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Administrative Law

Selected Works

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Full-Text Articles in Law

Introduction: Comparative Papers From The Administrative Law Discussion Forum, Russell L. Weaver Jun 2019

Introduction: Comparative Papers From The Administrative Law Discussion Forum, Russell L. Weaver

Russell L. Weaver

Abstract


Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver Jun 2019

Deference To Agency Interpretations Of Regulations: A Post-Chevron Assessment, Thomas A. Schweitzer, Russell L. Weaver

Russell L. Weaver

No abstract provided.


Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver Jun 2019

Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver

Russell L. Weaver

No abstract provided.


Administrative Searches, Technology And Personal Privacy, Russell L. Weaver Jun 2019

Administrative Searches, Technology And Personal Privacy, Russell L. Weaver

Russell L. Weaver

No abstract provided.


Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein May 2019

Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein

Laura Rothstein

In recent years the Government's efforts in promoting health, safety and welfare have necessitated an increased number of administrative inspections of commercial and noncommercial premises. Although such inspections were previously held to be excluded from the fourth amendment's ban on unreasonable searches and seizures, the Supreme Court held in Camara v. Municipal Court and See v. Seattle that administrative inspections must comply with the warrant provision of the fourth amendment. Since those decisions, the Court has emphasized the exceptions to, rather than the strictures of, the warrant requirement. This article analyzes developments in the law concerning administrative searches ...


Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons Apr 2019

Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons

Daniel Lyons

No abstract provided.


To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons Apr 2019

To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons

Daniel Lyons

No abstract provided.


The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons Apr 2019

The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.


The Antideficiency Act Charade: A Low-Key Separation Of Powers Drama, Daniel A. Lyons Apr 2019

The Antideficiency Act Charade: A Low-Key Separation Of Powers Drama, Daniel A. Lyons

Daniel Lyons

No abstract provided.


E-Rulemaking And The Politicization Of The Comment Process, Daniel A. Lyons Apr 2019

E-Rulemaking And The Politicization Of The Comment Process, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Revisiting Net Neutrality, Daniel A. Lyons Apr 2019

Revisiting Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.


The Administrative Law Of Deregulation: The Long Road For The Trump Administration To Undo Obama-Era Regulations, Daniel A. Lyons Apr 2019

The Administrative Law Of Deregulation: The Long Road For The Trump Administration To Undo Obama-Era Regulations, Daniel A. Lyons

Daniel Lyons

No abstract provided.


The Right Way To Protect Privacy Throughout The Internet Ecosystem, Daniel A. Lyons Apr 2019

The Right Way To Protect Privacy Throughout The Internet Ecosystem, Daniel A. Lyons

Daniel Lyons

No abstract provided.


287(G) Agreements In The Trump Era, Huyen Pham Mar 2019

287(G) Agreements In The Trump Era, Huyen Pham

Huyen T. Pham

No abstract provided.


Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons Jan 2019

Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons

Daniel Lyons

Universal service has long been an integral component of American telecommunications policy. As more activities move online, it becomes increasingly important to narrow the digital divide by helping low-income Americans get online and by extending broadband networks into unserved areas.

Unfortunately, the Federal Communications Commission’s reforms are unlikely to help solve this problem. The Commission is repurposing an $8 billion telephone subsidy program to focus instead on broadband networks. But when pressed, the agency admits that it has no proof that the program meaningfully affected telephone adoption rates, and it offers little evidence that it will fare any better ...


An Error Of Law And The Credibility Of The Civil Resolution Tribunal, Douglas C. Harris, Sophie Marshall Jan 2019

An Error Of Law And The Credibility Of The Civil Resolution Tribunal, Douglas C. Harris, Sophie Marshall

Douglas C Harris

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


“Bullets Of Truth”: Julian Assange And The Politics Of Transparency, Mark Fenster Dec 2018

“Bullets Of Truth”: Julian Assange And The Politics Of Transparency, Mark Fenster

Mark Fenster

This essay updates (to early 2019) earlier work on the WikiLeaks story in order to consider what more recent developments reveal about the theoretical promise that Assange articulated at the time of the website’s emergence. Assange has characterized secrecy as both a form and symptom of corruption, and ultimately as the foundation of a “conspiracy” of governance that states like the U.S. inflict on their subjects and the world. He advocates a non-political, vigilante form of transparency in which WikiLeaks serves as a neutral entity that will save the public and free the world with information. He predicted ...


Feed: State Transparency Amidst Informational Surplus, Mark Fenster Dec 2018

Feed: State Transparency Amidst Informational Surplus, Mark Fenster

Mark Fenster

An email arrives, promising inside information about the perfidious forces that secretly rule the nation. A Twitter feed from a prominent insider at an establishment think-tank announces the latest disclosure about the president’s secret role in the Russian conspiracy to manipulate the election that elevated him with the blast of toy cannon. Meanwhile, the President’s tweets serve to annoy, distract, humor, or comfort those who see them, and they above all announce some truth about his presidency. 

Debates about government transparency presume that the state controls an informational spigot, which can be made to allow information to flow ...


Dual Regulation Of Insurance, Christopher French Dec 2018

Dual Regulation Of Insurance, Christopher French

Christopher C. French

Since this country was created, the insurance industry has been principally
regulated by the states with infrequent Congressional interventions.
As the insurance industry has evolved in recent decades, however, individual
states have become unable to adequately regulate some insurers, such
as multinational insurers and foreign insurers, because they lack jurisdiction
over such entities. Simply having the federal government assume responsibility
for regulating insurers will not solve the current regulatory
problems, however, because Congress’ past forays into regulating certain
areas of insurance generally have yielded poor results. Consequently, this
Article makes the novel proposal and argument that, with the creation of ...


State Immunity And The Patent Trial And Appeal Board, Tejas N. Narechania Dec 2018

State Immunity And The Patent Trial And Appeal Board, Tejas N. Narechania

Tejas N. Narechania

Since Congress’s enactment of the Leahy-Smith America Invents Act, the power and influence of the Patent Trial and Appeal Board as an adjunct to (or substitute for) patent litigation has steadily grown. And just as the PTAB and district courts both face difficult questions of substantive patent law, many of the difficult jurisdictional and procedural issues that have presented in district court litigation have found counterparts in the PTAB, too. One category of such challenges regards the power of the PTAB to hear claims involving other governmental entities. Are the states immune from the power of the PTAB?
I ...


The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs Jun 2018

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, 1976-2016, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, and facilitates greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities, yet there is a dearth of sustained research on the legal and societal implications of transportation inequality for persons with disabilities. This article contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of the human rights tribunal decisions on transportation equality in Canada. In doing so, it examines the issues from the perspective of the voices ...


Remarks, David A. Wirth Jun 2018

Remarks, David A. Wirth

David A. Wirth

No abstract provided.


Fda Flip-Flops On Antibiotic Hazard, David A. Wirth May 2018

Fda Flip-Flops On Antibiotic Hazard, David A. Wirth

David A. Wirth

No abstract provided.


Fda On Food Additives And Salt, David A. Wirth May 2018

Fda On Food Additives And Salt, David A. Wirth

David A. Wirth

No abstract provided.


Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa Mar 2018

Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa

Ryan B. Stoa

Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close. At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water ...


Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa Mar 2018

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa

Ryan B. Stoa

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological, not political, boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. With the stakes so high, Florida’s water management districts are at the center of a broad fight for control of water resources. In particular, transboundary water conflicts, political pressure ...


Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa Mar 2018

Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa

Ryan B. Stoa

Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the "Regulate Marijuana Like Alcohol Act." For political and public health reasons the analogy makes sense, but it also reveals a regulatory blind spot. States may be using alcohol as a model for regulating the distribution, retail, and consumption of marijuana, but marijuana is much more ...


Cooperative Federalism In Biscayne National Park, Ryan Stoa Mar 2018

Cooperative Federalism In Biscayne National Park, Ryan Stoa

Ryan B. Stoa

Biscayne National Park is the largest marine national park in the United States. It contains four distinct ecosystems, encompasses 173,000 acres (only five percent of which are land), and is located within densely populated Miami-Dade County. The bay has a rich history of natural resource utilization, but aggressive residential and industrial development schemes prompted Congress to create Biscayne National Monument in 1968, followed by the designation of Biscayne National Park in 1980. When the dust settled, Florida retained key management powers over the Park, including joint authority over fishery management. States and the federal government occasionally share responsibility for ...


Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa Mar 2018

Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa

Ryan B. Stoa

The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as ...