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Administrative Law

2000

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Articles 1 - 30 of 115

Full-Text Articles in Law

The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein Dec 2000

The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein

Federal Communications Law Journal

When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification ...


The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister Dec 2000

The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister

Federal Communications Law Journal

The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.


The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon Dec 2000

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon

Federal Communications Law Journal

Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of ...


Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont Dec 2000

Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont

Federal Communications Law Journal

The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master ...


The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi Dec 2000

The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi

Boston College International and Comparative Law Review

This Article examines and compares the differing treatment of territorial restraints in licensing agreements under United States (U.S.) antitrust law and European Union (E.U.) competition law. While in the U.S. vertical territorial restraints are assessed under the Rule of Reason, in the E.U. they often are considered illegal per se, unless exempt under the E.U. Technology Transfer Regulation or by an express decision of the Commission addressed to the parties to the licensing agreement. Yet, even if a licensing agreement is exempt under the E.U. Regulation, the Regulation imposes severe time limitations on exclusivity ...


Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson Dec 2000

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either ...


Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt Dec 2000

Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt

Boston College Law Review

This Note analyzes the nonlegislative rule exception to the rulemaking requirements of the administrative Procedure Act ("APA'). To lend greater accountability to federal agencies, the APA places an obligation on agencies to incorporate public input when creating new rules. Agencies, however; can avoid considering public commentary through a vague exception: section 553(b)(A) of the APA. After analyzing section 553(b)(A), this. Note evaluates how one agency, the Food and Drug Administration, has responded to the confusion surrounding the exception. Finally, this Note considers how the Senate has overlooked problems associated with section 553(b)(A) in the ...


Deference And Disability Discrimination, Rebecca Hanner White Dec 2000

Deference And Disability Discrimination, Rebecca Hanner White

Michigan Law Review

For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the ...


The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook Nov 2000

The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook

Michigan Law Review

The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent ...


Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck Oct 2000

Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.


The Devil, The Details, And The Dawn Of The 21st Century Administrative State: Beyond The New Deal, Sandra B. Zellmer Oct 2000

The Devil, The Details, And The Dawn Of The 21st Century Administrative State: Beyond The New Deal, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.


Rethinking Patent Law In The Administrative State, Orin S. Kerr Oct 2000

Rethinking Patent Law In The Administrative State, Orin S. Kerr

William & Mary Law Review

This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.


New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams Oct 2000

New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams

Buffalo Environmental Law Journal

No abstract provided.


Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina Oct 2000

Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina

Cornell Law Faculty Publications


Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia R. Farina, Ernest Gellhorn, John D. Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, Jonathan Baert Weiner Oct 2000

Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia R. Farina, Ernest Gellhorn, John D. Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, Jonathan Baert Weiner

Cornell Law Faculty Publications

As the number, cost, and complexity of federal regulations have grown over the past twenty years, there has been growing interest in the use of analytic tools such as risk assessment and cost-benefit analysis to improve the regulatory process. The application of these tools to public health, safety, and environmental problems has become commonplace in the peer-reviewed scientific and medical literatures. Recent studies prepared by Resources for the Future, the American Enterprise Institute, the Brookings Institution, and the Harvard Center for Risk Analysis have demonstrated how formal analyses can and often do help government agencies achieve more protection against hazards ...


The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins Oct 2000

The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins

Faculty Publications

No abstract provided.


Plain Ambiguities In The Clear Articulation Requirement For State Action Antitrust Immunity: The Case Of State Agencies, C Douglas Floyd Sep 2000

Plain Ambiguities In The Clear Articulation Requirement For State Action Antitrust Immunity: The Case Of State Agencies, C Douglas Floyd

Boston College Law Review

This Article focuses on the application of the state action antitrust inimunity doctrine of Parker v. Brown to the regulatory programs of state administrative agencies having statewide jurisdiction. It concludes that state agencies should be subject to significantly different requirements for antitrust immunity than are local governmental units. This Article also addresses unresolved issues that frequently recur in the context of state administrative action, such as the effect of retroactive intetpretations of state policy by a state agency, whether the clear articulation and active supervision requirements for antitrust immunity play any separate role in the context of administrative policy making ...


2nd Annual Open Government Summit: Department Of The Attorney General, State Of Rhode Island, Department Of The Attorney General, State Of Rhode Island Aug 2000

2nd Annual Open Government Summit: Department Of The Attorney General, State Of Rhode Island, Department Of The Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


James Sparks Jul 2000

James Sparks

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy Jun 2000

Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy

Law Faculty Scholarly Articles

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing in environmental citizen suits. Specifically, the Court rejected the narrow view of environmental injury-in-fact advocated by Justice Scalia and instead adhered to the broader view of injury-in-fact established in a nonenvironmental context by the Court's decision in Federal Elections Commission v. Akins. As importantly, the Court also addressed the redressability requirement of Article III standing in Laidlaw. Here too, the Court did not ...


How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel Jun 2000

How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "Commercial nuclear reactors in the United States have been producing electricity and highly radioactive wastes for more than forty years. Originally, reluctant utilities built reactors at the urging of Congress, acting in accordance with the Atomic Energy Act. The Act called for promotion of nuclear technology and also provided a shield of secrecy allowing for extensive power to classify information. Wiretapping and other surveillance techniques were allowable if nuclear secrets or interference with nuclear programs were involved. During this time the Atomic Energy Commission (AEC) provided films and comic books, and gave speeches in a public relations campaign designed ...


Appeal No. 0675: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0675: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17


Appeal No. 0677: B.T. Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0677: B.T. Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-142


Appeal No. 0681: Joseph T. Flaherty, Dba Pioneer Production V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0681: Joseph T. Flaherty, Dba Pioneer Production V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-82


Appeal No. 0683: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0683: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17


Appeal No. 0654: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0654: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 98-48


Appeal No. 0676: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0676: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17


Appeal No. 0678: Perto Drilling Corp., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission May 2000

Appeal No. 0678: Perto Drilling Corp., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-156