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Congress and Judicial Review of Agency Actions.

Feb 13, 2016 ... opportunity to structure the process of judicial review of agency actions, to set the rules of the game that the ... 1983, Rose-Ackerman 1995, Shipan 2000), communications policy (Cass 1989, Shipan. 1997), and ... provisions, which interest groups and members of Congress pushed for different provisions ...


Charles R. Shipan April 2016

Shipan, April 2016, p. 3. Designing Judicial Review: Interest Groups, Congress, and Communications Policy. 1997. Ann. Arbor: University of Michigan Press. Research Monographs (peer-reviewed). Independence and the Irish Environmental Protection Agency: A Comparative Assessment. 2006. Dublin: The Policy Institute.


Congress Opens the Courthouse Doors: Statutory Changes to

Shipan (1997) showed that interest groups focused considerable effort on shaping judicial review provisions in the Communications. Act of 1934. He has extended this research with a formal analysis of the circumstances under which a legislature will be able to advance its policy goals by allowing judicial review of agency ...


Antitrust Courts: Specialists Versus Generalists - September 20, 2012

Sep 20, 2012 ... Cf. CHARLES R. SHIPAN, DESIGNING JUDICIAL REVIEW: INTEREST GROUPS . CONGRESS, AND COMMUNICATIONS POLICY 94–95 (1997) (describing broadcaster interest groups' preference for locating judicial review of the Federal Communications. Commission exclusively in the DC Circuit despite ...


Congress, Interest Groups, and the Strategic Use of Judicial Review

Apr 17, 2014 ... judicial review by members of Congress and to what extent the provisions were influenced by interest groups. Controlling Delegation and Policy Outcomes. Relations between Congress and ... policy outcomes through the design of agency structures and procedures (McNollgast 1987). The Administrative.


The Influence of Congressional Preferences on Legislative

2011. “Congress, the Supreme. Court, and Judicial Review: Testing a Constitutional Separation of Powers Model.” American Journal of Political Science 55(Jan.):89-104. Shipan, Charles R. 1997. Designing Judicial Review: Interest Groups, Congress, and. Communications Policy. University of Michigan Press: Ann Arbor, ...


Presidents, Parliaments, and Legal Change: Quantifying the Effect of

Sep 1, 2017 ... 31 See CHARLES R. SHIP AN, DESIGNING JUDICIAL REVIEW: INTEREST GROUPS, CONGRESS,. AND COMMUNICATIONS POLICY 51 ( 1997). 32 In the context of a multi-party, coalitional parliamentary system, another form of ex post enforcement is the withdrawal of support for the coalition by a party ...


Ensuring Minimal Deliberation through Judicial Review of

decisions, Goldfeld outlines "legislative due process"-a form of judicial review in which courts would examine ... the quality of congressional policymaking, and help minimize the ability of special interest groups to game the .... not prevent Congress from reenacting the very same policy after using an appropriate legislative ...


Institutional Process, Agenda Setting, and the Development of

provisions accentuated the passing off of this problem to the judicial branch. 23 For general discussions of this phenomenon in Congress, see CHARLES R. SHIPAN,. DESIGNING JUDICIAL REVIEW: INTEREST GROUPS, CONGRESS, AND COMMUNICATIONS. POLICY (1997); Charles R. Shipan, The Legislative Design ...


What Political Science Can Contribute to the Study of Law

“Congress is a 'They,' Not an 'It': Legislative Intent as. Oxymoron,” 12 International Review of Law and Economics 239-256. Shipan, Charles. 2000. Designing Judicial Review: Interest Groups, Congress, and Communications. Policy. Ann Arbor, MI: University of Michigan Press. Songer, Donald R., and Susan Haire. 1992.


The Puzzle of Judicial Institution Building

Figueiredo and Emerson H. Tiller, “Congressional Control of the Courts: A Theoretical and Empirical. Analysis of Expansion of the Federal Judiciary,” Journal of Law and Economics 39 (1996): 435–462; and. Charles R. Shipan, Designing Judicial Review: Interest Groups, Congress, and Communications Policy. (Ann Arbor: ...


Wiener: Mechanism Choice

or policy design. The selection of the policy instrument can be as important to success or failure as the intended policy outcome. Good intentions or objectives are not enough: the choice of tools matters. ... this has been implemented through both judicial review (at least since the Administrative. Procedure Act of 1946) and  ...

Wiener Mechanism Choice .pdf


displacement of representative policymaking by rigorous judicial review.2. After establishing the ... (distinguishing between congressional interpretation of portions of the Constitution bearing on separation of ..... design, ''politics, not judicial review, should mediate between state and national interests'');. Karjala, supra note ...


Designing Transparency: The 9/11 Commission and Institutional Form

C. Designing Transparency and Policy Formation: The 9/11 Commission as a ..... Wright, Interest Groups, Advisory Committees, and Congressional Control of the Bureaucracy,. 45 AM. J. POL. SCI. 799 ..... FACA: The Case for Exempting Presidential Advisory Committees from Judicial Review Under the Federal Advisory ...


The Influence of Divided Government on Policy-Making and

Publius 27(2):89-109. Shipan, Charles R. 1997. Designing Judicial Review: Interest Groups, Congress, and. Communications Policy. Ann Arbor: University of Michigan Press. Sparer, Michael D. 1996. Medicaid Managed Care and the Health Reform Debate: Lessons from. New York and California. Journal of Health Politics, ...


(Asimow 1994).

Jan 1, 2013 ... The Federal Communications Commission and Broadcast Regulation: Case Study (2) 68. 6. Congressional .... Gormley and Balla 2004); interest groups have provided policy-related information to legislators and have ... (1994, 133), “ Prompt and intense judicial review might facilitate oversight by drawing.


Institutional Design of a Thayerian Congress

Apr 30, 2001 ... of institutional design is much greater than the benefit produced by ... than judges .9 Second, aggressive judicial review of congressional de- ...... interest groups on all sides of an issue with clear and established lines of communication to lawmakers with jurisdiction (environmental policy, for example).


McNollgast's “Administrative Procedures as Instruments of Political

(1989) (because it deals with procedural design of a specific agency, not bureaucracy-wide structures), that Congress chose judicial review provi- sions for the Federal Communications Commission in the 1930s with an eye to influencing ultimate policy decisions. He found that members al- lied with interest groups who ...


Revisiting the Impact of Judicial Review on Agency Rulemakings

Please send all comments and communications to [email protected] I am most grateful to Eric .... judicial review, both of which depend on a constellation of diverse interest groups to engage with and .... at 1755 (“By affording all affected interests with a recognized stake in agency policy the right to demand and ...


How FCC Transaction Reviews Threaten Rule of Law and the First

We model the FCC's decisions to extract concessions from firms under the empire-building model. The FCC's subjective determinations of the public interest during transaction reviews and the impracticability of judicial review have pernicious effects on modern media and the rule of law. Consistent with the model, the FCC ...