Arbitrary And Capricious

Author : Steven J. Cann
Publisher : SAGE
Page : 617 pages
File Size : 45,7 Mb
Release : 2005-08-11
Category : Political Science
ISBN : 9781412913966

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Administrative Law by Steven J. Cann Pdf

In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic" legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000.

Author : Gary Elvin Marchant,Kenneth L. Mossman
Publisher : American Enterprise Institute
Page : 112 pages
File Size : 46,8 Mb
Release : 2004
Category : Business & Economics
ISBN : 0844741892

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Arbitrary and Capricious by Gary Elvin Marchant,Kenneth L. Mossman Pdf

This study examines how the European Union has used the precautionary principle in legal decisions.

Author : Michael A. Foley
Publisher : Bloomsbury Publishing USA
Page : 266 pages
File Size : 48,5 Mb
Release : 2003-06-30
Category : Law
ISBN : 9780313057113

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Arbitrary and Capricious by Michael A. Foley Pdf

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.

Author : Gary Elvin Marchant,Kenneth L. Mossman
Publisher : Unknown
Page : 104 pages
File Size : 44,7 Mb
Release : 2005
Category : Courts
ISBN : 190504108X

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Arbitrary and Capricious by Gary Elvin Marchant,Kenneth L. Mossman Pdf

Author : LandMark Publications
Publisher : Unknown
Page : 550 pages
File Size : 44,5 Mb
Release : 2017-05-22
Category : Electronic
ISBN : 1521340927

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The Arbitrary and Capricious Standard Under the APA by LandMark Publications Pdf

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)).

Author : August Turak
Publisher : Columbia University Press
Page : 201 pages
File Size : 49,6 Mb
Release : 2013-07-09
Category : Business & Economics
ISBN : 9780231535229

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Business Secrets of the Trappist Monks by August Turak Pdf

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 : Paul Craig
Publisher : Oxford University Press
Page : 944 pages
File Size : 50,9 Mb
Release : 2018-10-25
Category : Law
ISBN : 9780192567444

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EU Administrative Law by Paul Craig Pdf

The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Author : United States. Department of Agriculture
Publisher : Unknown
Page : 682 pages
File Size : 41,7 Mb
Release : 1992
Category : Agricultural laws and legislation
ISBN : CUB:P203070314027

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Agriculture Decisions by United States. Department of Agriculture Pdf

Up to 1988, the December issue contains a cumulative list of decisions reported for the year, by act, docket numbers arranged in consecutive order, and cumulative subject-index, by act.

Author : Marc C. Sanchez
Publisher : Springer
Page : 241 pages
File Size : 50,5 Mb
Release : 2014-12-09
Category : Law
ISBN : 9783319124728

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Food Law and Regulation for Non-Lawyers by Marc C. Sanchez Pdf

The book offers a succinct overview of key topics and core concepts for food scientists, quality managers, and others who need to understand the regulation of food and dietary supplements in the U.S. It was designed and modeled after a six-week introduction to food law course currently taught at Northeastern University, and serves as a practical tool for regulatory professionals. The book includes a chapter on each major topic, with summations of the legislative history and general legal landscape. Each chapter focuses the reader on major and emerging issues encountered by facilities. A comparative law section at the end of every chapter offers readers an ability to view alternative methods of regulation and enforcement. This design is unique and allows students and working professionals alike to understand core concepts and the practical application of the law to their work. Using a modified casebook method approach, the book also serves as a practical tool for regulatory professionals.

Author : Charles Murray
Publisher : Crown Forum
Page : 338 pages
File Size : 46,7 Mb
Release : 2016-08-02
Category : Social Science
ISBN : 9780385346535

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By the People by Charles Murray Pdf

The American way of life, built on individual liberty and limited government, is on life support. American freedom is being gutted. Whether we are trying to run a business, practice a vocation, raise our families, cooperate with our neighbors, or follow our religious beliefs, we run afoul of the government—not because we are doing anything wrong but because the government has decided it knows better. When we object, that government can and does tell us, “Try to fight this, and we’ll ruin you.” In this provocative book, acclaimed social scientist and bestselling author Charles Murray shows us why we can no longer hope to roll back the power of the federal government through the normal political process. The Constitution is broken in ways that cannot be fixed even by a sympathetic Supreme Court. Our legal system is increasingly lawless, unmoored from traditional ideas of “the rule of law.” The legislative process has become systemically corrupt no matter which party is in control. But there’s good news beyond the Beltway. Technology is siphoning power from sclerotic government agencies and putting it in the hands of individuals and communities. The rediversification of American culture is making local freedom attractive to liberals as well as conservatives. People across the political spectrum are increasingly alienated from a regulatory state that nakedly serves its own interests rather than those of ordinary Americans. The even better news is that federal government has a fatal weakness: It can get away with its thousands of laws and regulations only if the overwhelming majority of Americans voluntarily comply with them. Murray describes how civil disobedience backstopped by legal defense funds can make large portions of the 180,000-page Federal Code of Regulations unenforceable, through a targeted program that identifies regulations that arbitrarily and capriciously tell us what to do. Americans have it within their power to make the federal government an insurable hazard like hurricanes and floods, leaving us once again free to live our lives as we see fit. By the People’s hopeful message is that rebuilding our traditional freedoms does not require electing a right-thinking Congress or president, nor does it require five right-thinking justices on the Supreme Court. It can be done by we the people, using America’s unique civil society to put government back in its proper box.

Author : United States. Congress. Senate. Committee on Commerce. Subcommittee on Energy, Natural Resources, and the Environment
Publisher : Unknown
Page : 176 pages
File Size : 41,9 Mb
Release : 1970
Category : Environmental law
ISBN : UIUC:30112106579466

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Environmental Protection Act of 1970 by United States. Congress. Senate. Committee on Commerce. Subcommittee on Energy, Natural Resources, and the Environment Pdf

Author : Wayne Rohde
Publisher : Simon and Schuster
Page : 240 pages
File Size : 41,8 Mb
Release : 2014-11-11
Category : Health & Fitness
ISBN : 9781632201690

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The Vaccine Court by Wayne Rohde Pdf

A hard look at the National Vaccine Injury Compensation Program and the families desperately trying to navigate their way through it. The Vaccine Court looks at the mysterious and often unknown world of the National Vaccine Injury Compensation Program (NVICP), the only recourse for seeking compensation for those who have been injured by a vaccine. The NVICP, better known as the ”Vaccine Court,” however, is not without controversy. Established by Congress as a direct result of the passage of the National Childhood Vaccine Injury Act of 1986, the NVICP was supposed to offer a no-fault alternative to the traditional injury claims filed in state or federal courts and was to provide quick, efficient, and fair compensation for those who have been injured by vaccines. The reality, however, is that many cases take several years or longer to complete and require tremendous commitment from families already pushed to the brink of bankruptcy caring for the vaccine-injured family member, only to discover that the end result is manipulated by the government in defense of the US vaccine policy. Mr. Rohde looks into the inner workings of the US Federal Claims Court and the NVICP. He interviews families who have filed petitions and won compensation, families who have been denied compensation, and families still waiting for a decision. By highlighting the journeys of these families—their efforts to find attorneys willing to represent them, the filing of their petitions, and the subsequent mountain of paperwork, medical records, and other documents that span years—Mr. Rohde exposes the bitter truth behind the NVICP. Through his thoughtful interviews and fact-finding research, The Vaccine Court sheds light on how the NVICP has evolved into something far more treacherous than what Congress envisioned with the National Childhood Vaccine Injury Act in 1986.

Author : Federal Labor Relations Council (U.S.)
Publisher : Unknown
Page : 1062 pages
File Size : 47,5 Mb
Release : 1978
Category : Collective labor agreements
ISBN : UCSC:32106017055630

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Decisions and Interpretations of the Federal Labor Relations Council by Federal Labor Relations Council (U.S.) Pdf

Author : United States. Court of Claims,Audrey Bernhardt
Publisher : Unknown
Page : 1096 pages
File Size : 55,7 Mb
Release : 1956
Category : Law reports, digests, etc
ISBN : IND:39000007335636

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Cases Decided in the United States Court of Claims ... with Report of Decisions of the Supreme Court in Court of Claims Cases by United States. Court of Claims,Audrey Bernhardt Pdf

Author : Anonim
Publisher : Fastcase Inc
Page : 1417 pages
File Size : 46,5 Mb
Release : 2024-06-07
Category : Electronic
ISBN : 8210379456XXX

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D.C. Circuit Advance Sheet May 2012 by Anonim Pdf