Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education,
2014
American University Washington College of Law
Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers
Jeffrey Lubbers
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?,
2014
University of Georgia School of Law
Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
The National Security Council And The Iran-Contra Affair,
2014
United States House of Representatives
The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink
Georgia Journal of International & Comparative Law
No abstract provided.
Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990),
2014
University of Georgia School of Law
Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck
Georgia Journal of International & Comparative Law
No abstract provided.
Appeal No. 0860: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management,
2014
Case Western Reserve University School of Law
Appeal No. 0860: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)
Appeal No. 0861: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management,
2014
Case Western Reserve University School of Law
Appeal No. 0861: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)
Weathering Nepa Review: Superstorms And Super Slow Urban Recovery,
2014
Georgia State University College of Law
Weathering Nepa Review: Superstorms And Super Slow Urban Recovery, John Travis Marshall
John Travis Marshall
Delays in implementing long-term neighborhood housing recovery measures following urban disasters profoundly disrupt a city's revitalization and resurgence. Following recent large-scale urban disasters, some blame the National Environmental Policy Act environmental and historical review requirement for greatly slowing the long-term recovery process. They claim that the National Environmental Policy Act review is ill suited for the exigencies of disasters. Finding effective ways to advance urban disaster recovery as quickly as possible, while not compromising key environmental quality objectives, is a central challenge to implementing effective post-disaster recovery plans. This Article addresses how best to balance necessary regulation with critical disaster …
Striking A Balance: When Should Trade-Secret Law Shield Disclosures To The Government?,
2014
University of Florida Levin College of Law
Striking A Balance: When Should Trade-Secret Law Shield Disclosures To The Government?, Elizabeth Rowe
Elizabeth A Rowe
In 2010, Toyota issued recalls on over eight million vehicles because of faulty acceleration. Assume that the National Highway Traffic Safety Administration (NHTSA) requests that Toyota allow the government access to the data in black boxes on the recalled cars. The black boxes are operated by proprietary software and can only be accessed with special codes by Toyota. Assume further that Toyota refuses to provide the Black Box data to the government, claiming that it would reveal its trade secrets. How should courts approach what I coin these refusal-to-submit cases? There is a void in the literature and the case …
Cost-Benefit Analysis, Ben Franklin, And The Supreme Court,
2014
Temple University Beasley School of Law
Cost-Benefit Analysis, Ben Franklin, And The Supreme Court, Amy Sinden
UC Irvine Law Review
No abstract provided.
Widening The Lane: An Argument For Broader Interpretation Of Permissible Uses Under The Driver's Privacy Protection Act,
2014
Notre Dame Law School
Widening The Lane: An Argument For Broader Interpretation Of Permissible Uses Under The Driver's Privacy Protection Act, Candace D. Berg
Notre Dame Law Review
This Note argues that the recent judicial interpretations of the DPPA by the Supreme Court and the Seventh Circuit have improperly limited the scope of permissible uses. The imposition of reasonableness limitations on disclosure, and the judicial analysis of disclosure to determine the exclusive predominant purpose, were novel judicial interpretations of a longstanding and established statute. Courts’ narrow interpretations of the permissible uses of the DPPA are contrary to the text of the statute and do not advance the statute’s central goals. The courts’ approaches are also likely to have significant practical effect contrary to general policy aims. Such changes …
Why We Need To Measure Regulation,
2014
George Mason University
Why We Need To Measure Regulation, Omar Al-Ubaydli, Patrick Mclaughlin
The Regulatory Review in Depth
No abstract provided.
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation,
2014
Suffolk University Law School
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
West Virginia Law Review
No abstract provided.
The Fragmented Regulation Of Investment Advice: A Call For Harmonization,
2014
St. John’s University School of Law
The Fragmented Regulation Of Investment Advice: A Call For Harmonization, Christine Lazaro, Benjamin P. Edwards
Michigan Business & Entrepreneurial Law Review
Decades of short-term thinking and regulatory fixes created the bewilderingly complex statutory and regulatory structures governing the giving of personalized investment advice to retail customers. Although deeply flawed, the current systems remain entrenched because of the difficulties inherent in making radical alterations. Importantly, the current patchwork systems do not seem to serve retail customers particularly well. Retail customers tend to make predictable and costly mistakes in allocating their assets. Some of this occurs because many investors lack basic financial literacy. A recent study released by the staff of the Securities and Exchange Commission (the “Commission”) on financial literacy among investors …
Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court,
2014
Fordham University School of Law
Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami
Fordham Law Review
When a party files suit challenging the legitimacy of an agency’s interpretation of its governing statute, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. instructs courts to defer to the agency’s interpretation where (1) the court has found that Congress had not foreclosed the agency’s interpretation, and (2) the agency’s interpretation was a reasonable or permissible exercise of its authority. However, sometimes Congress enacts statutes delegating authority over a given regulatory space to more than one agency. When two agencies have shared authority under the same regulatory scheme, those agencies may disagree regarding the interpretation of certain provisions that …
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry,
2014
Appalachian School of Law
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
West Virginia Law Review
No abstract provided.
Administrative Law,
2014
Mercer University School of Law
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell, Erin G. Watstein
Mercer Law Review
This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2013 through May 31, 2014 in which principles of administrative law were a central focus of the case. The Article begins with a discussion of cases on exhaustion of administrative remedies, followed by a series of cases discussing statutory construction. The next topic discussed will be the standard of review of an agency decision, with a review of sovereign immunity cases to follow, and the Article concludes with a brief review of enactments from the 2014 regular session of the Georgia General …
Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution,
2014
Boston College
Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons
Daniel Lyons
The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the …
Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets,
2014
Boston University School of Law
Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets, Jack M. Beermann
Shorter Faculty Works
When I saw the title of Robert Ahdieh’s recent article, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s), I thought, “oh no, not another article about CBA.” Knowing Professor Adhieh’s work, I took a flyer and read it anyway, and boy was I happy with my decision. This is a great article which should be of interest to anyone involved in administrative law, securities regulation and policy analysis more generally. Cost-benefit analysis has become an important regulatory tool, and Professor Adhieh’s article makes a valuable contribution to the literature on the special analysis required under Section 106 …
Inconstitucionalidad Del Cobro Del Impuesto Sobre La Renta De Jubilaciones, Pensiones Y Haberes De Retiro. ViolacióN A Derechos Humanos: El Caso Mexicano,
2014
Ilustre y Nacional Colegio de Abigados de México, A.C.
Inconstitucionalidad Del Cobro Del Impuesto Sobre La Renta De Jubilaciones, Pensiones Y Haberes De Retiro. ViolacióN A Derechos Humanos: El Caso Mexicano, Guillermo Castorena
Guillermo Castorena
En la primera parte del artículo se establecen los antecedentes y actos de autoridad que dieron pie a demandar el amparo. Posteriormente se entra al análisis de una serie de argumentos “que se hicieron valer en contra” de los actos de autoridad ante el Poder Judicial de la Federación. Por último se hace referencia a los Derechos Humanos que se consideraron violados, los mismos que son materia de denuncia ante la Comisión Interamericana de Derechos Humanos. The first part of the article establishes the background and acts of authority that let the victims to file the constitutional claims. Then it …
Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments,
2014
University of Florida Levin College of Law
Supreme Guidance For Wet Growth: Lessons From The High Court On The Powers And Responsibilities Of Local Governments, Michael Allan Wolf
Michael A Wolf
Before the merger of water law and land use planning can occur, local and state regulators need strong guidance from experts in the field, not only in extra-legal fields such as planning, hydrology, geology, engineering, biology, and transportation, but also in mainstream legal areas including legislation (local, state, and federal), administrative law, and enforcement. The purpose of this article is to identify a somewhat unorthodox source of guidance - the United States Supreme Court, specifically the Rehnquist Court from October, 1984, through June, 2005, a period of remarkable stability for the nation’s highest tribunal.
