Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water,
2013
Indiana University Maurer School of Law
Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford
Indiana Law Journal
No abstract provided.
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction,
2013
Chicago-Kent College of Law
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Chicago-Kent Law Review
The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …
The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years,
2013
University of Georgia School of Law
The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley
Scholarly Works
It is a pleasure to write an essay about something I really enjoy, and it is especially pleasing not to worry about footnotes. I have been a law professor since 1977, and in August 2012, I started my 35th year of teaching. It is still fun to be in the classroom; my students energize me, teaching remains a challenge and being a productive scholar is important. I am one of those professors who likes his law school, university and professional service commitments. I am fortunate to have the best job in higher education: being a tenured law professor. My service …
Making Method Visible: Improving The Quality Of Science-Based Regulation,
2013
U.S. Environmental Protection Agency
Making Method Visible: Improving The Quality Of Science-Based Regulation, Pasky Pascual, Wendy Wagner, Elizabeth Fisher
Michigan Journal of Environmental & Administrative Law
Scientific inferences are theories about how the world works that scientists formulate based on their observations. One of the most difficult issues at the intersection of law and science is to determine whether the weight of evidence supports one scientific inference versus other competing interpretations of the observations. In administrative law, this difficulty is exacerbated by the behavior of both the courts and regulatory agencies. Agencies seldom achieve the requisite visibility that explains the analytical methods they use to reach their scientific inferences. Courts—because they appreciate neither the variety of inferential methods nor their epistemic foundations—do not demand this level …
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins,
2013
University of New Mexico School of Law
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson
Michigan Journal of Environmental & Administrative Law
The application of the Endangered Species Act to water resources has generated much controversy in the American West. In several western river basins, however, Recovery Implementation Programs (RIPs) provide an alternative, collaborative approach to ESA compliance. These programs offer an enhanced role for states and stakeholders in ESA decisionmaking, and increased certainty that ESA requirements will not disrupt ongoing water project operations and established uses. This Article examines the origins, purposes, and elements of various RIPs, with particular emphasis on these programs’ approach to compliance with the requirements of ESA section 7 for federal agency actions. The Article also considers …
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations,
2013
Case Western Reserve University School of Law
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor
David R. Kocan Professor
The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …
Appeal No. 0841: Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management,
2013
Case Western Reserve University School of Law
Appeal No. 0841: Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2011-49
The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal,
2013
Pepperdine University
The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen,
2013
Pepperdine University
Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen, Michael Boyd
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
How Detailed Of An Explanation Is Required When An Administrative Agency Changes An Existing Policy? Implications And Analysis Of Fcc V. Fox Television Stations, Inc. On Administrative Law Making And Television Broadcasters,
2013
Pepperdine University
How Detailed Of An Explanation Is Required When An Administrative Agency Changes An Existing Policy? Implications And Analysis Of Fcc V. Fox Television Stations, Inc. On Administrative Law Making And Television Broadcasters, David Lee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings,
2013
Pepperdine University
Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals,
2013
Texas A&M University School of Law
What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Ordinary Administrative Law As Constitutional Common Law ,
2013
Pepperdine University
Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
From Conflict To Conflict Resolution: Establishing Alj Driven Mediation Programs In Workers' Compensation Cases ,
2013
Pepperdine University
From Conflict To Conflict Resolution: Establishing Alj Driven Mediation Programs In Workers' Compensation Cases , Howard W. Cummins
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Naalj Membership Application And Questionnaire,
2013
Pepperdine University
Naalj Membership Application And Questionnaire, Katherine Bowles
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries,
2013
Pepperdine University
Legal Summaries, Daniel Lamb
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement,
2013
Pepperdine University
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power,
2013
Pepperdine University
Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Sanctioning Authority Of Hearing Officers In Special Education Cases,
2013
Pepperdine University
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
Journal of the National Association of Administrative Law Judiciary
Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …
Dodd-Frank’S Confict Minerals Rule: The Tin Ear Of Government-Business Regulation,
2013
Coastal Carolina University
Dodd-Frank’S Confict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein
Henry Lowenstein
This paper examines an unusual provision included in the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010), Section 1502 known as the Conflict Minerals Rule. This provision, having nothing to do with the subject matter of the act itself, attempts to place a chilling effect on the trade of four identified minerals from the Democratic Republic of Congo. The provision and its subsequent rule, surprisingly delegated to the U.S. Securities and Exchange Commission (an agency lacking subject matter expertise in minrals) presents a case and object lession of almost every cost, procedural and legal error that can take place …
