This recommendation focuses on the increasing risk to federal executive branch officials of civil liability for monetary damages for alleged violations of federal constitutional rights. This vulnerability has expanded dramatically in recent years, as a result of judicially-discovered rights enunciated in Bivens v. Six...
Congress (Documents)
Tag cloud
Hide tags
Acquisition
Adjudication
Adjudicatory Decisions
Administrative Dispute Resolution Act
Administrative Law Judges (ALJs)
Administrative Procedure Act (APA)
Administrative Review
Adverse Publicity
Advisory Committees
Affirmative Action
Agency Organization
Agriculture Credit Act
Aliens
Alternative Dispute Resolution (ADR)
Americans with Disabilities Act (ADA)
Antidumping
Appeals
Arbitration
Assistance Programs
Asylum
Attorney Fees
Attorneys
Audits
Bank Holding Company Act
Bank Regulation
Benefits
Bid Protests
Biotechnology
Boards of Contract Appeals
Broadcasting
Bumpers Amendment
Cancer
Carcinogens
Case Management
Cease and Desist Orders
CERCLA
Chevron
Choice of Forum
Citizen Satisfaction
Civil Forfeiture Procedure
Civil Money Penalties
Clean Air Act (CAA)
Code of Federal Regulations (CFR)
Collaboration
Common Rule for Debarment and Suspension
Compensation
Complaint Procedures
Compliance Standards
Computers
Confidential Business Information (CBI)
Confidential Information
Confidentiality
Conflict of Interest
Congress
Congressional Information Disputes
Consumers
Contract Disputes
Contracting Officers
Coordinating Committee on Multilateral Exports Control
Cost Benefit Analysis
Countervailing Duty
Customs Court
Customs Service
Debarment and Suspension
Debt Collection
Delegation
Direct Final Rulemaking
Disability
Disclosure
Discount Rate
Discovery
Discretion
Dispute Resolution
Disputes
Disqualification
Divestiture
E-Rulemaking
Electronic Records Management
Energy
Enforcement
Entitlements
Environment
Environmental Law
Equal Access to Justice Act (EAJA)
Equal Employment Opportunity
Ethics
Ex Parte Communications
Executive Branch Appointees
Executive Oversight
Executive Review
Export Administration Act
Export Controls
Fair Housing Act
Farm Credit Program
Farm Debt
Federal Acquisition Regulation
Federal Advisory Committee Act (FACA)
Federal Deposit Insurance Corporation Improvement Act
Federal Digital System (FDsys)
Federal Employees
Federal Facilities
Federal Insecticide Fungicide and Rodenticide Act (FIFRA)
Federal Rules of Civil Procedure
Federal Rules of Evidence
Federal Water Pollution Control Act (Clean Water Act)
Federalism
Fee Awards
Financial Disclosure
Foreign Affairs
Foreign Exports to U.S.
Formal Adjudication
Formal Rulemaking
Formula Grant Programs
Freedom of Information Act (FOIA)
Generic Proceedings
Government Contractor Employees
Government Contracts
Government in the Sunshine Act
Government Sponsored Enterprises
Grant Disputes
Grant Programs
Grievances
Harmonization of Standards
Hazardous Waste
Health and Safety Regulation
Health Care
Hearing Officers
Hearings
Hybrid Rulemaking
Immigration
Incorporation by Reference
Indemnification
Indexing
Indians
Information Collections
Injunctions
Interagency Coordination
Interim Final Rulemaking
Interlocutory Appeals
Intermediate Appellate Boards
Internal Revenue Code
International Regulatory Cooperation
International Trade
Interpretive Rules
Intervenors
Judicial Forum
Judicial Review
Jurisdiction
Jurisdictional Amount
Labor
Legal Education
Legislative Rulemaking
Legislative Veto
Liability
Licensing
Magnuson-Moss
Material Safety Data Sheets
Mediation
Medicaid
Medicare
Midnight Rules
Migrant and Seasonal Farmworkers
Military
Mining
Monetary Claims
National Environmental Policy Act (NEPA)
Negotiated Rulemaking
Neutrals
News
No-Action Letters
Noise Control Act
Non-lawyer Representation
Ombudsman
Paperwork Reduction Act
Parole
Parties Defendant
Peer Review
People’s Counsel
Performance Management
Pesticides
Petitions for Rulemaking
Petroleum Pricing
Policy Statements
Post-Employment Restrictions
Post-Promulgation Comments on Rules
Preemption
Presidential Appointees
Presidential Oversight of Rulemaking
Presidential Review
Presidential Transition Act
Prisoners
Private Enforcement
Privilege
Procedural and Practice Rule Exemption
Procurement
Product Recalls
Product Safety
Prompt Corrective Action
Protective Orders
Public Health Service Act
Public Information
Public Lands
Public Participation
Publication
Publicity
Quality Assurance
Ratemaking
Recalls
Receivership
Recommendations
Records Management
Recusal
Regulation
Regulatory Analysis
Regulatory Negotiation
Remedial Orders
Renegotiation Act
Representation
Representative Payees
Retirement
Review of Discretionary Decisions
Review of Existing Regulations
Right to Know Act
Risk Assessment
Risk Communication
Rulemaking
Savings and Loan
Science
Selective Service System
Self Regulatory Organizations
Separation of Functions
Settlements
Simplified Proceedings
Social Security
Solid Waste Disposal Act
Sovereign Immunity
Special Government Employee
Specialized Courts
Statistics
Statutory Interpretation
Statutory Time Limits
Subpoena (Subpena)
Summary Decision
Sunshine Act
Superfund
Supplemental Security Income (SSI)
Suspension
Taxation
Technical Standards
Technology
Teleconferences
Thrifts
Time Limits
Training
Transportation
Trial-type Procedures
United States as Defendant
User Fees
Vaccine Injury Compensation
Valuation of Human Life
Venue
Veterans
Video Hearings
Visas
Voluntary Consensus Standards
Whistleblowers
Worker Health and Safety
- Publication Date: February 28, 2012
- Tags: Congress, Federal Employees, Liability
- Publication Date: February 28, 2012
- Tags: Congress, Enforcement, Judicial Review
A person adversely affected by an agency rule may ordinarily obtain judicial review of that rule either by instituting a direct review proceeding against the agency in an appropriate court (pre-enforcement review)1 or by asserting the invalidity of the rule as a defense...
- Publication Date: February 28, 2012
- Tags: Congress, Government Contracts, Procurement
The Contract Disputes Act, 41 U.S.C. 601-613, enacted in 1978, established a comprehensive system for resolving disputes arising out of federal government contracts. Under the Act, disputes...
- Publication Date: February 28, 2012
- Tags: Administrative Procedure Act (APA), Congress, Rulemaking
The Administrative Procedure Act (APA) provides for public participation in agency rulemaking. The Act’s minimum requirements for informal rulemaking are notice and an opportunity to comment on proposed rules. The advantages of public participation in agency rulemaking are widely recognized: the agency benefits because interested persons are...
- Publication Date: February 28, 2012
- Tags: Administrative Procedure Act (APA), Administrative Review, Congress, Delegation
This recommendation is addressed to the organizational structures which agencies establish to review decisions of presiding officers (ordinarily, administrative law judges) in proceedings governed by sections 556 and 557 of the Administrative Procedure Act or otherwise involving agency determinations on the record after opportunity for a hearing. It...
- Publication Date: February 28, 2012
- Tags: Congress, Discovery, Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA) and discovery provide separate mechanisms for obtaining the disclosure of Government documents. Any person may invoke at any time the release provisions of the FOIA by requesting an agency to disclose any reasonably described agency records. A requester’s need for the records and his purpose in making the...
- Publication Date: February 28, 2012
- Tags: Clean Air Act (CAA), Congress, Environmental Law, Interagency Coordination, National Environmental Policy Act (NEPA), Public Participation, Time Limits
Major industrial development projects often have significant environmental effects and require permit approvals and preparation of environmental reviews by agencies under legislation such as the National Environmental Policy Act (NEPA) and the Clean Air Act. Although governmental permitting and review processes—...
- Publication Date: February 28, 2012
- Tags: Congress, Federalism, Preemption
States have the power to regulate many forms of conduct. Each state must have broad power to regulate in ways that it believes to be in the best interests of its citizens, subject to the limitations stated in the federal and state constitutions. The nature and magnitude of the problems that require regulatory action vary substantially among the...
- Publication Date: February 28, 2012
- Tags: Congress, Monetary Claims, Settlements
In the Federal Tort Claims Act and dozens of other statutes,1 Congress has authorized agencies to provide compensation for losses occasioned by a variety of agency actions. The FTCA, the centerpiece of this array, essentially waives the government’s sovereign immunity to...
- Publication Date: February 28, 2012
- Tags: Congress, Cost Benefit Analysis, Regulatory Analysis
Cost/benefit analysis1 may ordinarily be applied by an agency to a regulatory action, except when Congress has forbidden its use or has specified, in the authorizing legislation, the precise regulatory outcome Congress desired. Any legislative directive short of complete specificity...