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Articles 1 - 30 of 152
Full-Text Articles in Law
Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown
Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown
Faculty Publications By Year
Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market failures, which include information asymmetries, noncompetitive levels of provider market concentration, moral hazard created by health insurance, multiple principal-agent relationships with misaligned incentives, and externalities from unwarranted price variation and discrimination. These health care market failures invite a regulatory solution. An array of legal and policy solutions are typically advanced to control our health care prices and spending, including: (1) market solutions …
Due Process Vs. Administrative Law, Kent H. Barnett
Due Process Vs. Administrative Law, Kent H. Barnett
Popular Media
This article by Professor Kent Barnett was published in the Wall Street Journal on November 16, 2015. It discusses the Securities and Exchange Commission recently coming under fire for pressuring its in-house administrative-law judges to rule in its favor during agency enforcement proceedings.
Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-68 (Enviro Clean Facility)
Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-498 (Geitgey Donald #3 Well)
Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission
Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management And Antero Resources Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)
Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission
Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management And K & H Partners, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Issuance of Injection Well Permit SWIW #11 (K & H Partners, LLC)
Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler
Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler
Faculty Publications By Year
No abstract provided.
Public Utilities Commission Reform Takes A Step Back, Deborah Nicole Behles, Steven Weissman
Public Utilities Commission Reform Takes A Step Back, Deborah Nicole Behles, Steven Weissman
Publications
California is taking a leadership role with its progressive energy and environmental policies by requiring that half its energy is generated from renewable resources, authorizing the largest low-income solar initiative in the country and mandating a 50 percent increase in building energy efficiency. But the primary agency overseeing many of these policies, the California Public Utilities Commission, has been plagued with allegations of impropriety. Last fall, emails between commissioners and high-level utility officials led to serious questions about the integrity and fairness of the PUC’s decision-making.
Comments On Public Lands: Title Transfer Proposals, Chuck Howe
Comments On Public Lands: Title Transfer Proposals, Chuck Howe
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
3 pages.
Presidential Control Across Policymaking Tools, Catherine Y. Kim
Presidential Control Across Policymaking Tools, Catherine Y. Kim
Faculty Scholarship
No abstract provided.
Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies
Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Rent Certainty Is Not Rent Control, Tom Dunne
Rent Certainty Is Not Rent Control, Tom Dunne
Reports
The housing crisis and the debate about rent control should result in a beneficial change to the regulation of the sector but the opportunity could be lost for want of clarity of thinking about the nature of rent certainty and the distinction between it and rent control. At present rent is regulated by the Residential Tenancies Act 2004 (RTA 2004) which provides that rent can only change once a year and cannot be more than the market rent. Many argue a greater degree of rent certainty is required and that rent should not be allowed to increase by more than …
A Legal Guide For University Admissions Offices: How To Stay Out Of Court, Marrissa Bryant, Christian Montgomery, Hillary Smith
A Legal Guide For University Admissions Offices: How To Stay Out Of Court, Marrissa Bryant, Christian Montgomery, Hillary Smith
Parameters of Law in Student Affairs and Higher Education (CNS 670)
No abstract provided.
Procedural Triage, Matthew J.B. Lawrence
Procedural Triage, Matthew J.B. Lawrence
Faculty Scholarly Works
Prior scholarship has assumed that the inherent value of a “day in court” is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a “day in court” can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
From Fedspeak To Forward Guidance: Regulatory Dimensions Of Central Bank Communications, Robert B. Ahdieh
From Fedspeak To Forward Guidance: Regulatory Dimensions Of Central Bank Communications, Robert B. Ahdieh
Faculty Scholarship
In the face of the financial crisis that engulfed the globe beginning in 2007, the U.S. Federal Reserve quickly found itself without the key lever of monetary policy on which it had traditionally relied: short-term interest rate adjustments designed to move long-term rates, and thereby expected levels of lending, investment, and capital retention. By late 2008, short-term rates were already close to zero, yet unemployment remained strikingly high – with no sign of any likely renewal of bank lending or commercial investment.
Famously, the Fed embraced so-called quantitative easing – the purchase of massive volumes of public and private debt …
Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey
Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey
Nevada Supreme Court Summaries
The Court held that NRS § 533.395 requires a party seeking relief from the cancellation of a water permit to exhaust all available administrative remedies before seeking judicial review, even if the State Engineer is not authorized to provide the particular remedy that the party seeks. If the State Engineer is authorized by NRS § 533.395 to provide a party with a remedy, then the doctrine of futility does not apply to excuse the NRS § 533.394(4) exhaustion requirement. Therefore, the party must first show that the administrative process would afford him or her “no relief at all” before seeking …
Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission
Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-544 (R.E. Gas Development, LLC; Grunder North Unit)
Tate V. State, Bd. Of Med. Exam’Rs, 131 Nev. Adv. Op. 67 (Sep. 10, 2015), Nancy Snow
Tate V. State, Bd. Of Med. Exam’Rs, 131 Nev. Adv. Op. 67 (Sep. 10, 2015), Nancy Snow
Nevada Supreme Court Summaries
The Court considers an appeal from a district court order denying an injunction challenging the constitutionality of a statute prohibiting stay of Board of Medical Examiners decision. The Court revered and remanded the district court’s order because the statute prohibiting district courts from entering a stay of a decision of the Board of Medical Examiners pending judicial review violates the separation of powers doctrine as a matter of first impression.
The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake
The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake
Cornell Law Faculty Publications
This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA”) issued …
Save The Bureaucrats, Paul R. Verkuil
Save The Bureaucrats, Paul R. Verkuil
The Regulatory Review in Depth
No abstract provided.
Acus - And Administrative Law - Then And Now, Michael Herz
Acus - And Administrative Law - Then And Now, Michael Herz
Articles
The Administrative Conference of the United States (ACUS) both shapes and reflects the intellectual, policy, and practical concerns of the field of administrative law. Its recommendations are therefore a useful lens through which to view that field. Also, because of an unfortunate hiatus, ACUS has gotten underway not once but twice. Those two beginnings provide a kind of natural experiment, and they make a revealing contrast. This article traces the transformations of American administrative law, as well as the field’s perpetual concerns, by comparing the initial recommendations of ACUS 1.0 (1968 to 1970) with the initial recommendations of ACUS 2.0 …
Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)
Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)
Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-120; Chapman #1 Well
Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-94
Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)
Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-119; Shah-Shah-Patel #2 Well
Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Decision (Application to Operate Facility)
Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-412
17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island
17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.