Browsing by Subject "administrative law"
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Item Administrative Law, Filter Failure, and Information Capture(2010-01-01) Wagner, Wendy E.Item The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy(2012-01-01) Fisher, Elizabeth; Shapiro, Sidney A.; Wagner, Wendy E.Item Immigration Reform vs. Environmental Protection: The Border Wall and DHS’s Waiver Power(The Center for Global Energy, International Arbitration, and Environmental Law, 2014-03-19) fisher, DavidItem Making Method Visible: Improving the Quality of Science-Based Regulation(The Center for Global Energy, International Arbitration, and Environmental Law, 2014-10-24) Wagner, WendyScientific inferences are theories about how the world works that scientists formulate based on their observations. One of the most difficult issues at the intersection of law and science is to determine whether the weight of evidence supports one scientific inference versus other competing interpretations of the observations. In administrative law, this difficulty is exacerbated by the behavior of both the courts and regulatory agencies. Agencies seldom achieve quite the requisite visibility that explains the analytical methods they use to reach their scientific inferences. Courts – because they appreciate neither the variety of inferential methods nor their epistemic foundations – do not demand this level of visibility from the agencies. We argue that much progress can be made toward visible, coherent, science-based regulation if courts ask two deceptively simple questions: (1) have the agency’s inferential methods been identified? and (2) does the agency explain how its methods are appropriate to the information on hand and how the methods support the agency’s inferences?Item Still Free to Harm: A Response to Professor Farber(The Center for Global Energy, International Arbitration, and Environmental Law, 2014-05-09) McGarity, Thomas O.Item Using Komesar’s Participation-Centered Model to learn more about Administrative Process(The Center for Global Energy, International Arbitration, and Environmental Law, 2013-09-02) Wagner, Wendy