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Articles 1 - 30 of 357
Full-Text Articles in Law
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini
Indonesia Law Review
Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …
Diskresi Kepolisian Dalam Penanganan Konflik Sosial : Kedudukan Peraturan Internal Kepolisian Dalam Penanganan Konflik Di Dalam Peraturan Perundangundangan, Eva Zulfa, Sri B. Praptadina
Diskresi Kepolisian Dalam Penanganan Konflik Sosial : Kedudukan Peraturan Internal Kepolisian Dalam Penanganan Konflik Di Dalam Peraturan Perundangundangan, Eva Zulfa, Sri B. Praptadina
Jurnal Hukum & Pembangunan
The use of discretion as a means of handling and settlement of a dispute society, let alone carried out by law enforcement is essentially a matter of policy as authorized by law to officials. How discretion possessed by the police in handling conflicts in society. In reality discretion in many forms. One is through edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the prohibition of carrying weapons and other dangerous objects. Regional Leadership kemuadian issued edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the …
The Challenge Of Regulatory Excellence, Cary Coglianese
The Challenge Of Regulatory Excellence, Cary Coglianese
All Faculty Scholarship
Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence of the sharing economy, and the potential hazards of synthetic biology and other innovations. Faced with these challenges, regulators need a lodestar for what constitutes high-quality regulation and guidance on how to improve their organizations’ performance. In the book Achieving Regulatory Excellence, leading regulatory experts …
Default License Revocation In California Administrative Law, Jacob Reinhardt
Default License Revocation In California Administrative Law, Jacob Reinhardt
Golden Gate University Law Review
This article will examine default license revocation in California and the extremely difficult process for overturning such a determination. In Part I, the article will provide background information regarding the principles of notice and default. Part II will continue with a chronological examination of the administrative set aside process, noting recommendations for improvements that can be made at each stage. Part II will be divided into three sections: A) the timelines and service procedures used in license disciplinary actions; B) how administrative set aside requests are decided at the agency level; and C) judicial review of the agency’s decision. Finally, …
The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii
The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii
Journal of Legislation
No abstract provided.
Artificial Intelligence And The Administrative State, Mariano-Florentino Cuellar
Artificial Intelligence And The Administrative State, Mariano-Florentino Cuellar
The Regulatory Review in Depth
No abstract provided.
Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks
Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks
Sea Grant Law Fellow Publications
No abstract provided.
Considerations For Co-Location Of Aquaculture And Ocean Energy Facilities, Clare M. Harmon
Considerations For Co-Location Of Aquaculture And Ocean Energy Facilities, Clare M. Harmon
Sea Grant Law Fellow Publications
No abstract provided.
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without any substantial …
Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul
Case Note: Jacobs V Save Beeliar Wetlands (Inc), Phillip Paul
The University of Notre Dame Australia Law Review
No abstract provided.
Fair Or Foul?: Sec Administrative Proceedings And Prospects For Reform Through Removal Legislation, Joseph A. Grundfest
Fair Or Foul?: Sec Administrative Proceedings And Prospects For Reform Through Removal Legislation, Joseph A. Grundfest
Fordham Law Review
This Article catalogues the long list of criticisms of the Commission’s administrative proceedings. It also evaluates data describing the outcome of litigated matters and finds that, with the exception of insider trading cases, the Commission has an exceptionally high and statistically indistinguishable record of success in administrative and federal court proceedings alike. The data thus seem not to support the view that the Commission has a generalized home-court advantage in administrative proceedings. Nonetheless, the Commission’s virtually unfettered discretion in forum selection decisions, when it can assign cases to a forum that it controls, raises a plethora of institutional design concerns.
Now Is The Time!: Challenging Resegregation And Displacement In The Age Of Hypergentrification, Bethany Y. Li
Now Is The Time!: Challenging Resegregation And Displacement In The Age Of Hypergentrification, Bethany Y. Li
Fordham Law Review
Gentrification is reaching a tipping point of resegregating urban space in global cities like New York and San Francisco, often spurred by seemingly neutral government policies. The displacement resulting from gentrification forces low-income people from their homes into areas of concentrated poverty. Low-income communities consequently lose space, place, social capital, and cultural wealth that residents and small businesses have spent decades building up. This Article argues that communities at this tipping point must integrate litigation strategies directly aimed at stemming the adverse impacts of gentrification. Community organizing is integral to antidisplacement efforts, but litigation—and its injunctive powers—should play a larger …
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
West Virginia Law Review
No abstract provided.
The Question Concerning Technology In Compliance, Sean J. Griffith
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella
Brooklyn Journal of Corporate, Financial & Commercial Law
In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured for …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively
Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively
Master of Public Administration Practicums
In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC or Commission) appears to be on the verge of requiring investment advisers to undergo third party examinations. One justification for the rulemaking is that the Commission lacks sufficient resources to examine advisers frequently enough. Another is to create indirectly a self-regulatory organization (SRO) for investments advisers. Both may leave a rulemaking particularly vulnerable to challenge as arbitrary and capricious under the Administrative Procedures Act. This Article considers three novel grounds on which a rulemaking may be successfully challenged. Congress has repeatedly rejected SEC requests to provide additional funding for examinations or to create an …
Administrative Law, Jennifer B. Alewine, Courtney E. Ferrell, Erin G. Watstein
Administrative Law, Jennifer B. Alewine, 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, 2015 to May 31, 2016, in which principles of administrative law were a central focus of the case.' Exhaustion of administrative remedies will be the first topic discussed, to be followed by standard of review of an agency decision, then on to statutory construction, with sovereign immunity and discretionary appeals to follow, and the article will conclude with a brief review of enactments from the 2016 regular session of the Georgia General Assembly.
Policing As Administration, Christopher Slobogin
Policing As Administration, Christopher Slobogin
Vanderbilt Law School Faculty Publications
Police agencies should be governed by the same administrative principles that govern other agencies. This simple precept would have significant implications for regulation of police work, in particular the type of suspicionless, group searches and seizures that have been the subject of the Supreme Court's special needs jurisprudence (practices that this Article calls "panvasive"). Under administrative law principles, when police agencies create statute-like policies that are aimed at largely innocent categories of actors-as they do when administering roadblocks, inspection regimes, drug testing programs, DNA sampling programs, and data collection-they should have to engage in notice-and-comment rulemaking or a similar democratically …
Who Controls Immigration Judges?: Towards A Multi-Institutional Model Of Administration Judge Behavior, Mark Richard Beougher
Who Controls Immigration Judges?: Towards A Multi-Institutional Model Of Administration Judge Behavior, Mark Richard Beougher
Dissertations
Numerous studies have shown dramatic variations in the rates that immigration judges grant asylum. What these studies have failed to adequately explain as of yet is why? In attempting to understand the behavior of immigration judges in asylum cases, scholars have generally taken one of two approaches, either examining immigration judge behavior through top-down bureaucratic models or with models developed through the study of the judiciary. From these studies we have learned that similarly situated asylum applicants have different chances of success based merely on the ideological leanings of the judge who decides their case. We also have learned that …
Transparent Review Of Agency Immigration Decisions, Kyler Mccarty
Transparent Review Of Agency Immigration Decisions, Kyler Mccarty
BYU Law Review
No abstract provided.
Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler
Georgia Journal of International & Comparative Law
No abstract provided.
Trouble On The Exchanges — Does The United Owe Billions To Health Insurers?, Nicholas Bagley
Trouble On The Exchanges — Does The United Owe Billions To Health Insurers?, Nicholas Bagley
Articles
Yet another bruising fight has erupted over health care reform. On September 9, 2016, the Obama administration offered to open settlement negotiations with health insurers that have sued the United States to recover billions of dollars that they claim they are owed. Congressional Republicans are incensed, believing that any settlement would illegally squander taxpayer dollars in a lastgasp effort to save the Affordable Care Act (ACA).
Appeal No. 0933: Farolino Investments, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0933: Farolino Investments, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Permit to Plug and Abandon (Kowalski Unit#1 Well; GonzOil, Inc.)
The Constitution Of Agency Statutory Interpretation, Evan J. Criddle
The Constitution Of Agency Statutory Interpretation, Evan J. Criddle
Faculty Publications
No abstract provided.
Fixing Fair Use, Michael W. Carroll
Fixing Fair Use, Michael W. Carroll
Michael W. Carroll
The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another’s copyrighted expression under certain circumstances. The doctrine’s extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another’s copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …
Independent Agencies In The United States: The Responsibilities Of Public Lawyers, Marshall J. Breger, Gary Edles
Independent Agencies In The United States: The Responsibilities Of Public Lawyers, Marshall J. Breger, Gary Edles
Gary Edles
Independent federal agencies occupy a special constitutional position in the governmental structure. Their stock-in-trade is the expert, apolitical resolution of regulatory issues. They are supposedly “independent” of the political will of the executive branch. Because most are multi-member organizations, they are also perceived as accommodating diverse views and able to prevent extreme outcomes through the compromise inherent in the process of collegial decision-making. But such a view is not universally held. A well known examination of such agencies in the 1930s described them uncharitably as a “headless ‘fourth branch’ of government, a haphazard deposit of irresponsible agencies and uncoordinated powers.” …
Arbitrariness Review Made Reasonable: Structural And Conceptual Reform Of The "Hard Look", Sidney A. Shapiro, Richard W. Murphy
Arbitrariness Review Made Reasonable: Structural And Conceptual Reform Of The "Hard Look", Sidney A. Shapiro, Richard W. Murphy
Notre Dame Law Review
As Representative John Dingell remarked in the best sentence ever said on the power of procedure over substance, “I’ll let you write the substance . . . you let me write the procedure, and I’ll screw you every time.”1 Accordingly, designing procedures for legislative rulemaking, a dominant feature of modern governance, has spawned one of the most contentious debates in all of administrative law. Compounding the stakes, over the last fifty years, the courts, with help from Congress and presidents, have relentlessly made rulemaking procedures more burdensome, impeding efforts to preserve the environment, protect workers, and forestall financial collapse, among …
Designing Administrative Justice: Draft, Lorne Sossin
Designing Administrative Justice: Draft, Lorne Sossin
All Papers
This study explores the adaptation of design thinking to administrative justice. Design thinking – or human centred design – approaches services and products from the perspective of the user. This perspective too often is missing in the design of administrative tribunals, most of which have been developed top-down to serve the needs of a particular policy interest of the Government of the day.
This paper is divided into two parts. In the first part, I review the development of design thinking in the context of legal services and legal organizations. In the second part, I explore the implications of this …