The Importance Of Resource Allocation In Administrative Law

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The Importance of Resource Allocation in Administrative Law

Author : Eric Biber
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Importance of Resource Allocation in Administrative Law by : Eric Biber

Download or read book The Importance of Resource Allocation in Administrative Law written by Eric Biber and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in Massachusetts v. EPA is only the most recent example of judicial review of an agency's decision not to take a regulatory action. Despite the importance of this type of judicial review, it has received very little analysis by administrative law scholars or the courts, and the caselaw in the field is ambiguous and confused. As a result, there are serious questions about the nature and scope of judicial review of agency decisions not to take regulatory actions - with some scholars and leading judges calling for sharply limiting this type of judicial review because of the risk new regulation might pose to individual liberty. This paper examines an alternative set of principles to guide judicial review of agency decisions not to regulate - a trade-off between judicial deference to agency decisions as to how to allocate their resources and judicial enforcement of clear Congressional commands to agencies. A proper understanding of that trade-off provides us with guidelines for understanding how and why courts should be intervening in some, but not in other, situations where agencies have refused to take regulatory action. Moreover, the trade-off more broadly helps explain varying levels of judicial deference outside the context of judicial review of agency inaction - and it helps explain why the Supreme Court has set aside certain types of agency decisions as presumptively unreviewable by the courts. Finally, when courts strike the proper balance between judicial deference to agency resource allocation and enforcement of clear Congressional commands they will be able to ameliorate the worst types of public choice failures that might arise from the implementation of regulatory programs that can broadly benefit society, but at the expense of concentrated costs imposed on small groups.

Scarcity and the State

Author : P. C. Adriaanse
Publisher :
ISBN 13 : 9781780683478
Total Pages : 0 pages
Book Rating : 4.6/5 (834 download)

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Book Synopsis Scarcity and the State by : P. C. Adriaanse

Download or read book Scarcity and the State written by P. C. Adriaanse and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whereas economic and political theory has paid much attention to the allocation of scarce goods and rights, until now a consistent and general legal theory of "the allocating government" has been missing. This is striking given the fact that limited rights have to be allocated within many sectors and are often of great social significance and financial importance. Decisions on the allocation often lead to disputes. This book provides a unique exploration of building blocks for a consistent and general legal theory on the allocation of limited rights by administrative authorities. This book is useful to legislators, administrative authorities, applicatns, interested third parties and the courts." --

Justifying Justiciability: Healthcare Resource Allocation, Administrative Law and the Baseline Judicial Role

Author : Edward Lui
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis Justifying Justiciability: Healthcare Resource Allocation, Administrative Law and the Baseline Judicial Role by : Edward Lui

Download or read book Justifying Justiciability: Healthcare Resource Allocation, Administrative Law and the Baseline Judicial Role written by Edward Lui and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Law and Regulatory Policy

Author : Stephen G. Breyer
Publisher : Aspen Publishing
ISBN 13 : 1543825834
Total Pages : 1430 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Administrative Law and Regulatory Policy by : Stephen G. Breyer

Download or read book Administrative Law and Regulatory Policy written by Stephen G. Breyer and published by Aspen Publishing. This book was released on 2022-02-25 with total page 1430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority) Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives

The Rate and Direction of Inventive Activity

Author : National Bureau of Economic Research
Publisher : Princeton University Press
ISBN 13 : 1400879760
Total Pages : 647 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Rate and Direction of Inventive Activity by : National Bureau of Economic Research

Download or read book The Rate and Direction of Inventive Activity written by National Bureau of Economic Research and published by Princeton University Press. This book was released on 2015-12-08 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers here range from description and analysis of how our political economy allocates its inventive effort, to studies of the decision making process in specific industrial laboratories. Originally published in 1962. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Smith V. Heckler

Author :
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Smith V. Heckler by :

Download or read book Smith V. Heckler written by and published by . This book was released on 1985 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Resource Allocation, Welfare Rights - Mapping the Boundaries of Judicial Control in Public Administrative Law

Author : Elizabeth Palmer
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Resource Allocation, Welfare Rights - Mapping the Boundaries of Judicial Control in Public Administrative Law by : Elizabeth Palmer

Download or read book Resource Allocation, Welfare Rights - Mapping the Boundaries of Judicial Control in Public Administrative Law written by Elizabeth Palmer and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In a recent line of cases, senior judges in the UK have been called upon to adjudicate in complaints over the failure of health and local authorities to meet the welfare needs of citizens. Local authorities claimed that the disputes had been precipitated by a lack of resources allocated by central government to meet local demand. This article examines the role of the courts in resolving a fundamental tension between central government policy of financial cost-cutting on the one hand and welfarist principles embodied in legislation for the delivery of public services on the other. Questions are raised about the relevance and appropriateness of rights-based adjudication in welfare needs contexts and about the reluctance of courts to intervene in the resolution of resource allocation disputes even where fundamental rights, particularly in areas such as health, community care, and education where notions of rights are inextricably bound up with use of financial resources. These key cases have arisen prior to the implementation of the Human Rights Act 1998. Where relevant, the likely impact of the Act on welfare needs disputes is considered.

Public Health Ethics: Cases Spanning the Globe

Author : Drue H. Barrett
Publisher : Springer
ISBN 13 : 9783319238463
Total Pages : 0 pages
Book Rating : 4.2/5 (384 download)

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Book Synopsis Public Health Ethics: Cases Spanning the Globe by : Drue H. Barrett

Download or read book Public Health Ethics: Cases Spanning the Globe written by Drue H. Barrett and published by Springer. This book was released on 2016-04-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Open Access book highlights the ethical issues and dilemmas that arise in the practice of public health. It is also a tool to support instruction, debate, and dialogue regarding public health ethics. Although the practice of public health has always included consideration of ethical issues, the field of public health ethics as a discipline is a relatively new and emerging area. There are few practical training resources for public health practitioners, especially resources which include discussion of realistic cases which are likely to arise in the practice of public health. This work discusses these issues on a case to case basis and helps create awareness and understanding of the ethics of public health care. The main audience for the casebook is public health practitioners, including front-line workers, field epidemiology trainers and trainees, managers, planners, and decision makers who have an interest in learning about how to integrate ethical analysis into their day to day public health practice. The casebook is also useful to schools of public health and public health students as well as to academic ethicists who can use the book to teach public health ethics and distinguish it from clinical and research ethics.

Harvard Law Review: Volume 129, Number 7 - May 2016

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 161027802X
Total Pages : 384 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 129, Number 7 - May 2016 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 129, Number 7 - May 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-05-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The May 2016 issue, Number 7, features these contents: • Article, "The Positive Law Model of the Fourth Amendment," by William Baude and James Y. Stern • Essay, "Deference and Due Process," by Adrian Vermeule • Book Review, "How to Explain Things with Force," by Mark Greenberg • Note, "Free Speech Doctrine After Reed v. Town of Gilbert" Furthermore, student commentary analyzes Recent Cases on the Affordable Care Act and the origination clause; statutory interpretation and the Video Privacy Protection Act; and commercial speech doctrine and the FDA's power to prosecute non-misleading statements after modifying text. Other commentary examines South Carolina's legislative effort to to disqualify companies who support BDS from receiving state contracts; and the NLRB's adjudicative ruling to classify canvassers as employees, not independent contractors. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the seventh issue of academic year 2015-2016.

Natural Resources

Author : Judith Rees
Publisher : Routledge
ISBN 13 : 1351623044
Total Pages : 518 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Natural Resources by : Judith Rees

Download or read book Natural Resources written by Judith Rees and published by Routledge. This book was released on 2017-10-19 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, first published in 1990, Judith Rees considers the spatial distribution of resource availability, development and consumption, and the distribution of resource-generated wealth and welfare. Showing that there are no simple answers, she analyses the complex interactions between economic forces, administrative structures and political institutions. This well-structured text is essential reading for upper-level students in geography, environmental planning, economics and resource management.

Harvard Law Review: Volume 131, Number 3 - January 2018

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610277732
Total Pages : 310 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 131, Number 3 - January 2018 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 131, Number 3 - January 2018 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2018-01-09 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contents for this January 2018 issue of the Harvard Law Review, Number 3 of Volume 131, include: • Article, "The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power," by Nicholas R. Parrillo • Book Review, "Rethinking Autocracy at Work," by Cynthia Estlund • Note, "Congressional Intent to Preclude Equitable Relief — Ex Parte Young After Armstrong" • Note, "Sixth Amendment Challenge to Courthouse Dress Codes" • Note, "The Virtues of Heterogeneity, in Court Decisions and the Constitution" In addition, the issue features student commentary on Recent Cases and other legal actions, including such subjects as: standing in class actions for credit reporting; right of access of press re Guantanamo Bay detainees; parolees and disability rights under the ADA; intent and manslaughter by encouraging suicide; proposed legislation to ameliorate punitive effects of drug crimes involving marijuana; and President Trump's tweets purporting to ban transgender servicemembers in the military. Finally, the issue includes summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition (since 2011), featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting.

Law’s Abnegation

Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 0674974719
Total Pages : 267 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law’s Abnegation by : Adrian Vermeule

Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.

Sovereign Choices and Sovereign Constraints

Author : Gus Van Harten
Publisher : Oxford University Press (UK)
ISBN 13 : 0199678642
Total Pages : 217 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Sovereign Choices and Sovereign Constraints by : Gus Van Harten

Download or read book Sovereign Choices and Sovereign Constraints written by Gus Van Harten and published by Oxford University Press (UK). This book was released on 2013-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.

University of Chicago Law Review: Volume 79, Number 2 - Spring 2012

Author : University of Chicago Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279212
Total Pages : 400 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Volume 79, Number 2 - Spring 2012 by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Volume 79, Number 2 - Spring 2012 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2012-11-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading law review offers a quality eBook edition. This second issue of 2012 features articles and essays from internationally recognized legal scholars. Authors include Eric Biber, writing on variations in scientific disciplines, experts, and environmental law; Frederic Bloom and Christopher Serkin, on suing courts and takings of property; Myriam Gilles and Gary Friedman, on aggregating consumer litigation after the AT&T Mobility decision on class actions; and David Skeel, Jr., on the possibility of bankruptcy for several U.S. states. In addition, the issue includes book review essays by Aziz Huq, concerning the power and limits of the executive branch; and by Laura Nirider, Joshua Tepfer, and Steven Drizin, on convicting the innocent and false confessions. Finally, an extensive student contribution explores antitrust law, state immunity from suit, and state licensing boards. In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.

Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration

Author : M. Elvira Méndez-Pinedo
Publisher : ADJURIS – International Academic Publisher
ISBN 13 : 6069431286
Total Pages : 294 pages
Book Rating : 4.0/5 (694 download)

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Book Synopsis Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration by : M. Elvira Méndez-Pinedo

Download or read book Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration written by M. Elvira Méndez-Pinedo and published by ADJURIS – International Academic Publisher. This book was released on 2019-08-15 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the scientific papers presented at the 2nd International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 17 May 2019 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into two chapters: Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at European and International Level and Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at National Level. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

At His Crossroad

Author : Igor Kovač
Publisher : Springer
ISBN 13 : 3319783319
Total Pages : 185 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis At His Crossroad by : Igor Kovač

Download or read book At His Crossroad written by Igor Kovač and published by Springer. This book was released on 2018-06-15 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a translation and celebration of Slovenian politician France Bučar’s seminal work. Divided into two parts, the book first contains several studies of Bučar’s arguments. As Bučar applied his system theory to a variety of issues, so too the conglomerate of scholars and issues critically assessed is interdisciplinary, ranging from political science and economics, to law and philosophy, as well as to natural sciences. The contributors and the questions of their essays in the edited volume are as follows. Peter Verovsek (University of Sheffield) examines different branches of Critical Theory and classifies Bučar within them. Mark Hamilton (Inter-American Defense College) discusses system dynamics of Bučar’s system theory. Urška Velikonja (Georgetown University) applies Bučar’s system theory to the question of the ethics, rules, and regulations in financial economics. Finally, Matej Drev (Georgia Institute of Technology) connects Bučar to the issue of artificial intelligence and inequality. The second part is the English translation of Bučar’s book At A New Crossroads, which addresses the role of ethics in society. Bučar normatively redefines national identity as the crux of his novel understanding of ethics. Using system theory, he addresses the problems of globalization and governance, presenting a post-modern synthesis of the logic of free flow of capital and global citizenship, with national and cultural identity. Speaking to contemporary society, he shows how society and ethical life are reproduced. Bučar provides the reader with new tools to think about national identity and global politics. Bringing an important work on ethics, government, and identity to an entirely new readership, this book will appeal to a broad academic audience, namely students and practitioners in the fields of economics, social sciences, and humanities.

Constitutional and Administrative Law

Author : Roger Masterman
Publisher : Cambridge University Press
ISBN 13 : 1009158481
Total Pages : 889 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Constitutional and Administrative Law by : Roger Masterman

Download or read book Constitutional and Administrative Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2022-06-02 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an accessible, discursive, and scholarly treatment of the key contemporary issues in UK Public Law.