Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (17)
- Maurer School of Law: Indiana University (17)
- University of Colorado Law School (16)
- Case Western Reserve University School of Law (12)
- University of Pennsylvania Carey Law School (8)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- Columbia Law School (5)
- Selected Works (5)
- Liberty University (4)
- UIC School of Law (4)
- Villanova University Charles Widger School of Law (4)
- Florida State University College of Law (3)
- Roger Williams University (3)
- University of Michigan Law School (3)
- University of Oklahoma College of Law (3)
- University of Washington School of Law (3)
- Vanderbilt University Law School (3)
- William & Mary Law School (3)
- American University Washington College of Law (2)
- Cleveland State University (2)
- Georgetown University Law Center (2)
- Mitchell Hamline School of Law (2)
- SelectedWorks (2)
- University of New Hampshire (2)
- University of Richmond (2)
- University of San Diego (2)
- Washington and Lee University School of Law (2)
- Chicago-Kent College of Law (1)
- Duke Law (1)
- Fordham Law School (1)
- Keyword
-
- Administrative Law (25)
- Oil and gas development (13)
- Regulation (12)
- BMPs (11)
- Best management practices (11)
-
- Ohio (11)
- State law; State administrative decision; (11)
- Adaptive management (10)
- Administrative law (7)
- Legislation (7)
- Statutory interpretation (7)
- BLM (6)
- FCC (6)
- Federal Communications Commission (6)
- Judicial review (6)
- U.S. Bureau of Land Management (6)
- Air quality (5)
- Economics (5)
- First Amendment (5)
- Jurisdiction (5)
- Law and Economics (5)
- Law and Society (5)
- National Environmental Policy Act (5)
- Politics (5)
- Adaptive management plan (4)
- Chevron (4)
- Clean Air Act (4)
- Constitutional Law (4)
- Delegation (4)
- Design (4)
- Publication
-
- ExpressO (15)
- Federal Communications Law Journal (15)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (11)
- Ohio Oil & Gas Commission Decisions (11)
- All Faculty Scholarship (8)
-
- Faculty Scholarship (6)
- Nevada Supreme Court Summaries (5)
- Faculty Publications (4)
- UIC Law Review (4)
- Law Faculty Scholarship (3)
- Oklahoma Law Review (3)
- Publications (3)
- Scholarly Publications (3)
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Daniel Kanstroom (2)
- Daniel Lyons (2)
- Faculty Publications and Presentations (2)
- George Mason University School of Law Working Papers Series (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Jeffrey C. Tuomala (2)
- Law Faculty Articles and Essays (2)
- University of San Diego Public Law and Legal Theory Research Paper Series (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Environmental Law Journal (2)
- Washington Law Review (2)
- William & Mary Environmental Law and Policy Review (2)
- William Mitchell Law Review (2)
- All Faculty Publications (1)
- Articles by Maurer Faculty (1)
- Publication Type
Articles 1 - 30 of 154
Full-Text Articles in Law
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer
Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer
Federal Communications Law Journal
In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …
The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar
The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar
Federal Communications Law Journal
After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Federal Communications Law Journal
In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …
An Architecture For Spam Regulation, David Dickinson
An Architecture For Spam Regulation, David Dickinson
Federal Communications Law Journal
Junk email, commonly referred to as "spam," is the current scourge of the Internet. In late 2004, unwanted email messages were being delivered at a rate of 12.4 billion per day. The variety of tools used to combat spam have failed to make a significant impact. Legislative efforts, such as the CAN-SPAM Act of 2003, met with substantial enforcement complications. The communications industry responded with a variety of technical advances, such as filters and blacklists, but those innovations are still unable to reliably distinguish between wanted and unwanted messages. Real coordination between legislative and technical spam control tactics has yet …
Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden
Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden
Federal Communications Law Journal
The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …
The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book
The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book
Working Paper Series
This article defends one of the more controversial parts of the Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98) the collection due process (CDP) provisions. CDP gives taxpayers the right to independent administrative and judicial review of IRS decisions to use its awesome administrative collection powers, powers that have long made the IRS a feared creditor.
Prior to CDP’s enactment, the IRS had the power to collect taxes from taxpayers without judicial review of administrative collection determinations. This power, atypical for creditors which often must get judicial approval for summary collection action, led many observers to …
A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter
A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter
Nevada Law Journal
No abstract provided.
Administrative Law, Martin M. Wilson
Administrative Law, Martin M. Wilson
Mercer Law Review
This Article surveys the Georgia Supreme Court and Georgia Court of Appeals administrative law cases from June 1, 2003 through May 31, 2004. Over two dozen pertinent cases were decided during the survey period, many of them containing highly novel elements. The novelty of certain facets of the cases only stands to reason, as all levels of government continue to increase reliance upon administrative agencies to perform necessary functions. The regulatory framework imposed by these agencies never fills in all the blanks regarding those functions. The unanswered questions invariably invite appellate court decisionmaking.
No attempt has been made in this …
Further Thoughts On Kanter And Ballard, Steve R. Johnson
Further Thoughts On Kanter And Ballard, Steve R. Johnson
Scholarly Publications
On December 7, 2004, the Supreme Court will hear oral arguments in the consolidated Kanter and Ballard cases. The Tax Court had substantially upheld the IRS’s determinations of large deficiencies and fraud penalties against several taxpayers. The taxpayers argued in part that the Tax Court's application of its Rule 183 violated both due process and applicable statutes. I disagreed with those arguments then, and I continue to do so now. On appeal, the taxpayers' challenges to Rule 183 were rejected by the Fifth, Seventh, and Eleventh Circuits. The decisions of those circuits are sound and should be affirmed.
Both an …
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi
George Mason University School of Law Working Papers Series
One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …
Summary Of State Farm Mutual Automobile Ins. Co. V. Fitts, 120 Nev. Adv. Op. 80, Ira David
Summary Of State Farm Mutual Automobile Ins. Co. V. Fitts, 120 Nev. Adv. Op. 80, Ira David
Nevada Supreme Court Summaries
United States District Court submitted a certified question to the Nevada Supreme Court to determine whether automobile insurers may contractually reduce the time frame allowable for an insured motorist to file for uninsured or underinsured motorist benefits.
Summary Of Horne V. City Of Mesquite, 120 Nev. Adv. Op. 79, Ira David
Summary Of Horne V. City Of Mesquite, 120 Nev. Adv. Op. 79, Ira David
Nevada Supreme Court Summaries
City of Mesquite Mayor Charles Horne appealed a Declaratory Judgment of the Eighth Judicial District Court, holding City of Mesquite initiative ordinance MQ1 to be invalid as conflicting with state statutes, but that the severability clause of the ordinance evaded total invalidity. Furthermore, that same declaratory judgment held City of Mesquite initiative ordinance MQ3 to be totally invalid as conflicting with state statutes.
Case Comment On F. Hoffman-Laroche Ltd. V. Empagran S.A. In 'The Supreme Court 2003 Term: Leading Cases. Iii Federal Statutes And Regulations: E. Foreign Trade Antitrust Improvement Act', Daniel Lyons
Daniel Lyons
No abstract provided.
Theory And Practice Of Competition Advocacy At The Ftc, James C. Cooper, Paul A. Pautler, Todd J. Zywicki
Theory And Practice Of Competition Advocacy At The Ftc, James C. Cooper, Paul A. Pautler, Todd J. Zywicki
George Mason University School of Law Working Papers Series
This article was prepared as part of a recent symposium celebrating the Ninetieth Anniversary of the founding of the Federal Trade Commission. In addition, fall 2004 marks the Thirtieth Anniversary of a pivotal moment in the establishment of the modern advocacy program at the FTC, Chairman Lewis Engman’s speech on the economic burden that inefficient transportation regulation policies were imposing on the American economy. Although the FTC has been involved in advocacy activities since its founding, Engman’s speech symbolized a new aggressiveness on the part of the FTC in using its expertise to work with other governmental actors at all …
Lawmaking By Public Welfare Professionals, Margaret F. Brinig
Lawmaking By Public Welfare Professionals, Margaret F. Brinig
ExpressO
In an era of shrinking state and local resources for domestic violence prevention and detection, governments face a critical question of how to best allocate scarce funds. This paper suggests some answers for treating violence by caregivers and presents a model for evaluating other programs. To reach our conclusions, we analyzed data and survey results supplied by more than 1700 county-level adult protective services (APS) authorities.
We found that some expensive programs produce very few results in terms of reporting, investigating, and substantiating elder abuse. For example, requiring a specific education or experience level (and therefore guaranteeing higher salaries) or …
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Appeal No. 0716: Ohio Casualty Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0716: Ohio Casualty Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2003-15
Appeal No. 0733: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0733: Chieftain Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2004-40
Appeal No. 0738: Lori & Alvin Perry V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0738: Lori & Alvin Perry V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2004-43 (Mandatory Pooling Order)
Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman
Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform
- In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
- I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
- I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
- I have also noted influences …
"National Security" Information And The Freedom Of Information Act, Christina E. Wells
"National Security" Information And The Freedom Of Information Act, Christina E. Wells
Faculty Publications
Secrecy regarding national security information is a widely accepted phenomenon. Throughout history, however, such secrecy has proved problematic. Although officials often have credible and legitimate reasons to keep national security information secret, government secrecy initiatives have invariably expanded to encompass information beyond their initial rationale. Over time, we have come to realize the very real problems associated with excessive government secrecy.
Rethinking Regulatory Democracy, Mariano-Florentino Cuellar
Rethinking Regulatory Democracy, Mariano-Florentino Cuellar
ExpressO
This article empirically examines democratic participation in three different regulatory proceedings, involving financial privacy, nuclear regulation, and campaign finance. It then uses that analysis to critique -- and suggest alternatives to -- existing mechanisms to achieve public participation in the regulatory state. The current mechanism for structuring public participation in regulatory decisions (or “regulatory democracy”) relies on demand-driven procedures like the Administrative Procedure Act’s notice and comment process. Organized interests and others who decide they have sufficient resources and interest to do so comment on regulations. While some observers consider this process close to ideal, others instead seem to accept …
Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman
Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman
Department of Justice Studies Faculty Scholarship and Creative Works
The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners’ access to the federal courts by way of habeas corpus. Of principal concern here is how an act of terrorism against the United States provides an opportunity for Congress to restrict death row prisoners from obtaining habeas corpus review. Along with an analysis of Supreme Court decisions, three attempts to limit federal habeas corpus review for state prisoners from the late …
The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore
The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore
West Virginia Law Review
No abstract provided.
Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad
Community Determinants Of Volunteer Participation: The Case Of Japan, Mary Alice Haddad
Mary Alice Haddad
Why are some communities more civically engaged than others? Why do some communities provide services with volunteer labor whereas others rely primarily on government provision? When communities provide both volunteer and paid labor for the same service, how do they motivate and organize those volunteers? This article addresses these questions through quantitative tests of prevailing explanations for levels of civic engagement (e.g., education, TV viewing, urbanization) and qualitative analyses of case studies of three medium-sized cities in Japan, focusing particularly on the service areas of firefighting and elder care. The statistical analyses demonstrate that current explanations that rely on individual …
The Birth Of A Logical System: Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
The Birth Of A Logical System: Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
ExpressO
Much of what we recognize as contemporary administrative law emerged during the 1920s and 1930s, a period when a group of legal academics attempted to aid Progressive Era and New Deal regulatory efforts by crafting a legitimating system for the federal administrative state. Their system assigned competent, expert institutions—most notably administrative agencies and the judiciary—well-defined roles: Agencies would utilize their vast, specialized knowledge and abilities to correct market failures, while courts would provide a limited but crucial oversight of agency operations. This Article focuses both on this first generation of administrative law scholarship, which included most prominently Felix Frankfurter and …
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
Another Limit On Federal Court Jurisdiction? Immigrant Access To Class-Wide Injunctive Relief, Jill E. Family
ExpressO
This article examines a statute that may embody another limit on the power of the federal courts. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) implemented sweeping changes that substantially restrict federal court review of administrative immigration decisions. One provision implemented as a part of IIRIRA, 8 U.S.C. § 1252(f)(1), appears, at least at first glance, to prohibit courts from issuing class-wide injunctive relief in immigration cases. Such a restriction would be significant because federal courts have issued class-wide injunctions in the past to stop unconstitutional immigration practices and policies of the federal government. The Supreme Court …
Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman
Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman
ExpressO
No abstract provided.