Becher, Sylvain Brouard & Isabelle Guinaudeau, Prime ministers and the electoral cost of using the confidence vote in legislative bargaining: evidence from France, in West European Politics (June 2016) [Taylor & Francis Online]

Michael Greve & Christopher C. DeMuth Sr., Agency Finance in the Age of Executive Government (June 2016) [SSRN]

David Fontana, The Administrative Difference of Powers (May 2016) [SSRN]

Paul Daly, Best Practices in Administrative Decision-Making: Viewing the Copyright Board of Canada in a Comparative Light (May 2016) [SSRN]

Daniel Bodansky & Peter J. Spiro, Executive Agreements Plus (May 2016) [SSRN]


Legislation/Statutory Interpretation

William Baude & Ryan David Doerfler, The (Not So) Plain Meaning Rule (July 2016) [SSRN]

Wim J. M. Voermans, Legislation and Regulation (July 2016) [SSRN]

Lawrence M. Solan, Precedent in Statutory Interpretation (June 2016) [SSRN]

David Kamin, Legislating for Good Times and Bad (June 2016) [SSRN]

Arie Rosen, Statutory Interpretation and the Many Virtues of Legislation (May 2016) [SSRN]

John David Ohlendorf, Purposivism Outside Statutory Interpretation (2016) [SSRN]


Administrative History

Paul P. Craig, The Legitimacy of US Administrative Law and the Foundations of English Administrative Law: Setting the Historical Record Straight (June 2016) [SSRN]

Macabe Keliher, Li as Administrative Law: Political Stratification and the Construction of Qing Administrative Order in Seventeenth-Century China (June 2016) [SSRN]


Modes of Governance and Regulation

Christopher Carrigan & Cary Coglianese, Capturing Regulatory Reality: Stigler’s The Theory of Economic Regulation (July 2016) [SSRN]

Cass R. Sunstein, Nudges That Fail (July 2016) [SSRN]

Catherine M. Sharkey, The Administrative State and the Common Law: Regulatory Substitutes or Complements? (June 2016) [SSRN]

Cary Coglianese, Optimizing Government for an Optimizing Economy (June 2016) [SSRN]

Albert Lin, Preliminary Injunctive Regulation (June 2016) [SSRN]

Elizabeth G. Porter & Kathryn A. Watts, Visual Rulemaking (June 2016) [SSRN]

Adam I. Muchmore, Uncertainty, Complexity, and Regulatory Design (June 2016) [SSRN]

Hannah Jacobs Wiseman, Negotiated Rulemaking and New Risks: A Rail Safety Case Study (June 2016) [SSRN]

Larry Catá Backer, Theorizing Regulatory Governance Within Its Ecology: The Structure of Management in an Age of Globalization (May 2016) [SSRN]

Bettina Lange & Fiona Haines, Regulatory Transformations: An Introduction (May 2016) [SSRN]

Kyle D. Logue, In Praise of (Some) Ex Post Regulation: A Response to Professor Galle (March 2016) [SSRN]


Public Administration

Anya Bernstein, Bureaucratic Speech: Language Choice and Democratic Identity in the Taipei Bureaucracy (July 2016) [SSRN]

Gail Sheppard, The evolution of public–private partnership in Ireland: a sustainable pathway?, in International Review of Administrative Sciences (July 2016) [SAGE Journals]

Mariusz Maciejewski, To do more, better, faster and more cheaply: using big data in public administration, in International Review of Administrative Sciences (June 2016) [SSRN]

Gyupan Kim, Regulatory Reform in Japan (June 2016) [SSRN]

Mark Dincecco & Nico Ravanilla, Do Bureaucrats Matter for State Capacity? Evidence from the Philippines (May 2016) [SSRN]

Judita Stanulevičiūtė et al., Comparative Public Administration and Management – Innovation, Change, Partnership in Social Media Era (May 2016) [SSRN]


Environmental Law & Regulation

Catherine O’Neill, Exposed: Asking the Wrong Question in Risk Regulation (June 2016) [SSRN]

Michael A. Livermore , The Perils of Experimentation (May 2016) [SSRN]


Financial Regulation

Colleen Baker, When Regulators Collide: Financial Market Stability, Systemic Risk, Clearinghouses and CDS (June 2016) [SSRN]

Cristie Ford, Systemic Risk Regulation in Comparative Perspective (May 2016) [SSRN]


EU Administrative Law

Herwig C.H. Hofmann, A European Regulatory Union – The Role of Agencies and Standards (June 2016) [SSRN]

Vesco Paskalev, GMO Regulation in Europe: Undue Delegation, Abdication or Design Flaw? (June 2016) [SSRN]

Vivien A. Schmidt, Reinterpreting the rules ‘by stealth’ in times of crisis: a discursive institutionalist analysis of the European Central Bank and the European Commission, in 39(5) West European Politics (June 2016) [Taylor & Francis Online]


[Scholarship] New Articles on Administrative Law & Regulation (32nd installment)

Accountability & Decision-making Processes

Jud Mathews, Minimally Democratic Administrative Law (February 2016) [SSRN]

Jennifer Nou & Edward Stiglitz, Strategic Rulemaking Disclosure (February 2016) [SSRN]

Laurence Tai, Fast fixes for FOIA. 52 Harv. J. on Legis. 455-507 (2015) [Hein]


Judicial Review

Andrew Edgar, Judicial Review of Delegated Legislation: Why Favour Substantive Review Over Procedural Review? (March 2016) [SSRN]

Christopher J. Walker, Referral, Remand, and Dialogue in Administrative Law (February 2016) [SSRN]

Cass R. Sunstein & Adrian Vermeule, The Unbearable Rightness of Auer (January 2016) [SSRN]

Michael P. Healy, Means and ends in City of Arlington v. FCC: ignoring the lawyer’s craft to reshape the scope of Chevron deference. 76 U. Pitt. L. Rev. 391-426 (2015) [Hein]

Michael Herz, Chevron is Dead; Long Live Chevron (December 2015) [SSRN]

Paul Daly, The Struggle for Deference in Canada (2015) [SSRN]


Executive Department

Eloise Pasachoff, The President’s Budget as a Source of Agency Policy Control (May 2016) [SSRN]

Ilan Wurman, Constitutional Administration (May 2016) [SSRN]

Michael Asimow & Yoav Dotan, Hired Guns and Ministers of Justice: The Role of Government Attorneys in the United States and Israel (March 2016) [SSRN]

Adrian Vermeule, Optimal abuse of power. 109 Nw. U. L. Rev. 673-694 (2015) [Hein]

Matthew J.B. Lawrence, Procedural triage. 84 Fordham L. Rev. 79-130 (2015) [Hein]

James R. Jr. Hines & Kyle D. Logue, Delegating tax, 114 Mich. L. Rev. 235-274 (2015) [Hein]


Legislation/Statutory Interpretation

James J. Brudney & Lawrence Baum, Protean Statutory Interpretation in the Courts of Appeals (March 2016) [SSRN]

Bradley Silverman, Statutory Ambiguity in King v. Burwell: Time for a Categorical Chevron Rule [SSRN]

Legislation/Regulation and the Core Curriculum. Articles by James J. Brudney, John F. Manning, Matthew Stephenson, Dakota S. Rudesill, Christopher J. Walker, Daniel P. Tokaji, and Abbe R. Gluck. 65 J. Legal Educ. 3-163 (2015) [Hein]


Administrative Independence

Athanasios Psygkas, Building Castles and Ballistae: The Role of Administrative Procedure Law in Setting Up Independent Agencies (March 2016) [SSRN]

Kim R. Sawyer, The Independent Regulator (January 2016) [SSRN]


Modes of Governance and Regulation

Mila Sohoni, The Administrative Constitution in Exile (March 2016) [SSRN]

David L. Markell & Robert L. Glicksman, Dynamic Governance in Theory and Application, Part I (February 2016) [SSRN]

Julie E. Cohen, The Regulatory State in the Information Age (January 2016) [SSRN]

Richard W. Parker & Alberto Alemanno, A Comparative Overview of EU and US Legislative and Regulatory Systems: Implications for Domestic Governance & the Transatlantic Trade and Investment Partnership (January 2016) [SSRN]

Jerry Louis Mashaw & David Harfst, The Transformation of Auto Safety Regulation: Bureaucratic Adaptation to Legal Culture (December 2015) [SSRN]

Peter Mascini, Comparing Assumptions Underlying Regulatory Inspection Strategies: Implications for Oversight Policy [SSRN]

J.B. Ruhl & James Salzman. Regulatory exit. 68 Vand. L. Rev. 1295-1334 (2015) [Hein]

Aaron L. Nielson, Visualizing change in administrative law. 49 Ga. L. Rev. 757-818 (2015) [Hein]


Public Administration

Stephan G. Grimmelikhuijsen, Sebastian Jilke, Asmus Leth Olsen & Lars G. Tummers, Behavioral Public Administration: Combining Insights from Public Administration and Psychology (May 2016) [SSRN]


The Public/Private Divide

James Matthew Rice, The Private Nondelegation Doctrine: Preventing the Delegation of Regulatory Authority to Private Parties and International Organizations (April 2016) [SSRN]


Environmental Law & Regulation

Erin Ryan, Federalism, Regulatory Architecture, and the Clean Water Rule: Seeking Consensus on the Waters of the United States (April 2016) [SSRN]

Jonathan H. Adler, Dynamic environmentalism and adaptive management: legal obstacles and opportunities. 11 J.L. Econ. & Pol’y 133-161 (2015) [Hein]


Financial Regulation

Special Issue: The Politics of Supranational Banking Supervision in Europe, 39(3) West European Politics, (May 2016) [Taylor & Francis Online]

Usha Rodrigues, Dictation and Delegation in Securities Regulation (April 2016) [SSRN]

Michael Patrick Wilt, The Political Economy of Corporate Financial Regulatory Legislation (February 2016) [SSRN]


EU Administrative Law

Maria Weimer & Gaia Pisani, Expertise as Justification: The Contested Legitimation of the EU ‘Risk Administration’ (April 2016) [SSRN]

Herwig C.H. Hofmann, A European Regulatory Union – The Role of Agencies and Standards (March 2016) [SSRN]


Global Regulation/ Global Governance

Gianluca Sgueo, Beyond Networks – Interlocutory Coalitions, the European and Global Legal Orders (April 2016) [SSRN]

Jonathan B. Wiener & Alberto Alemanno, The Future of International Regulatory Cooperation: TTIP as a Learning Process Toward a Global Policy Laboratory (December 2015) [SSRN]

About the CompAdmin Blog

This blog is part of the Comparative Administrative Law Initiative at Yale Law School and supported by a grant from the Oscar M. Ruebhausen Fund at Yale Law School. It aims to help inform scholars and practitioners of administrative law about new developments in administrative law in a wide range of countries and institutions. Our effort is to monitor the press and the academic literature to let subscribers know about important developments and to provide links to documents, court decisions, and recent scholarship. We are happy to post entries in languages other than English and links to non-English materials. The goal is for this to be a truly comparative law effort so we hope that even posts about the US will prompt responses with information about related developments elsewhere.

[Reports] How fair is Britain? The Equality and Human Rights Commission launches Human Rights Review 2012

The Equality and Human Rights Commission (EHRC), the statutory body established under the Equality Act 2006 with a remit to monitor and promote human rights and equality in Great Britain, launched today the Human Rights Review 2012. This landmark document, as the Chief Executive of the EHRC described it, follows on from the Triennial Review “How fair is Britain?” of October 2010 (more information on that 2010 report is available here).

Continue Reading…

[Reports] White House Status Report on Open Government

On several occasions this blog has referred to the Obama Administration’s initiatives to promote open government (see, e.g., here, here,  and here). Yesterday the White House released a Status Report on this topic (The Obama Administration’s Commitment to Open Government: A Status Report, accompanied by a post on the White House Open Government Blog).

Continue Reading…

[Event] Conference on corruption and conflicts of interests

The Governance and Public Law Center at Sciences Po and the Continental Law Foundation are organizing their third seminar on economic analysis of public law and policies on the following theme:  «CORRUPTION AND CONFLICTS OF INTERESTS». The workshop will take place on September 28, 2011, at Sciences Po in Paris. For more information, please see the invitation attached here.

[News] Putting it plainly

In a post on the White House Blog yesterday, entitled “Putting it plainly,” Cass Sunstein, the Administrator of the Office of Information and Regulatory Affairs, describes the huge difference that the use of plain language on the part of federal agencies can make. Sunstein notes that “far too often, agencies use confusing, technical, and acronym-filled language. Such language can cost consumers and small business owners precious time in their efforts to play by the rules. The good news is that relatively small efforts to communicate more clearly can minimize that burden.”

Continue Reading…

[Cases] Corporations do not have “personal privacy” for the purposes of Exemption 7(C) of the U.S. Freedom of Information Act

Chief Justice Roberts delivered today the 8-0 decision of the Supreme Court in the case Federal Communications Commission v. AT&T (Justice Kagan took no part in the case). The Court held unanimously that the protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations. The text of the opinion is available here.

Continue Reading…

[Book] Book publication announcement: Comparative Administrative Law, edited by Susan Rose-Ackerman and Peter Lindseth (Edward Elgar)

This is to announce the publication of the edited volume based on the conference on Comparative Administrative Law that Professors Susan Rose-Ackerman and Peter Lindseth organized at Yale Law School in May 2009.

Continue Reading…

[Cases] Milner v. Department of the Navy and the scope of Exemption 2 of the U.S. Freedom of Information Act

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, allows citizens to access government documents unless one of nine numerated exemptions applies. Exemption 2 [5 U.S.C. § 552(b)(2)] exempts from disclosure records “related solely to the internal personnel rules and practices of an agency.” In this case, petitioner Glen Milner requested maps showing how far an explosion would travel from the U.S. Navy’s Magazine Indian Island into the surrounding public waters, property and community. The Navy refused to release the maps although it did disclose most of the requested documents to Milner. The district court granted summary judgment in favor of the Navy.

Continue Reading…

« Newer Posts Older Posts »