The Curious Case Of Seminole Rock: Revisiting Judicial Deference To Agency Interpretations Of Their Ambiguous Regulations, 2016 Notre Dame Law School
The Curious Case Of Seminole Rock: Revisiting Judicial Deference To Agency Interpretations Of Their Ambiguous Regulations, Peter M. Torstensen Jr.
Notre Dame Law Review
Seminole Rock deference warrants reconsideration as it is based on questionable constitutional and pragmatic foundations. This Note argues that courts should provide a meaningful check on agency interpretations by engaging in de novo review of agency resolutions of regulatory ambiguities. Part I explores the development of the Seminole Rock doctrine, from its questionable doctrinal foundations and rapid expansion to the developing concerns regarding its continued validity. In addition, Part I explains the variety of forms that agency interpretations can take, including legal briefs, amicus briefs, and internal memoranda, and discusses their impact in expanding the scope of Seminole Rock deference. …
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, 2016 St. Thomas University
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, 2016 St. Thomas University
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, 2016 St. Thomas University
The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi
Lectures and Presentations
The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.
Appeal No. 0905: Virginia Ohio Oil Company, Llc, V. Division Of Oil & Gas Resources Management, 2016 Case Western Reserve University School of Law
Appeal No. 0905: Virginia Ohio Oil Company, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-43; William Hartley #1 Well
Early Afternoon Concurrent Panel Sessions: Commercial Space Industry Snapshot: Presentation: 2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), 2016 Embry-Riddle Aeronautical University - Prescott
Early Afternoon Concurrent Panel Sessions: Commercial Space Industry Snapshot: Presentation: 2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.
Aviation / Aeronautics / Aerospace International Research Conference
The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …
The Immunity Of The Attorney General To Law Society Discipline, 2016 Dalhousie University Schulich School of Law
The Immunity Of The Attorney General To Law Society Discipline, Andrew Martin
Articles, Book Chapters, & Popular Press
English Abstract: The Attorney General is both the minister responsible to the legislature for oversight of the law society and a practicing member of the law society. This dual status raises important questions: Is the Attorney General subject to discipline by the law society? Should she be? This article argues that the Attorney General is immune, absent bad faith, both for prosecutorial discretion and core policy advice and decisions, as well as absolutely immune under parliamentary privilege for anything said in the legislature. The Attorney General enjoys no special immunity otherwise, i.e. for the practice of law outside prosecutorial discretion …
The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, 2016 Georgia State University College of Law
The Comprehensive Capital Analysis And Review And The New Contingency Of Bank Dividends, Robert Weber
Faculty Publications By Year
No abstract provided.
Appeal No. 0892: R.E. Disposal, Llc, V. Division Of Oil & Gas Resources Management, 2016 Case Western Reserve University School of Law
Appeal No. 0892: R.E. Disposal, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-421
Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, 2016 Professor of Law, University of Cincinnati College of Law
Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong
The University of Cincinnati Intellectual Property and Computer Law Journal
This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and …
Regulating Healthcare Robots: Maximizing Opportunities While Minimizing Risks, 2016 University of Richmond
Regulating Healthcare Robots: Maximizing Opportunities While Minimizing Risks, Drew Simshaw, Nicolas Terry, Kris Hauser, M.L. Cummings
Richmond Journal of Law & Technology
Some of the most dynamic areas of robotics research and development today are healthcare applications. Robot-assisted surgery, robotic nurses, in-home rehabilitation, and eldercare robots' are all demonstrating rapidly iterating innovation. Rising healthcare labor costs and an aging population will increase demand for these human surrogates and enhancements. However, like many emerging technologies, robots are difficult to place within existing regulatory frameworks. For example, the federal Food, Drug, and Cosmetic Act (FD&C Act) seeks to ensure that medical devices (few of which are consumer devices) are safe, the HIPAA Privacy and Security Rules apply to data collected by health care providers …
Finality And Judicial Review Under The Immigration And Nationality Act: A Jurisprudential Review And Proposal For Reform, 2016 Office of Immigration Litigation, Civil Division, U.S. Department of Justice.
Finality And Judicial Review Under The Immigration And Nationality Act: A Jurisprudential Review And Proposal For Reform, Jesi J. Carlson, Patrick J. Glen, Kohsei Ugumori
University of Michigan Journal of Law Reform
Under the Immigration and Nationality Act (INA), aliens may petition for judicial review of an adverse decision of the Board of Immigration Appeals (Board) as long as that decision constitutes a “final order of removal.” Usually it is not difficult to ascertain when an alien should file her petition: the thirty-day statutory filing deadline begins to run when the Board issues a decision that affirms the immigration judge’s removal order in its entirety. In some cases, however, an alien seeks multiple forms of relief from removal in a single proceeding. When that occurs, some forms of relief might be granted, …
Legislative Delegations And The Elections Clause, 2016 Pepperdine University School of Law
Legislative Delegations And The Elections Clause, Derek T. Muller
Florida State University Law Review
No abstract provided.
Dynamic Governance In Theory And Application, Part I, 2016 Florida State University College of Law
Dynamic Governance In Theory And Application, Part I, David L. Markell, Robert L. Glicksman
Scholarly Publications
This Article is the first of two that grapple with a central policy challenge facing the administrative state: how to govern in times of dynamic change when challenges, and opportunities to address them, are both shifting rapidly. It suggests that, conceptually, process design that is likely to produce effective regulatory governance requires attention to three key distinct but interrelated variables: (1) the actors who are or should be involved in program implementation in different capacities; (2) the mechanisms (legal and otherwise) available to promote good governance; and (3) the tools available to advance desired results. To demonstrate the value of …
Public Laws And Private Lawmakers, 2016 University of Baltimore School of Law
Public Laws And Private Lawmakers, Kimberly L. Wehle
All Faculty Scholarship
The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …
The Motor City Needs Oil (On Canvas): An Argument In Support Of Detroit's "Grand Bargain", 2016 University of Georgia School of Law
The Motor City Needs Oil (On Canvas): An Argument In Support Of Detroit's "Grand Bargain", Jonathan A. Weeks
Georgia Law Review
Now the largest municipality in the history of the United States to go bankrupt, Detroit very nearly lost its famous art collection to its creditors. To protect its collection, Detroit proposed what is now often referred to as the "grand bargain," which involved creating a corporation that paid $816 million for the entire art collection provided that the amount paid was earmarked for pension holders in Detroit. The deal resulted in realizing two goals: keeping the art collection in Detroit and protecting pensioners who faced a huge loss in the wake of the bankruptcy. Critics of the grand bargain claim …
Wage Theft As Public Larceny, 2016 Brooklyn Law School
Wage Theft As Public Larceny, Elizabeth J. Kennedy
Brooklyn Law Review
Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …
Broker-Dealer Law Reform: Financial Intermediaries In A State Of Limbo, 2016 Brooklyn Law School
Broker-Dealer Law Reform: Financial Intermediaries In A State Of Limbo, Alexander R. Tiktin
Brooklyn Law Review
No abstract provided.
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, 2016 Harvard Law School (Student)
Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, Rachel Kenigsberg
Buffalo Environmental Law Journal
No abstract provided.
How The Lone Star State Reached The Entire Nation: The Need To Limit The Nationwide Injunction Against Dapa And Daca In United States V. Texas, 2016 Florida A&M University College of Law
How The Lone Star State Reached The Entire Nation: The Need To Limit The Nationwide Injunction Against Dapa And Daca In United States V. Texas, Denise Cartolano
Florida A & M University Law Review
On June 23, 2016, the Supreme Court of the United States was ultimately deadlocked in the case United States v. Texas. In just one line, the Supreme Court shattered the dreams of millions of undocumented children and their parents who were residing in the United States; those like Anthony and Maria.The Supreme Court's utterance of these nine words, "[t]he judgment is affirmed by an equally divided Court," created instability and uncertainty amongst undocumented children, students, workers and parents. This divided decision upheld a nationwide injunction against President Obama's executive action creating DAPA and expanding DACA.
Although the stories of Anthony …