Journal of Land Use and Environmental Law最新文献

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Agency Motivations in Exercising Discretion 行使自由裁量权的机构动机

Journal of Land Use and Environmental Law Pub Date : 2017-03-30 DOI: 10.2139/SSRN.2943556

David L. Markell

{"title":"Agency Motivations in Exercising Discretion","authors":"David L. Markell","doi":"10.2139/SSRN.2943556","DOIUrl":"https://doi.org/10.2139/SSRN.2943556","url":null,"abstract":"The search for the optimal structure and performance of the administrative or regulatory state in the United States has been ongoing for decades and shows no signs of abating anytime soon. It has spawned a rich debate about the role of key federal government actors, including the judicial, legislative, and executive branches. Consideration of the appropriate roles for administrative agencies, sometimes referred to as the fourth branch of government, has been one of the important strands in this debate. The enormous reach and impact of the administrative state no doubt contributes to the extraordinary amount of attention to and interest in how our government operates. \u0000One issue that continues to attract significant attention concerns how much discretion agencies should enjoy in the operation of the administrative state. Another is why agencies act as they do when they have discretion to pursue different courses of action. A forthcoming paper, Agency Behavior and Discretion on Remand, co-authored by leading administrative law scholars Robert L. Glicksman and Emily Hammond, considers how agencies exercise their discretion when a court invalidates an agency action. Professors Glicksman and Hammond hypothesize that four variables in particular may affect influence agency action in the remand context (the type of remand, the timetable for agency response, the valence of the agency’s action, and the timing of the Presidential Administration). \u0000My purpose is to suggest that at least four additional variables may influence agency discretionary actions on remand. These include the nature of the statutory scheme an agency is implementing, the distribution of power among relevant actors, the legal and other mechanisms available to the agency to act, and the substantive goals the agency hopes to achieve. My hope is that this paper, in tandem with that by Professors Glicksman and Hammond, will ultimately contribute to an improved understanding of factors that shape agency behavior.","PeriodicalId":409476,"journal":{"name":"Journal of Land Use and Environmental Law","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126493958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

In Search of Robin Hood: Suggested Legislative Responses to Kelo 寻找罗宾汉:对基洛的立法回应建议

Journal of Land Use and Environmental Law Pub Date : 2007-08-08 DOI: 10.2139/SSRN.1006083

M. Seidenfeld

引用次数: 4

The Significance of National Wildlife Refuges in the Development of U.S. Conservation Policy 国家野生动物保护区在美国保护政策发展中的意义

Journal of Land Use and Environmental Law Pub Date : 1900-01-01 DOI: 10.2139/SSRN.699482

Robert L. Fischman

{"title":"The Significance of National Wildlife Refuges in the Development of U.S. Conservation Policy","authors":"Robert L. Fischman","doi":"10.2139/SSRN.699482","DOIUrl":"https://doi.org/10.2139/SSRN.699482","url":null,"abstract":"A retrospective of National Wildlife Refuge System conservation shows a promising trajectory. The system has overcome persistent neglect to contribute to conservation policy. Haltingly, it has kept pace with conservation science to remain the chief American contribution to large-scale wildlife protection. Early on, it pioneered the use of habitat acquisition to protect imperiled species. More recently, it has begun to implement the cutting-edge ecological mandate to maintain biological integrity, diversity, and environmental health. Perhaps the most meaningful feature of the history of the refuge system is how closely it mirrors the development of conservation policy in the twentieth century. This article reviews the evolution of refuge system management and shows how it reflects the major conservation developments over the past century. It begins by surveying the system with special reference to the Pelican Island National Wildlife Refuge and the Arctic National Wildlife Refuge. The article conducts a historical review of conservation policy developments, with particular emphasis on their legal dimensions. It then discusses the current conservation framework for the refuges, which is a form of ecosystem management. The article concludes by observing the ways in which the national wildlife refuges are now the most important federal lands for demonstrating sustainability and ecosystem management on a large scale.","PeriodicalId":409476,"journal":{"name":"Journal of Land Use and Environmental Law","volume":"236 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122959624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8