What Can Philosophy Teach Us About Administrative Law?

Scholarship

PUBLISHER

Yale Journal on Regulation Notice & Comment

DATE

2021-04-21

Aditya Bamzai

Aditya Bamzai, What Can Philosophy Teach Us About Administrative Law?, Yale Journal on Regulation Notice & Comment (April 21, 2021).

The Perils and Promise of Public Nuisance
Leslie Kendrick
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is... MORE
State Separation of Powers and the Federal Courts
Ann Woolhandler
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE
The Problem of “Relevant Experience”
Craig Konnoth
In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an... MORE

Responding to Mass, Computer-Generated, and Malattributed Comments
Michael A. Livermore
A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for... MORE
A Modern Poor Debtor's Oath
Rich Hynes
Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford... MORE
Privacy Injunctions
Danielle K. Citron
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations... MORE

Regulating Representatives in Agency Adjudicative Proceedings
George M. Cohen
Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication. Many federal agencies... MORE
Fertility, Immigration, and Public Support for Parenting
Naomi R. Cahn
As this Essay shows, the fertility discourse of the last half century deals with the profound effects that come from the transformation of the... MORE
Executive Administration of the Government’s Resources and the Delegation Problem
John C. Harrison
Governments regulate private conduct. They also exercise rights of ownership and contract that are like those of private people. From the founding to... MORE

Local Control of Land Use: A Partial Defense
Richard C. Schragger
The Perils of Land Use Deregulation, my intervention in the land use/housing debate, has now been published by the University of Pennsylvania Law... MORE
Executive Decisions After Arthrex
John F. Duffy
Decisionmaking in the modern executive branch frequently rests on a convenient formalism. Ultimate power is typically vested in high-level “... MORE
Regulation of Representatives in Agency Adjudicative Proceedings
George M. Cohen
Many federal agencies conduct adjudicative proceedings and permit claimants or parties to those proceedings to be represented by attorney or non-... MORE

Chevron’s Next Chapter: A Fig Leaf for the Nondelegation Doctrine
Alison Gocke
The Supreme Court has recently signaled its interest in developing a new nondelegation test, one that would have courts more aggressively police... MORE
Health Data Federalism
Craig Konnoth
Federalism scholarship abounds on nearly all aspects of healthcare: on the Affordable Care Act, public health powers, licensing, and drug and device... MORE
The Perils of Land Use Deregulation
Richard C. Schragger
Land use regulation and zoning have long been core functions of local governments. Critics of local land use practices, however, assert that local... MORE

The New Separation of Ownership and Control: Institutional Investors and ESG
Paul G. Mahoney

Julia D. Mahoney
Scholars and policy makers have long debated whether corporations should serve social purposes at the expense of shareholder wealth. The SEC has... MORE
Empirically Validating Citation Metrics for Legal Scholars: A Market Approach
Joshua Fischman

Michael A. Livermore
Citation counts are a common quantitative metric used by researchers and analysts to assess scholarly output. When U.S. News & World Report... MORE
Judicial Deference and Doctrinal Clarity
Aditya Bamzai
The Supreme Court’s most recent foray into clarifying when courts ought to “defer” to agency interpretations of their own regulations—Kisor v. Wilkie... MORE