Reconceiving The Internal And Social Enforcement Effects Of Expressive Regulation,
2016
Drexel University
Reconceiving The Internal And Social Enforcement Effects Of Expressive Regulation, Alex Geisinger
William & Mary Law Review Online
As political resistance to traditional forms of regulation has increased, regulators have turned to the social and behavioral sciences to identify new and better regulatory tools. One of these new tools is expressive regulation. Expressive regulation harnesses the internal and social enforcement mechanisms of community norms as a means of changing individual behavior. Expressive regulation holds significant promise for influencing many different types of behaviors, and its low administrative and enforcement costs are particularly appealing in the current political climate. However, the use of expressive regulation is hampered by a well-entrenched belief in legal scholarship that social enforcement of norms …
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act,
2016
University of Georgia School of Law
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Georgia Journal of International & Comparative Law
No abstract provided.
Uncertainty, Complexity, And Regulatory Design,
2016
Penn State Law
Uncertainty, Complexity, And Regulatory Design, Adam I. Muchmore
Adam I. Muchmore
This Article develops an analytic framework for understanding the role of uncertainty in regulatory design. It begins by differentiating between three types of uncertainty: legal uncertainty, factual uncertainty, and uncertainty about the application of law to fact. This framework highlights the pervasiveness of factual uncertainty and law-fact uncertainty in daily affairs. Viewed through this framework, legal uncertainty is less problematic than it is typically thought to be. The Article then focuses on legal uncertainty, examining it from two perspectives: the relationship between rules and standards, and the relationship between simplicity and complexity. It suggests that there are fundamental limits on …
Appeal No. 0890: American Water Management Service, Llc, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0890: American Water Management Service, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2014-372 & 2014-374 (AWMS #2 Well)
Appeal No. 0889: American Water Management Service, Llc, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0889: American Water Management Service, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2014-372 & 2014-374 (AWMS #2 Well)
Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016,
2016
Roger Williams University School of Law
Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Alj Central Panels: How Is It Going Out There?,
2016
Pepperdine University
Alj Central Panels: How Is It Going Out There?, W. Michael Gillette
Journal of the National Association of Administrative Law Judiciary
For over 40 years, administrative law mavens have touted the desirability of “central panels,” i.e., panels of administrative law judges who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies administrative law judges to conduct contested case hearings for a variety of agencies. More than half the states have listened to the siren call and have created such panels — the earliest (California’s) as far back as 1946. As one who at first opposed, but later supported the creation of such a panel in his home state, Oregon, the author now …
Report To The California Public Utilities Commission
Regarding Ex Parte Communications And Related
Practices,
2016
Pepperdine University
Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson
Journal of the National Association of Administrative Law Judiciary
Part I contains the analysis of existing law. We review the statutes and regulations governing ex parte communications before the CPUC, examine corresponding laws of other jurisdictions, and compare the CPUC statutes and regulations with those of the other jurisdictions. In Part II we examine actual ex parte practices before the CPUC. Based on data obtained from notices filed on the Commission’s website by parties to rate-setting cases, we provide a quantitative characterization of the extent and nature of noticed ex parte communications over the past roughly 22 years. We then place ex parte communications within the context of the …
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund,
2016
Pepperdine University
Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
De-Scribing Administrative Law Case Data:
From Sparklines To Dashboards To Analytics,
2016
Pepperdine University
De-Scribing Administrative Law Case Data: From Sparklines To Dashboards To Analytics, Steven Placek
Journal of the National Association of Administrative Law Judiciary
In this article, I present some examples of opportunities for agencies to depart from the inscribed method. These examples of display “de-scribe” administrative law data, making the data more visually active, multi-variate—with additional context and greater density. In Part II of this article, I review examples of the current state of data display for administrative law agencies and show how the inscribed method limits complex displays of data. In Part III, I introduce the concept of the sparkline, which is the fundamental unit of visual data display in the big data era that appears in organizational dashboards and analytics deployments. …
To Waive Or Not To Waive? Filing Deadlines And
Hearing Requests In Administrative Adjudications,
2016
Pepperdine University
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
Journal of the National Association of Administrative Law Judiciary
In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …
Adjudicasaurus Rex,
2016
Pepperdine University
Adjudicasaurus Rex, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …
Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients, Stacey A. Tovino
Scholarly Works
With a special focus on federal provisions strictly regulating Medicare-participating hospitals' use of seclusion, this Article uses developments in health law as a lens through which the uses and abuses of seclusion in immigration detention centers might be assessed and through which the standards governing detention centers might be improved. In particular, this Article argues that the unenforceable standards governing seclusion in immigration detention, including the most recent version of ICE's Performance-Based National Detention Standards, were incorrectly modeled on correctional standards developed for use in jails and prisons with respect to convicted criminals. This Article asserts that correctional standards are …
Many Key Issues Still Left Unaddressed In The Securities And Exchange Commission's Attempt To Modernize Its Rules Of Practice,
2016
University of Notre Dame Law School
Many Key Issues Still Left Unaddressed In The Securities And Exchange Commission's Attempt To Modernize Its Rules Of Practice, Joseph Quincy Patterson
Notre Dame Law Review
This Note analyzes and explains the current issues and criticism regarding the SEC’s use of ALJs. In particular, this Note recommends that the SEC ratify its ALJs in accordance with constitutional requirements, create a rigid formula for its forum selection, and amend its Rules of Practice to align more closely to the procedural due process rights in federal district courts. As many of these topics are currently being discussed in federal courts of appeals and within the SEC—through its proposed amendments to the Rules of Practice—this Note intends to add to the discussion on a topic with very little scholarly …
3d-Printed Food,
2016
George Mason University
3d-Printed Food, Jasper L. Tran
Minnesota Journal of Law, Science & Technology
No abstract provided.
Guns, Limbs, And Toys: What Future For 3d Printing?,
2016
University of Minnesota Law School
Guns, Limbs, And Toys: What Future For 3d Printing?, Adam D. Thierer, Adam Marcus
Minnesota Journal of Law, Science & Technology
No abstract provided.
Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance,
2016
Indiana University
Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance, Arlen W. Langvardt
Minnesota Journal of Law, Science & Technology
No abstract provided.
Possession Is 99% Of The Law: 3d Printing, Public Domain Cultural Artifacts And Copyright,
2016
USC Gould School of Law
Possession Is 99% Of The Law: 3d Printing, Public Domain Cultural Artifacts And Copyright, Charles Cronin
Minnesota Journal of Law, Science & Technology
No abstract provided.
Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology,
2016
University of Minnesota Law School
Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel
Minnesota Journal of Law, Science & Technology
No abstract provided.
State Standing To Challenge Federal Authority In The Modern Administrative State,
2016
University of Washington School of Law
State Standing To Challenge Federal Authority In The Modern Administrative State, Shannon M. Roesler
Washington Law Review
The modern administrative state relies on a model of shared governance. Federal regulatory regimes addressing a range of economic and social issues depend on the participation of state governments for their implementation. Although these state-federal partnerships are often cooperative, conflicts over the allocation of regulatory authority and administrative policy are inevitable. In recent years, states have sought to resolve some of these conflicts in the federal courts. Well-known state challenges to federal authority include challenges to environmental rules, health insurance legislation, and immigration policies. In these cases, courts have struggled to decide whether states have constitutional standing to bring suit …
