13 articles in this issue
Russell Weaver, Denis Lemieux, Laverne Jacobs
On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international acade... see more
Russell L. Weaver, Linda D. Jellum
This article examines the role of administrative adjudication in the United States constitutional system. It begins by noting that such adjudication fits uncomfortably within a system of divided powers. Administrative judges, including administrative law ... see more
Michael Asimow, Jeffrey S. Lubbers
This article compares several systems of administrative adjudication. In the U.S., adjudication is typically performed by the same agency that makes and enforces the rules. However, in Australia, almost all administrative adjudication is performed by the ... see more
Laverne Jacobs
In December 2009, the Ontario Legislative Assembly enacted the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 [ATAGAA]. This new legislation offers a unique approach to ensuring that adjudicative tribunals in the province are... see more
Herwig C.H. Hofmann
This article gives a brief overview of the main features, functions and future perspectives of agencies in the European Union [EU]. It highlights the specific notion of the EU’s highly integrated, multi-level legal system as an explanatory factor for the ... see more
Richard Murphy
This essay uses Justice Scalia’s and Breyer’s dueling opinions in FCC v. Fox Television Stations, Inc. (2009), as a vehicle for exploring the contested relationship between politics and policy change in administrative law. In Fox, a five – justice majorit... see more
Lorne Sossin, Steven J. Hoffman
Evaluating the success of adjudicative tribunals is an important but elusive undertaking. Adjudicative tribunals are created by governments and given statutory authority by legislatures for a host of reasons. These reasons may and often do include legal a... see more
William D. Araiza
This Essay considers the doctrinal and institutional challenges courts and designers of New Governance systems face when considering the availability and scope of judicial review. Part II briefly summarizes New Governance principles, while Part III explai... see more
Peter L. Strauss
It is a quarter century since I began telling my Administrative Law studentsthat they had better be watching the Internet and how agencies of interest tothem were using it, as they entered an Information Age career. The changessince then have been remarka... see more
France Houle
Since it prescribed its first regulatory policy in 1986, the Federal government implemented a consultation process with stakeholders and the general public during the rule-making process. This process is not legally mandatory (unlike in the province of Qu... see more
Hoi Kong
In this paper, I will argue that general administrative law concerns about thelegitimacy and effectiveness of rule-making have special force in the municipalzoning by-law context. In particular, I will argue that a particular, civicrepublican conception o... see more
Susan Rose-Ackerman, Peter L. Lindseth
Comparative administrative law is emerging as a distinct field of inquiry after a period of neglect. To demonstrate this claim, the authors summarize their edited volume on the topic – a collection that aims to stimulate research across legal systems and ... see more
David Milward
Judge John Reilly?s new book, Bad Medicine, is not by conventional standards anacademic monograph. In fact, Reilly makes no pretence towards his book being ascholarly one, and this is possibly one of its greatest strengths. He has a message todeliver, not... see more