CRE will begin posting on this site published research which addresses topics of interest. CRE will also post those articles submitted by third parties for our review as to whether they have a direct bearing on our objective of implementing a multidisciplinary review of legal doctrines in the administrative state. To this end also feel free to submit links to research papers by using the “Contact” in the upper right hand corner of this page or in the alternative send the paper here.
CRE also encourages our participants to publish relevant material on this page themselves.
Basic Ideas of State Power Limitation in Political and Legal Doctrine
Also available here
The author states:
“It is noteworthy that the problem of finding the criteria of state activity limitation was in the ancient times. Thus, the writings by Aristotle, Plato, Panetia, Polybius, Lucretia, Cicero, their teachings on the three main state forms
(monarchy, aristocracy, democracy), about the development of this evolutionary chain and the deviations from the “correct” forms (tyranny, oligarchy, ochlocracy) one can find the beginnings of ideas about the phenomena acting as such (Marias, 2012).”
The charge before this forum is to comparable the above mission of “finding the criteria of state activity limitation”. More specifically the review of legal doctrines from a variety of disciplines will provide a public foundation for identifying those state activity limitations which should be strengthened and those which should be weakened or rescinded.
An Empirical Investigation of Judicial Decisionmaking, Statutory Interpretation, and the Chevron Doctrine in Environmental Law
The author concludes:
“Meanwhile, for political scientists and, more recently, some legal scholars, ideology plays the most salient role in judicial decisionmaking.The available data suggest that ideology significantly influences judicial decisionmaking in environmental cases on the D.C. Circuit. For example, the data suggest that judges appointed by Democratic administrations tend to vote against challenges to EPA regulations, whereas Republican appointees are far less likely to do so.”
Does not the above statement support our call for a multidisciplinary review of legal doctrines in the administrative state?
A Theory of Legal Doctrine
The Administrative State and the Common Law: Regulatory Substitutes or Complements?
The author approaches the same position as that advocated by CRE as witnessed by this statement:
“this Article proposes that courts should adopt an altogether new approach, one whereby they effectively incorporate input from federal agencies”
A Call for Papers
We welcome relevant research authored by the participants in this forum. Please place a link to the paper along with its title in the reply section that follows. In the alternative, send an email with an attachment to here.
Please Answer: *