Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
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,
2015
Case Western Reserve University School of Law
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
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act,
2015
Pacific Legal Foundation
Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood
Jonathan Wood
The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …
The Privacy Dilemma In Digital Arrestee Mug Shots Under The Foia 7(C) And State And Local Policy Recommendations,
2015
SelectedWorks
The Privacy Dilemma In Digital Arrestee Mug Shots Under The Foia 7(C) And State And Local Policy Recommendations, Ahad Syed
Ahad Syed
This Article examines the purpose and interpretation by courts of Freedom of Information Act’s 7(C) Exemption. Specifically, the Article sets out to unravel the current federal circuit court split over Exemption 7(C) by examining its application to the digital privacy dilemma as applied to arrestee photographs, commonly known as “mug shots.” Automated data-scraping programs continuously scour the internet, reaping, replicating, and reposting photographs of arrestees who may or may not have had charges dismissed in order to shame them into paying website owners for removal. While other commentators have argued for state law penalizing pay-to-remove mug shot websites only, this …
Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change,
2015
The University of Akron
Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change, Patricia Ravenscraft, Elizabeth Reilly
Akron Law Review
"ONE NEED not do extensive research into the historical background of bingo or lottery regulation in the State of Ohio before becoming aware that the current state of confusion in the law is not without precedent. Particularly in the large metropolitan centers, regulating and policing schemes and games of chance have presented a perennial problem.' With the advent of constitutionally authorized charitable bingo in November of 1975,' several legislative regulatory schemes were enacted. Each eventually gave rise to a more serious proliferation of problems in enforcing the legislative limitations. The critical proportions of the bingo problem were reflected in Amended …
Democratizing Startups,
2015
Illinois Institute of Technology
Democratizing Startups, Seth C. Oranburg
Seth C Oranburg
The Jumpstart Our Business Startups Act of 2012 intends to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number over 111. More money is going into huge …
Deference Lotteries,
2015
Penn State Law
Deference Lotteries, Jud Mathews
Jud Mathews
When should courts defer to agency interpretations of statutes, and what measure of deference should agencies receive? Administrative law recognizes two main deference doctrines — the generous Chevron standard and the stingier Skidmore standard — but Supreme Court case law has not offered a bright-line rule for when each standard applies.Many observers have concluded that courts’ deference practice is an unpredictable muddle. This Article argues that it is really a lottery, in the sense the term is used in expected utility theory. Agencies cannot predict which deference standard a court will apply or with what effect, but they have a …
Strategic Delegation, Discretion, And Deference: Explaining The Comparative Law Of Administrative Review,
2015
Penn State Law
Strategic Delegation, Discretion, And Deference: Explaining The Comparative Law Of Administrative Review, Jud Mathews, Nuno M. Garoupa
Jud Mathews
This paper offers a theory to explain cross-national variation in administrative law doctrines and practices. Administrative law regimes vary along three primary dimensions: the scope of delegation to agencies, agencies’ exercise of discretion, and judicial practices of deference to agencies. Working with a principal-agent framework, we show how cross-national differences in institutions’ capacities and the environments they face encourage the adoption of divergent strategies that lead to a variety of distinct, stable, equilibrium outcomes. We apply our model to explain patterns of administrative law in the United States, Germany, France, and Commonwealth jurisdictions.
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014),
2015
Alexander Blewett III School of Law at the University of Montana
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
Public Land & Resources Law Review
High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …
Millennial Pivot: Sustainability-Purposed Performance Zoning Guidelines In Urban Commercial Development,
2015
Arizona Summit Law School
Millennial Pivot: Sustainability-Purposed Performance Zoning Guidelines In Urban Commercial Development, Michael Widener
Michael N Widener
This paper argues that economic competitiveness requires cities and towns to reimagine their zoning regulations, leveraging technology advances to address challenges revealed by demands for sustainability in building urban projects. The optimal means to accomplish this is to use performance zoning, a method encouraging creative solutions to problems caused by increasing development densities. Performance zoning consists of a series of standards addressing specific sub-optimal neighborhood or community impacts of commercial development; these standards can be negative or positive expressions of municipal goals for sustainability and environmental justice. Pivoting to performance zoning is desirable because the development community has a firmer …
A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census,
2015
Barry University Dwayne O. Andreas School of Law
A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census, Khaled A. Beydoun
Michigan Law Review First Impressions
“Arab Americans are white?” This question—commonly posed as a demonstration of shock or surprise—highlights the dissonance between how “Arab” and “white” are discursively imagined and understood in the United States today. These four words also encapsulate the dilemma that currently riddles Arab Americans. The population finds itself interlocked between formal classification as white, and de facto recognition as nonwhite. The Office of Management and Budget (OMB), the government agency that oversees the definition, categorization, and construction of racial categories, currently counts people from the Middle East and North Africa (MENA) as white. The United States Census Bureau (Census Bureau), the …
La Garantía De La Audiencia Previa En El Procedimiento Administrativo,
2015
Universidad Nacional Mayor de San Marcos
La Garantía De La Audiencia Previa En El Procedimiento Administrativo, Jancarlos Jair Vega Lugo
Jancarlos Jair Vega Lugo
No abstract provided.
“El Principio De Causalidad Del Procedimiento Administrativo Sancionador Frente A Actos De Reorganización Societaria”,
2015
Universidad Nacional Mayor de San Marcos
“El Principio De Causalidad Del Procedimiento Administrativo Sancionador Frente A Actos De Reorganización Societaria”, Jancarlos Jair Vega Lugo
Jancarlos Jair Vega Lugo
El autor precisa la aplicación del principio de causalidad en los procedimientos administrativos sancionadores en los que la persona jurídica infractora realiza actos de reorganización societaria. Sostiene que en cualquier escenario corresponde iniciar o continuar con la imputación de responsabilidad de una persona jurídica resultante de una transformación societaria, pero que en los casos de fusión y escisión corresponderá determinar la forma en la que se ha ejecutado la operación, para luego identificar contra quién ha de dirigirse en lo que será el inicio o la continuación de un procedimiento.
Desmantelando La “Criollada” Del Mercado Peruano… La Represión De Los Actos De Competencia Desleal Por Violación De Normas En El Perú,
2015
Pontificia Universidad Católica del Perú
Desmantelando La “Criollada” Del Mercado Peruano… La Represión De Los Actos De Competencia Desleal Por Violación De Normas En El Perú, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
A Program In Legislation,
2015
Moritz College of Law, The Ohio State University
A Program In Legislation, Dakota S. Rudesill, Daniel P. Tokaji, Christopher J. Walker
Christopher J. Walker
This Essay urges that Legislation be conceived of not just as a single course, but as a set of curricular and extracurricular offerings that collectively constitute an integrated program of instruction. The three of us teach at The Ohio State University’s Moritz College of Law, which may serve as a model of such a program. Since 1995, Moritz has required Legislation as a part of the first-year curriculum. We also have a variety of upper-level offerings and extracurricular activities that help students develop a practical understanding of the legislative process. This Essay makes the case for an integrated program of …
Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal,
2015
Columbia Law School
Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip Hamburger
Notre Dame Law Review
Exclusion from the political process is a central question in American law. Thus far, however, it has not been recognized how religious Americans are excluded from the political process and what this means for religious equality. Put simply, both administrative lawmaking and § 501(c)(3) of the Internal Revenue Code substantially exclude religious Americans from the political process that produces laws. As a result, apparently equal laws are apt, in reality, to be unequal for religious Americans. Political exclusion threatens religious equality. The primary practical conclusion concerns administrative law. It will be seen that this sort of “law” is made through …
El Derecho De Propiedad Dentro Del Propio Estado,
2015
Universidad Nacional Mayor de San Marcos
El Derecho De Propiedad Dentro Del Propio Estado, Jancarlos Jair Vega Lugo
Jancarlos Jair Vega Lugo
No abstract provided.
Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria,
2015
Università di Parma
Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo
Valentina Gastaldo
L’edilizia convenzionata rappresenta una forma particolare, ma molto comune di edilizia pubblica. L’acuirsi della crisi economica e finanziaria, che negli ultimi anni ha colpito il nostro Paese, ha inevitabilmente dato origine ad innumerevoli problemi durante la fase di realizzazione degli impegni assunti in sede di convenzione. Il saggio si pone l’obiettivo di esaminare l’ipotesi di fallimento della cooperativa concessionaria ed, in particolare, se la sentenza di fallimento comporti l’automatica decadenza della convezione stipulata con l’Amministrazione Comunale. Un ulteriore quesito riguarda, poi, le sorti della convenzione in caso di risoluzione del contratto di locazione stipulato tra la cooperativa fallita ed il …
Nontaxable Transfers; Interest-Free Loans; Crown V. Commissioner,
2015
The University of Akron
Nontaxable Transfers; Interest-Free Loans; Crown V. Commissioner, Linda Haught Robb
Akron Law Review
"INTEREST-FREE FAMILY LOANS remain outside the purview of the federal estate and gift tax statutes despite the recent efforts of the Internal Revenue Service to convince the judiciary that, in such loans, the fair market value of the foregone interest is a gift. This is an extrapolation of the Service's efforts to find income to the recipient in other interest-free money situations. In light of the Service's limited activity in dealing with tax consequences of the interest-free loans, the Seventh Circuit's decision in Crown v. Commissioner' will be an important reference for estate and tax planning. Doubtlessly, the Service will …
First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato,
2015
The University of Akron
First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato, Sheryl S. Kantz
Akron Law Review
"The decision of Metpath, Inc. v. Imperato is indicative of the growing trend of the judiciary toward affording "commercial speech" the protective shield of the first amendment. As shown by Metpath, where the concern is advertising by a medical clinic, speech with commercial overtones is afforded protection where a public interest in the subject and content of the speech is demonstrated. However, the perimeters of such protection have not been defined by this or previous decisions."
