Administrative Law Commons^™

Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel

Richard A Grisel

The development of geothermal resources has been greatly hampered by the legal and institutional framework governing geothermal energy resources. This framework has been plagued by conflicting mining and water laws, anachronistic common law systems of property rights, problematic legal classifications of geothermal resources, and jurisdictional variances from state to state and between states and the Federal government. These issues have combined to significantly hinder the development of what will be a vital resource for our nation’s future energy needs.

This thesis concerns one way to address the suboptimal development of geothermal energy resources. Using the Federal acquisition of exclusive airspace …

Science And International Trade – Third Generation Scholarship, Jeffery Atik, David A. Wirth

David A. Wirth

No abstract provided.

An American Word For War, David Wirth

David A. Wirth

Jesse is in his early twenties and stuck in Salinas, California. He works at Lenscrafters, making glasses, making decent money and he is comfortable. The novel opens when Jesse’s high school friend, Ben, is visiting from Los Angeles, where he is a screenwriter. The two go to a party for another old acquaintance, Ian, who has just returned from a tour in Iraq. Their encounter with Ian sets the rest of the novel in motion. They are exposed to something big in the world (the machinery of a war that up to that point had been nothing more than words …

The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth

David A. Wirth

Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …

The International Organization For Standardization: Private Voluntary Standards As Swords And Shields, David A. Wirth

David A. Wirth

Private voluntary standards such as the International Organization for Standardization’s (ISO’s) 14000 series have played an increasingly important role in encouraging corporations to adopt more sustainable business models on their own initiative and not in direct response to governmentally mandated requirements. ISO standards have a number of benefits, including promoting international uniformity; elevating environmental issues within an enterprise; promoting international trade; and providing a minimal level of environmental performance in countries with less than adequate regulatory infrastructure. Concerns about ISO standards include the relationship to public regulation; and ISO 14001’s essentially procedural, as opposed to performance-based, character. International trade agreements …

Globalizing The Environment, David A. Wirth

David A. Wirth

No abstract provided.

A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield

Kent Greenfield

Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …

Introduction: Law, Torture, And The “Task Of The Good Lawyer” – Mukasey Agonistes , Daniel Kanstroom

Daniel Kanstroom

Following September 11, 2001, there was a challenge to the role of law as a regulator of military action and executive power. Government lawyers produced legal interpretations designed to authorize, legitimize, and facilitate interrogation tactics widely considered to be illegal. This raises a fundamental question: how should law respond to such flawed interpretation and its consequences, even if the ends might have seemed necessary or just? This Symposium examines deep tensions between competing visions of the rule of law and the role of lawyers. Spurred by a controversy over the selection of then-Attorney General Michael Mukasey as commencement speaker, the …

On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom

Daniel Kanstroom

While some aspects of the “waterboarding” debate are largely political, the practice also implicates deeply normative underpinnings of human rights and law. Attorney General Michael Mukasey has steadfastly declined to declare waterboarding illegal or to launch an investigation into past waterboarding. His equivocations have generated anguished controversy because they raise a fundamental question: should we balance “heinousness and cruelty” against information that we “might get”? Mr. Mukasey’s approach appears to be careful lawyering. However, it portends a radical and dangerous departure from a fundamental premise of human rights law: the inherent dignity of each person. Although there is some lack …

Deportation, Social Control, And Punishment: Some Thoughts About Why Hard Laws Make Bad Cases, Daniel Kanstroom

Daniel Kanstroom

From the Author’s Introduction: We live in a time of unusual vigor, efficiency, and strictness in the deportation of long-term permanent resident aliens convicted of crimes. This situation is the result of some fifteen years of relatively sustained attention to this issue, which culminated in two exceptionally harsh laws: the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). In many cases, these laws have brought about a rather complete convergence between the criminal justice and deportation systems. Deportation is now often a virtually automatic consequence of criminal …

Ejecutividad Y Ejecutoriedad Del Acto Administrativo., Jonnathan Bravo, Rodolfo Miranda

Jonnathan Bravo Venegas

No abstract provided.

Clear The Air: Lopsided Journalism In Public Policy Debates, Zygmunt J.B. Plater

Zygmunt J.B. Plater

A point-counterpoint to Professor Plater's article, "Law and the Fourth Estate: Endangered Nature, the Press, and the Dicey Game of Democratic Governance, Environmental Law, 32 (2002): 1-36.

Environmental Law As A Mirror Of The Future: Civic Values Confronting Market Force Dynamics In A Time Of Counter-Revolution, Zygmunt J.B Plater

Zygmunt J.B. Plater

No abstract provided.

From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.

The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater

Zygmunt J.B. Plater

This presentation was the product of an invitation to speak at a symposium for students and faculty from a variety of different non-law departments at the University of Tennessee, where in 1973 I had started what became a six-year legal campaign to divert the Tennessee Valley Authority from impounding the last flowing 33 miles of the Little Tennessee River behind TVA’s Tellico Dam.

Through The Looking Glass Of Eminent Domain: Exploring The “Arbitrary And Capricious” Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater, William Lund Norine

Zygmunt J.B. Plater

No abstract provided.

La Resolución Contractual En La Ley De Contrataciones Del Estado: Causales Y Procedimientos, Jonnathan Bravo, Rodolfo Miranda

Jonnathan Bravo Venegas

No abstract provided.

¿Es La Separación De Funciones Un Estándar Justiciable Para El Régimen De Sanciones Administrativas?, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García

Sergio Verdugo R.

Los autores comentan la sentencia del Tribunal Constitucional chileno, que declara la inaplicabilidad de un precepto del Código Sanitario que le permite al Director del Instituto de Salud Pública solicitar al intendente respectivo la privación de libertad de infractores que no hayan pagado multas cursadas con anterioridad, frente a lo cual no existe un posible control judicial que impida la aplicación efectiva de la medida cárcel. Los autores argumentan que el caso es, en realidad, acerca de la separación de funciones, y que el fallo persigue un equilibrio entre el respeto a los derechos de los regulados y el adecuado …

Contratistas Y Supervisores De Obra: Responsabilidades En El Marco De La Ley De Contrataciones Del Estado Y Otras Normas Aplicables, Jonnathan Bravo, Rodolfo Miranda

Jonnathan Bravo Venegas

No abstract provided.

Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The announcement by the Presidential Elections Committee (PEC) of the prospective candidates who have been issued certificates of eligibility for the 2011 presidential election in Singapore makes interesting reading for what it does and does not say. The Committee’s decision-making process is also fairly opaque. It is submitted the rules governing the PEC’s task should be reviewed before the next election. At least, it is hoped future Committees will adopt as constitutional conventions the practices of granting hearings to applicants, announcing decisions well ahead of nomination day, and issuing full reasons.

Judicial Review Of Informal Agency Action On The Fiftieth Anniversary Of The Apa: The Alleged Demise And Actual Status Of Overton Park's Requirement Of Judicial Review "On The Record", Gordon G. Young

Gordon G. Young

No abstract provided.

Some Reflections On Gramm-Rudman-Hollings, Gordon G. Young

Gordon G. Young

No abstract provided.

Notas Sobre Los Adicionales En Torno A La Ejecución Y Supervisión De Obras Públicas, Jonnathan Bravo, Rodolfo Miranda

Jonnathan Bravo Venegas

No abstract provided.

Moderator: The Law Of Disaster: A Discussion Focused On Administrative Law And Regulatory Practice, Wayne Barnes

Wayne R. Barnes

No abstract provided.

Podcast: Talk America Inc. V. Michigan Bell Telephone Company, Daniel Lyons

Daniel Lyons

No abstract provided.

Panelist, Deportation And Human Rights, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Seminars: U.S. Administrative Law And The Sarbanes-Oxley Act, Huyen Pham

Huyen T. Pham

No abstract provided.

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger Citron, John Rogovin

Rodger Citron

No abstract provided.

Tethering The Fcc: The Case Against Chevron Deference For Jurisdictional Claims, Daniel Lyons

Daniel Lyons

No abstract provided.

Regulating The Internet: Net Neutrality And Nondiscrimination Norms, Daniel Lyons

Daniel Lyons

No abstract provided.