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Arbitrary And Capricious
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Book Synopsis Arbitrary and Capricious by : Gary Elvin Marchant
Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.
Book Synopsis Arbitrary and Capricious by : Michael A. Foley
Download or read book Arbitrary and Capricious written by Michael A. Foley and published by Bloomsbury Publishing USA. This book was released on 2003-06-30 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all. Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes—and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional. Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.
Book Synopsis The Arbitrary and Capricious Standard Under the APA by : LandMark Publications
Download or read book The Arbitrary and Capricious Standard Under the APA written by LandMark Publications and published by . This book was released on 2017-05-22 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss, analyze and interpret the arbitrary and capricious standard under the Administrative Procedure Act. The selection of decisions spans from 2014 to the date of publication.Under the APA, an agency action, finding, or conclusion can be set aside where it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" or is "unsupported by substantial evidence." 5 U.S.C. � 706(2)(A), (E). This standard is "exceedingly deferential." Defs. of Wildlife v. U.S. Dep't of Navy, 733 F.3d 1106, 1115 (11th Cir. 2013) (quoting Fund for Animals, Inc. v. Rice, 85 F.3d 535, 541(11th Cir. 1996)). Mendoza v. Secretary, Department of Homeland Security, (11th Cir. 2017)To determine whether the agency's action was arbitrary and capricious, we examine whether the agency came to a rational conclusion and do not substitute our own judgment for that of the agency. Id. We set aside an agency action as arbitrary and capricious only where (1) the agency "relied on factors which Congress has not intended it to consider," (2) the agency "failed to consider an important aspect of the problem," (3) the agency explained its decision in a way "that runs counter to the evidence," or (4) the action "is so implausible that it could not be ascribed to a difference in view or the product of agency expertise." Id. (quoting Miccosukee Tribe of Indians of Fla. v. United States, 566 F.3d 1257, 1264 (11th Cir. 2009)).
Book Synopsis Arbitrary and Capricious Standard Under the APA by : LandMark Publications
Download or read book Arbitrary and Capricious Standard Under the APA written by LandMark Publications and published by . This book was released on 2018-03-11 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the arbitrary and capricious standard under the Administrative Procedure Act. * * * Under Administrative Procedure Act § 706(2)(A), a reviewing court may set aside an agency action if it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A).An agency interpretation would surely be "arbitrary" or "capricious" if it were picked out of a hat, or arrived at with no explanation, even if it might otherwise be deemed reasonable on some unstated ground. Catskill Mountains Chapter of Trout v. EPA, 846 F. 3d 492, (2nd Cir. 2017). * * * So long as any change is reasonably explained, it is not arbitrary and capricious for an agency to change its mind in light of experience, or in the face of new or additional evidence, or further analysis or other factors indicating that the agency's earlier decision should be altered or abandoned. Cf. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 514-16 (2009). New England Power Generators Association, Inc. v. Federal Energy Regulatory Commission, (DC Cir. 2018). * * *It is well-settled that the NLRB -- like any other agency -- cannot "turn[] its back on its own precedent and policy without reasoned explanation." Dupuy v. NLRB, 806 F.3d 556, 563 (D.C. Cir. 2015); see also E.I. Du Pont de Nemours & Co. v. NLRB, 682 F.3d 65, 70 (D.C. Cir. 2012) (explaining that the NLRB must "give a reasoned justification for departing from its precedent"). Generally speaking, "the requirement that an agency provide reasoned explanation for its action ... demand[s] that it display awareness that it is changing position. An agency may not, for example, depart from a prior policy sub silentio or simply disregard rules that are still on the books." FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515, 129 S.Ct. 1800, 173 L.Ed.2d 738 (2009). And if "a party makes a significant showing that analogous cases have been decided differently, the agency must do more than simply ignore that argument." LeMoyne-Owen Coll. v. NLRB, 357 F.3d 55, 61 (D.C. Cir. 2004). Thus, when the Board fails to explain -- or even acknowledge -- its deviation from established precedent, "its decision will be vacated as arbitrary and capricious." Manhattan Ctr. Studios, Inc., v. NLRB, 452 F.3d 813, 816 (D.C. Cir. 2006). ABM Onsite Services v. NLRB, 849 F. 3d 1137 (DC Cir. 2017).
Book Synopsis Deadly Justice by : Frank R. Baumgartner
Download or read book Deadly Justice written by Frank R. Baumgartner and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
Book Synopsis Notice and Comment Rulemaking ; the Federal Register Publication Requirement ; and the "arbitrary and Capricious" Standard for Judicial Review by : Florence Wagman Roisman
Download or read book Notice and Comment Rulemaking ; the Federal Register Publication Requirement ; and the "arbitrary and Capricious" Standard for Judicial Review written by Florence Wagman Roisman and published by . This book was released on 1989 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Arbitrary and Capricious by : Michael A. Foley
Download or read book Arbitrary and Capricious written by Michael A. Foley and published by Praeger. This book was released on 2003-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all. Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes—and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional. Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.
Book Synopsis The Judge and the Proportionate Use of Discretion by : Sofia Ranchordás
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Book Synopsis The Struggle for Auto Safety by : Jerry L. Mashaw
Download or read book The Struggle for Auto Safety written by Jerry L. Mashaw and published by . This book was released on 2013-10-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining superb investigative reporting with incisive analysis, Jerry Mashaw and David Harfst provide a compelling account of the attempt to regulate auto safety in America. Their penetrating look inside the National Highway Traffic Safety Administration (NHTSA) spans two decades and reveals the complexities of regulating risk in a free society. Hoping to stem the tide of rising automobile deaths and injuries, Congress passed the National Traffic and Motor Vehicle Safety Act in 1966. From that point on, automakers would build cars under the watchful eyes of the federal regulators at NHTSA. Curiously, however, the agency abandoned its safety mission of setting, monitoring, and enforcing performance standards in favor of the largely symbolic act of recalling defective autos. Mashaw and Harfst argue that the regulatory shift from rules to recalls was neither a response to a new vision of the public interest nor a result of pressure by the auto industry or other interest groups. Instead, the culprit was the legal environment surrounding NHTSA and other regulatory agencies such as the EPA, OSHA, and the Consumer Product Safety Commission. The authors show how NHTSA's decisions as well as its organization, processes, and personnel were reoriented in order to comply with the demands of a legal culture that proved surprisingly resistant to regulatory pressures. This broad-gauged view of NHTSA has much to say about political idealism and personal ambition, scientific commitment and professional competition, long-range vision and political opportunism. A fascinating illustration of America's ambivalence over whether government is a source of--or solution to--social ills, The Struggle for Auto Safety offers important lessons about the design and management of effective health and safety regulatory agencies today.
Download or read book City Rules written by Emily Talen and published by Island Press. This book was released on 2012-06-22 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: City Rules offers a challenge to students and professionals in urban planning, design, and policy to change the rules of city-building, using regulations to reinvigorate, rather than stifle, our communities. Emily Talen demonstrates that regulations are a primary detriment to the creation of a desirable urban form. While many contemporary codes encourage sprawl and even urban blight, that hasn't always been the case-and it shouldn't be in the future. Talen provides a visually rich history, showing how certain eras used rules to produce beautiful, walkable, and sustainable communities, while others created just the opposite. She makes complex regulations understandable, demystifying city rules like zoning and illustrating how written codes translate into real-world consequences. Most importantly, Talen proposes changes to these rules that will actually enhance communities' freedom to develop unique spaces.
Book Synopsis Arbitrary and Capricious by : Gary Elvin Marchant
Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by . This book was released on 2005 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Guide to Federal Agency Rulemaking by : Jeffrey S. Lubbers
Download or read book A Guide to Federal Agency Rulemaking written by Jeffrey S. Lubbers and published by American Bar Association. This book was released on 2006 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.
Author :Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University Publisher :Rowman & Littlefield ISBN 13 :1538141507 Total Pages :237 pages Book Rating :4.5/5 (381 download)
Book Synopsis The Dubious Morality of Modern Administrative Law by : Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University
Download or read book The Dubious Morality of Modern Administrative Law written by Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University and published by Rowman & Littlefield. This book was released on 2020-03-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.
Book Synopsis Business Secrets of the Trappist Monks by : August Turak
Download or read book Business Secrets of the Trappist Monks written by August Turak and published by Columbia University Press. This book was released on 2013-07-09 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: August Turak is a successful entrepreneur, corporate executive, and award-winning author who attributes much of his success to living and working alongside the Trappist monks of Mepkin Abbey for seventeen years. As a frequent monastic guest, he learned firsthand from the monks as they grew an incredibly successful portfolio of businesses. Service and selflessness are at the heart of the 1,500-year-old monastic tradition's remarkable business success. It is an ancient though immensely relevant economic model that preserves what is positive and productive about capitalism while transcending its ethical limitations and internal contradictions. Combining vivid case studies from his thirty-year business career with intimate portraits of the monks at work, Turak shows how Trappist principles can be successfully applied to a variety of secular business settings and to our personal lives as well. He demonstrates that monks and people like Warren Buffett are wildly successful not despite their high principles but because of them. Turak also introduces other "transformational organizations" that share the crucial monastic business strategies so critical for success.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The UN Working Group on Arbitrary Detention by : Jared Genser
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Book Synopsis Federal Standards of Review by : Steven Alan Childress
Download or read book Federal Standards of Review written by Steven Alan Childress and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
