Duke Law School
Mitchell Hamline School of Law
John Marshall Law School
College of William & Mary Law School
Seattle University School of Law
Northwestern Pritzker School of Law
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Crow Indian Tribe V. United States,
2018
Alexander Blewett III School of Law at the University of Montana
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide ...
Auer Deference: Doubling Down On Delegation's Defects,
2018
Boston University School of Law
Auer Deference: Doubling Down On Delegation's Defects, Ronald A. Cass
Fordham Law Review
Together with the better-known Chevron deference rule, the doctrine articulated in Auer v. Robbins two decades ago—which makes reasonable administrative constructions of ambiguous administrative rules binding on courts in most circumstances—has become a focal point for concerns about the expanding administrative state. Auer deference, even more than Chevron deference, enlarges administrative authority in ways that are at odds with basic constitutional structures and due process requirements. Objections to Auer have provided cogent reasons for why courts should not grant deference to administrative interpretations merely because an agency’s rule is unclear. The most commonly voiced objections, however, do ...
Home Rules: The Case For Local Administrative Procedure,
2018
Fordham University School of Law
Home Rules: The Case For Local Administrative Procedure, Casey Adams
Fordham Law Review
Administrative law is critical to the modern practice of governance. Administrative rules fill the gaps in statutes left open by lawmakers, allow agencies to exercise legislative grants of authority and discretion, and give agencies with subject-matter expertise and frontline experience the opportunity to promulgate detailed standards and requirements in their designated issue areas. Adjudication allows an agency to dispose of matters and disputes formally before it, whether under its rules or another source of law. While agencies at every level of government—federal, state, and local— engage in administrative action, legal scholarship on administrative law is almost exclusively focused on ...
California Sea Urchin Commission V. Bean,
2018
Alexander Blewett III School of Law at the University of Montana
California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers
Public Land & Resources Law Review
In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.
Buffalo Field Campaign V. Zinke,
2018
Alexander Blewett III School of Law at the University of Montana
Buffalo Field Campaign V. Zinke, Hallee C. Kansman
Public Land & Resources Law Review
Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.
Western Organization Of Resource Councils V. Zinke,
2018
Alexander Blewett III School of Law at the University of Montana
Western Organization Of Resource Councils V. Zinke, Daniel Brister
Public Land & Resources Law Review
Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.
Department Of Managed Health Care,
2018
University of San Diego
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2018
University of San Diego
Medical Board Of California, Kayla Watson, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2018
University of San Diego
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2018
University of San Diego
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2018
University of San Diego
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy,
2018
University of San Diego
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
2018
University of San Diego
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2018
University of San Diego
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission,
2018
University of San Diego
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2018
University of San Diego
Department Of Insurance, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2018
University of San Diego
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
In Defense Of A Little Judiciary: A Textual And Constitutional Foundation For Chevron,
2018
University of San Diego
In Defense Of A Little Judiciary: A Textual And Constitutional Foundation For Chevron, Terence J. Mccarrick Jr.
San Diego Law Review
This Article hopes to help fill that “important gap in the administrative law literature.” And it proceeds in three parts. Part II offers a brief history of the Chevron doctrine and its discontents. It traces the doctrine’s origin and scope and ends by articulating the textualist and originalist critique of Chevron described above. Part III grapples with that criticism and offers a textualist and originalist defense of Chevron. Section III.A describes the textual footing for Chevron in the APA and argues that Chevron—if not commanded by the APA—does not upset the role it envisions for courts ...
The Rise Of Fiduciary Law,
2018
Boston University School of Law
The Rise Of Fiduciary Law, Tamar Frankel
Faculty Scholarship
The law that defines and regulates fiduciary relationships appears in many legal areas, such as family law, surrogate decision-making, international law, agency law, employment law, pension law, remedies rules, banking law, financial institutions' regulation, corporate law, charities law not for profit organizations law, and the law concerning medical services.
Fiduciary relationships, and the concepts on which they are grounded, appear not only in the law. They appear in other areas of knowledge: economics, psychology; moral norms and pluralism. Fiduciary law has a very long history. It was recognized in Roman law and the British common law and appeared decades ago ...
