Administrative Law Commons^™

Pepperdine University School Of Law; Legal Summaries, Nicole Banister

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Foreign Corrupt Practices Act: Pleading Parent­Subsidiary Liability, Alexander Avery

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Look Back: Developing Indiana Law; Post-Bench Reflections Of An Indiana Supreme Court Justice; Selected Developments In Indiana Administrative Law (1989-2012), Frank Sullivan Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Striving For Efficiency In Administrative Litigation: North Carolina's Office Of Administrative Hearings, Julian Mann Iii

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Transparency In Administrative Courts: From The Outside Looking In, Elizabeth Figueroa

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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)

External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge

James Routledge

This article considers the merits of alternative policy approaches to management of companies in insolvency administration, in particular from an identity economics theoretical perspective. The use of this perspective provides a novel assessment of the policy alternatives for insolvency administration, which can be characterised as either following the more flexible United States Chapter 11-style debtor-in-possession arrangement, or relying on the appointment of an external administrator or trustee to manage the insolvent company, who automatically displaces incumbent management. This analysis indicates that stigma and reputational damage from automatic removal of managers in voluntary administration leads to “identity loss” and that an …

Illusory Rights Under The Arbitrary And Capricious Standard: Adding Remedial Safeguards To The Judicial Standard Of Review Beyond Erisa Denial Of Benefits Claims, Javier J. Diaz

Seton Hall Circuit Review

No abstract provided.

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)

Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled

Yaniv Heled

No abstract provided.

Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown

Erin C. Fuse Brown

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 …

Land Use Planning And Development Regulation Law (Hornbook), Julian Juergensmeyer, T. Roberts

Julian C. Juergensmeyer

Land Use Planning and Development Regulation Law helps real estate and land use lawyers, professional planners, developers, state and local policy makers, officials, academics, and judges handle land use planning and development issues. Its in-depth coverage of the traditional elements of land use planning and control law makes it a practical tool for city planners and other specialists in urban planning.

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)

Inside Regulatory Interpretation: A Research Note, Christopher J. Walker

Michigan Law Review First Impressions

We now live in a regulatory world, where the bulk of federal lawmaking takes place at the bureaucratic level. Gone are the days when statutes and common law predominated. Instead, federal agencies—through rulemaking, adjudication, and other regulatory action—have arguably become the primary lawmakers, with Congress delegating to its bureaucratic agents vast swaths of lawmaking power, the President attempting to exercise some control over this massive regulatory apparatus, and courts struggling to constrain agency lawmaking within statutory and constitutional bounds. This story is not new. Over two decades ago, for instance, Professor Lawson lamented the rise of the administrative state and …

Federal Agencies In The Legislative Process: Technical Assistance In Statutory Drafting, Christopher J. Walker

Christopher J. Walker

Federal agencies draft statutes. Indeed, they are often the chief architects of the statutes they administer. Even when federal agencies are not the primary substantive authors, they routinely respond to congressional requests to provide technical assistance in statutory drafting. Yet despite their substantial role in the legislative process, our understanding about how agencies interact with Congress is greatly undertheorized and perhaps even less understood empirically. This Report, which was commissioned by the Administrative Conference of the United States (ACUS), explores the latter role of federal agencies in the legislative process: the provision of technical assistance in statutory drafting.

To better …

Inside Regulatory Interpretation: A Research Note, Christopher J. Walker

Christopher J. Walker

In response to Kevin M. Stack, Interpreting Regulations, 111 Mich. L. Rev. 355 (2012).

In Interpreting Regulations, Professor Stack provides the first comprehensive approach to regulatory interpretation and situates this approach within the larger literature on legal interpretation. His theory of regulatory interpretation is simple yet pioneering: “a regulation should be read in light of its purposes, with the regulation’s text and the statement of basis and purpose constituting the privileged interpretive sources.” This Research Note takes a look inside regulatory interpretation to explore the empirical foundation for Professor Stack’s novel approach to regulatory interpretation.

In 2013, the author conducted …

Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler

Faculty Publications By Year

No abstract provided.

An Executive-Power Non-Delegation Doctrine For The Private Administration Of Federal Law, Dina Mishra

Vanderbilt Law Review

Private entities often administer federal law. The early-twentieth-century Supreme Court derived constitutional limits to delegations of administrative power to private entities, grounding them in Article I of the Constitution where legislative power is delegated and in the Due Process Clause where the delegee's bias is apparent. But limits to the delegation of executive power to private administrators of law might exist in Article II. Those limits- in particular, their scope and the interplay among them-have been left underdeveloped by existing scholarship.

This Article explores the possibility of an Article II executive-power non-delegation doctrine for the private administration of federal law, …

La Prevención Y Represión De Los Fraudes Alimentarios En La Unión Europea, Luis González Vaqué

Luis González Vaqué

Food fraud, or the act of defrauding buyers of food or ingredients for economic gain has vexed the food industry throughout history. Despite the integrity of the majority of the food industry and their commitment to consumer protection and consumer confidence, the issue of food fraud has gained attention in recent times. Although EU food law is very detailed with respect to food safety (including controls and tests in areas such as residues and other contaminants of food and feed), there is no framework in place specifically to target food fraud, other than the general stipulation that consumers may not …

Regulating Interconnection (Lightly!), Daniel A. Lyons

Daniel Lyons

No abstract provided.