court decisions three paragraph

Write a  brief description of the example you used for the Application Assignment this week . Then explain how the court came to a decision about the case noting any standards and/or criteria they used. Finally explain the impact of this decision, as well as other decisions like it, on rulemaking, in the future. Be specific.

Be sure to support your postings and responses with specific references to the Learning Resources.

Court Decisions

 

 the Application Assignment is to be completed before the Discussion question.

Once the court makes a decision to resolve a challenge to an agency’s rulemaking, the decision is final. While the decision certainly has an immediate impact on the parties involved in the lawsuit, it also may impact rulemaking in the future. Your texts point to some seminal decisions for which this true. As you read about these cases and consider the case you explored in this week’s Application, it is important to reflect on what you have learned thus far in this course about the rulemaking process. It is likely that those in involved in the rulemaking process (agency heads, civil servants etc.) will attempt to learn from lawsuits and court decisions to avoid making similar mistakes or missteps in the future.

 

To prepare for this Discussion:

 

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·         Review the Rulemaking: How Government Agencies Write Law and Make Policy. Think about the effects of court decisions on administrative agencies and rulemaking.

 

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·         Review Administrative Law and Politics: Cases and Comments. Think about the implications of court decisions resolving challenges to agency rulemaking on law and policy.

 

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·         Consider how the decision the court made from your example, as well as other decisions resolving challenges to agency rulemaking, might impact rulemaking in the future.

 

With these thoughts in mind:

Post by Day 5 a brief description of the example you used for the Application Assignment this week. Then explain how the court came to a decision about the case noting any standards and/or criteria they used. Finally explain the impact of this decision, as well as other decisions like it, on rulemaking, in the future. Be specific.

Be sure to support your postings and responses with specific references to the Learning Resources.

Read a selection of your colleagues’ postings.

Respond by Day 7 to at least one of your colleagues’ postings in one or more of the following ways:

 

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·         Ask a probing question.

 

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·         Share an insight from having read your colleague’s posting.

 

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·         Offer and support an opinion.

 

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·         Validate an idea with your own experience.

 

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·         Make a suggestion.

 

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• Article: Johnson, S. M. (2008). Ossification’s demise? An empirical analysis of EPA rulemaking from 2001-2005. Environmental Law, 38, 1–30.
  

 

• Article: Shapiro, S. A., & Levy, R. E., (1995, April). Judicial incentives and indeterminacy in substantive review of administrative decisions. Duke Law Journal, 44(6), 1051-1080.
  

 

• Web Site: A-Z Index of U.S. Government Departments and Agencies
  http://www.usa.gov/directory/federal/index.shtml
  

 

• Web Site: Federal Administrative Law
  http://www.law.duke.edu/lib/researchguides/fedadminlaw·        

 

Expand on your colleague’s posting.