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Part of the Administrative Law Commons

2021

All the Tenacity of Original Sin: Agencies and Courts Continue to Place the Burden of Persuasion on Defendants in Violation of the APA and Supreme Court Precedent, Arthur Sapper
Brigham Young University Journal of Public Law

Engineering the Modern Administrative State: Political Accommodation and Legal Strategy in the New Deal Era, Daniel B. Rodriguez, Barry R. Weingast
BYU Law Review

2020

The Little Statute that Gets No Respect: How Courts Have Ignored the Administrative Procedure Act with Respect to Whether Pre-Enforcement Challenge Provisions are Exclusive, Arthur Sapper
Brigham Young University Journal of Public Law

Big Agriculture and Harm to Minority Communities: How Administrative Civil Rights Complaints Are the Solution, Morgan Drake
BYU Law Review

Stakeholder Collaboration as an Alternative to Cost-Benefit Analysis, Karen Bradshaw
BYU Law Review

Deregulation Defanged: An Empirical Review of Federal Deregulatory Policy and its Legal Obstacles, Jack Thorlin
Brigham Young University Journal of Public Law

Enforcement Piggybacking and Multistate Actions, Elysa M. Dishman
BYU Law Review

2019

The Stock Exchange as Multi-sided Platform and the Future of the National Market System, Steven McNamara
BYU Law Review

2016

Transparent Review of Agency Immigration Decisions, Kyler McCarty
BYU Law Review

2015

The New Qualified Immunity, Aaron L. Nielson, Christopher J. Walker
Faculty Scholarship

The Deliberation Paradox and Administrative Law, William R. Sherman
BYU Law Review

2014

Trans-Substantivity and the Processes of American Law, David Marcus
BYU Law Review

2013

Environmental Regulatory Nukes, Brigham Daniels
Faculty Scholarship

2012

The Absurd Results Doctrine, Chevron, and Climate Change, D. Wiley Barker
Brigham Young University Journal of Public Law

When Agencies Go Nuclear: A Game Theoretic Approach to the Biggest Sticks in an Agency's Arsenal, Brigham Daniels
Faculty Scholarship

2010

FCC v. Fox Television Stations and the Role of Logical Error in Hard Look Review, Samuel G. Brooks
BYU Law Review

2005

Checks and Balances on the Fifth Branch of Government: Colorado Environmental Coalition v. Wenker and the Justiciability of the Federal Advisory Committee Act, Joshua W. Abbott
BYU Law Review

Use of WTO Decisions in Judicial Review of Adminstrative Action Under U.S. Antidumping Law, Dan Nichols
Brigham Young University International Law & Management Review

2000

The Weak Nondelegation Doctrine and American Trucking Associations v. EPA, Gabriel Clark
BYU Law Review

1997

A Contract-Enhancing Norm Limiting Federal Preemption of Presumptively State Domains, Nim Razook
Brigham Young University Journal of Public Law

1995

The Effect of the Utah Administrative Procedures Act on the Standards of Review for Final Administrative Agency Adjudications, John C. Steele
Brigham Young University Journal of Public Law

1991

Standing to Contest Administrative Action Under the Land Withdrawal and Review Program: Lujan v. National Wildlife Federation, Darin T. Judd
Brigham Young University Journal of Public Law

1989

National Trends in Court Review of Agency Action: Some Reflections on the Model State Administrative Procedure Act and New Utah Administrative Procedure Act, Dave Frohnmayer
Brigham Young University Journal of Public Law

1988

Mandating State Agency Lawmaking by Rule, Arthur Earl Bonfield
Brigham Young University Journal of Public Law

Professional Responsibility Issues in Administrative Adjudication: A Colorado Perspective, Judith F. Schulman
Brigham Young University Journal of Public Law

Regulatory Explosion: Observations on Understanding Utah Administrative Rules, William S. Callaghan
Brigham Young University Journal of Public Law

Professional Responsibility Issues in Administrative Adjudication, L. Harold Levinson
Brigham Young University Journal of Public Law

1985

The Preemptive Effect of OSHA's Hazard Communication Standard Outside the Manufacturing Sector, Toby A. Threet
BYU Law Review

The Changing Relationship of the Judiciary to the Policy and Administrative Processes of Governments: An Overview of Recent Commentary on the Nature, Causes, Consequences, and Proposals for Reform of Contemporary Judicial Encroachment, Stephen L. Fluckiger
BYU Law Review

Judge Wilkey's Contributions to Administrative Law and the Law of Separation of Powers, Steven S. Rosenthal
BYU Law Review

Victim Reparation Programs: Learning From Experience, Byron L. Beck
BYU Law Review

1980

Agency Discretion to Accept Comment in Informal Rulemaking: What Constitutes "Good Cause" Under the Administrative Procedure Act?, Layne M. Campbell
BYU Law Review

1979

Antitrust: Shared Information Between the FTC and the Department of Justice, Judy Beckner Sloan
BYU Law Review

Tucker Act Jurisdiction over Breach of Trust Claims, Gregory K. Orme
BYU Law Review

Regulation of Uninsured Multiple-Employer Trusts Under ERISA: An Open Question Again?, John A. Adams
BYU Law Review

1978

What Is a Record? Two Approaches to the Freedom of Information Act's Threshold Requirement,
BYU Law Review

Illegal Acts and the Discretionary Function Exception of the Federal Tort Claims Act,
BYU Law Review

1977

Administrative Law-Government Contracts-Public Utilities Supplying Services to Government Agencies Are Government Contractors Subject to Nondiscrimination Provisions of Executive Order 11,246-United States v. New Orleans Public Service. Inc.,
BYU Law Review

1976

Administrative Law - Freedom of Information Acti: Exemption 5 - Information Concerning Grounds for Some Renegotiation Board Decisions Made Unavailable - Renegotiation Board v. Grumman Aircraft Engineering Corp.,
BYU Law Review