Arbitrary and Capricious - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitrary and Capricious write by Gary Elvin Marchant. This book was released on 2004. Arbitrary and Capricious available in PDF, EPUB and Kindle. This study examines how the European Union has used the precautionary principle in legal decisions.
Arbitrary and Capricious
Arbitrary and Capricious - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitrary and Capricious write by Michael A. Foley. This book was released on 2003-06-30. Arbitrary and Capricious available in PDF, EPUB and Kindle. Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all. Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes—and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional. Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.
The Arbitrary and Capricious Standard Under the APA
The Arbitrary and Capricious Standard Under the APA - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Arbitrary and Capricious Standard Under the APA write by LandMark Publications. This book was released on 2017-05-22. The Arbitrary and Capricious Standard Under the APA available in PDF, EPUB and Kindle. THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss, analyze and interpret the arbitrary and capricious standard under the Administrative Procedure Act. The selection of decisions spans from 2014 to the date of publication.Under the APA, an agency action, finding, or conclusion can be set aside where it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law" or is "unsupported by substantial evidence." 5 U.S.C. � 706(2)(A), (E). This standard is "exceedingly deferential." Defs. of Wildlife v. U.S. Dep't of Navy, 733 F.3d 1106, 1115 (11th Cir. 2013) (quoting Fund for Animals, Inc. v. Rice, 85 F.3d 535, 541(11th Cir. 1996)). Mendoza v. Secretary, Department of Homeland Security, (11th Cir. 2017)To determine whether the agency's action was arbitrary and capricious, we examine whether the agency came to a rational conclusion and do not substitute our own judgment for that of the agency. Id. We set aside an agency action as arbitrary and capricious only where (1) the agency "relied on factors which Congress has not intended it to consider," (2) the agency "failed to consider an important aspect of the problem," (3) the agency explained its decision in a way "that runs counter to the evidence," or (4) the action "is so implausible that it could not be ascribed to a difference in view or the product of agency expertise." Id. (quoting Miccosukee Tribe of Indians of Fla. v. United States, 566 F.3d 1257, 1264 (11th Cir. 2009)).
Arbitrary and Capricious Standard Under the APA
Arbitrary and Capricious Standard Under the APA - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitrary and Capricious Standard Under the APA write by LandMark Publications. This book was released on 2018-03-11. Arbitrary and Capricious Standard Under the APA available in PDF, EPUB and Kindle. THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the arbitrary and capricious standard under the Administrative Procedure Act. * * * Under Administrative Procedure Act § 706(2)(A), a reviewing court may set aside an agency action if it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A).An agency interpretation would surely be "arbitrary" or "capricious" if it were picked out of a hat, or arrived at with no explanation, even if it might otherwise be deemed reasonable on some unstated ground. Catskill Mountains Chapter of Trout v. EPA, 846 F. 3d 492, (2nd Cir. 2017). * * * So long as any change is reasonably explained, it is not arbitrary and capricious for an agency to change its mind in light of experience, or in the face of new or additional evidence, or further analysis or other factors indicating that the agency's earlier decision should be altered or abandoned. Cf. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 514-16 (2009). New England Power Generators Association, Inc. v. Federal Energy Regulatory Commission, (DC Cir. 2018). * * *It is well-settled that the NLRB -- like any other agency -- cannot "turn[] its back on its own precedent and policy without reasoned explanation." Dupuy v. NLRB, 806 F.3d 556, 563 (D.C. Cir. 2015); see also E.I. Du Pont de Nemours & Co. v. NLRB, 682 F.3d 65, 70 (D.C. Cir. 2012) (explaining that the NLRB must "give a reasoned justification for departing from its precedent"). Generally speaking, "the requirement that an agency provide reasoned explanation for its action ... demand[s] that it display awareness that it is changing position. An agency may not, for example, depart from a prior policy sub silentio or simply disregard rules that are still on the books." FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515, 129 S.Ct. 1800, 173 L.Ed.2d 738 (2009). And if "a party makes a significant showing that analogous cases have been decided differently, the agency must do more than simply ignore that argument." LeMoyne-Owen Coll. v. NLRB, 357 F.3d 55, 61 (D.C. Cir. 2004). Thus, when the Board fails to explain -- or even acknowledge -- its deviation from established precedent, "its decision will be vacated as arbitrary and capricious." Manhattan Ctr. Studios, Inc., v. NLRB, 452 F.3d 813, 816 (D.C. Cir. 2006). ABM Onsite Services v. NLRB, 849 F. 3d 1137 (DC Cir. 2017).
Deadly Justice
Deadly Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Deadly Justice write by Frank R. Baumgartner. This book was released on 2018. Deadly Justice available in PDF, EPUB and Kindle. Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.
