2012

From Blogger

Administrative Policies Must be Reasonable

Administrative agencies are generally entitled to develop policies. Doing so assists agencies in discharging their statutory mandates in a coherent and consistent manner. Those who come into contact with agencies also benefit: it ought to be easier to predict the application of a general rule than the exercise of discretion. From the Court of Appeal […] Read more

From Blogger

Metzger on Administrative Common Law

Professor Gillian Metzger has an excellent paper on a topic comparatively neglected by American administrative law scholars: the common law nature of judicial review doctrine. The abstract: This article begins with the descriptive claim that much of administrative law is really administrative common law: doctrines and requirements that are largely judicially created, as opposed to […] Read more

From Blogger

Monetizing Benefits

Interesting paper here from Arden Rowell (University of Illinois). One of the difficulties with regulators performing cost-benefit analyses lies in determining what should go into the analysis. Some things we can count quite easily: to use Rowell’s example, the cost of installing rear-view cameras on cars; and the benefits in terms of lives saved (although […] Read more

From Blogger

Henry VIII vit encore!

Much hubbub this morning at the Assemblé Nationale as the deputies debate legislation designed to end the student boycott – excellent coverage of the marathon législatif from Radio-Canada here. Some of the hubbub relates to a “Henry VIII” clause, contained in Article 9 of the draft legislation. This allows the Minister for Education to take […] Read more