Major Questions in Lower Courts
Judges have taken vastly different approaches to interpreting West Virginia v. Environmental Protection Agency and defining and applying the major questions doctrine.
Administrative Law Review | Fall 2023
Volume 75, Issue 4
Articles
Cost-Benefit Analysis in Polarized Times
While cost-benefit analysis can be defended or criticized from first principles, its real-world staying power is inexorably linked to political parties' substantive policy agendas.
Rethinking the Good Cause Exception to Notice-and-Comment Rulemaking in Light of Interim Final Rules
Courts should recognize an expanded good cause exception to encourage agencies to issue interim final rules (IFR) except in circumstances where issuing an IFR is unlikely to result in a net increase…
Comments
The Push to Grow the Capacity of Inspectors General: What Should Be Next for the Inspector General Community
Senators Hassan and Grassley introduced Senate Bill 1794 in 2021 to expand upon the Inspector General's (IG) investigative power to subpoena by rewarding IGs with the power to compel testimony from c…
Fear and Loathing in the American Workplace
The administrative framework of the National Labor Relations Board (NLRB) remedies, current holes in NLRB protections, and recommendations that should be considered to effectuate the policies of the…
Memorial Tribute
In Memory of Phil Harter
Regulatory negotiations to date have followed almost to the letter the procedures Phil Harter outlined for convening and operating a negotiating group.