Law Commons^™

Help America Vote Act Enforcement, Tiana Butcher

Legislation and Policy Brief

Although the Help America Vote Act of 2002 (HAVA) features extensive mandates, its enforcement provisions of are weaker than those found in previous federal election reform laws, including the Voting Rights Act and the National Voter Registration Act. Activists argue this limited enforcement power is a failing of the Act. Congress may have chosen to adopt weak enforcement mechanisms due to political posturing, lack of funding, faulty technology, or lobbying by the states. Regardless of the reason behind this choice, stronger enforcement mechanisms in HAVA would, paradoxically, fail to encourage election reform or deter election reform altogether.

Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-25

Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-28

Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-27

Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-26

Administrative Law - Administrative Exhaustion Or Private Rights Of Action: Priorities In Educating Students With Disabilities, Caren Jenkins

Golden Gate University Law Review

In Dreher v. Amphitheater Unified School Dist., the Ninth Circuit held that a school district need neither provide nor bear the cost of providing certain individualized educational services to students with disabilities. A school district must furnish only those services outlined in an individualized education plan (hereinafter "IEP"), developed annually by the local educational agency, for each individual with a disability. Required to supply a free appropriate education by federal law, a school district must offer the special education and related services necessary to meet the unique needs of the individual. However, a school district has no responsibility to render …

Administrative Law - Barlow-Gresham Union High School Dist. No.2 V. Mitchell: Attorneys' Fees Awarded When Settlement Reached Prior To Due Process Hearing, Sara Vukson Winter

Golden Gate University Law Review

No abstract provided.

Administrative Law Summary, John Glenn Karris

Golden Gate University Law Review

No abstract provided.

Adminsitrative Law, Lynne Avakian

Golden Gate University Law Review

No abstract provided.

Administrative Law, Kathleen Eldridge, Herbert F. Miller

Golden Gate University Law Review

No abstract provided.

Administrative Law, Gilbert Gaynor, Susan D. Hainline

Golden Gate University Law Review

No abstract provided.

Citizen Petitioning Of Federal Administrative Agencies - Domestic Infant Formula Misuse: A Case Study, Leslye E. Orlolf

Golden Gate University Law Review

This Comment will demonstrate how to petition federal agencies, how administrative petitioning has been used to resolve women's health care problems and how it may be used to work on other women's health issues. The Petition to Alleviate Domestic Infant Formula Misuse and Provide Informed Infant Feeding Choice will serve as a case study for the petitioning process. Additionally, this Comment will explore the legal remedies petitioners have under the Administrative Procedure Act when federal agencies fail to act on a petition, as well as discuss the extent to which courts will order agencies to act responsibly.

Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley

West Virginia Law Review

Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …

Intermountain And The Growing Importance Of Administrative Law In Tax Law, Steve R. Johnson

Scholarly Publications

On September 29, 2009, Treasury issued regulations retroactively extending the six-year limitations period for income tax deficiencies resulting from basis overstatements. In its May 6 Intermountain decision, the Tax Court unanimously invalidated those regulations, but on divided rationales. The government has appealed.

lntermountain is a must-read for tax academics and practitioners. It is among the richest decisions on the procedural and substantive validity of tax regulations. Moreover, the opinions in the case, subsequent cases on the issue, .and commentary on these opinions and cases present genuine opportunity for improvement of the law.

This report has five sections. Section I sketches …

Administrative Law, Harry Michael Auerbach

Golden Gate University Law Review

No abstract provided.

Administrative Law, Hal R. Fretwell

Golden Gate University Law Review

No abstract provided.

Administrative Law, Lucy B. Robins

Golden Gate University Law Review

No abstract provided.

Appeal No. 0824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-15

The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle

Golden Gate University Environmental Law Journal

In this Article, I will first provide some background for the issues treated in the decision, beginning with the NFMA’s and NEPA’s statutory and regulatory requirements and how they were interpreted in the two Ninth Circuit cases that lead to the McNair decision, Lands Council v. Powell and Ecology Center v. Austin. I will then outline the history of the Lands Council v. McNair litigation, and from there discuss the Ninth Circuit’s en banc decision. Placing the decision in the context of the circuit’s NFMA and NEPA jurisprudence, I argue that the decision’s holdings, on their own, do not constitute …

The Next Generation Of Administrative Law: Building The Legal Infrastructure For Collaborative Governance, Lisa Blomgren Bingham

Lisa Blomgren Bingham

This Article describes the map of statutory administrative law through those cross-cutting statutes that apply generally to all federal agencies. It argues that each major statute represents a balance among five fundamental values in the relationship between the government and the governed, a balance struck by Congress in a particular historical context and moment in time. These values are accountability, efficiency, transparency, participation, and collaboration. Second, it surveys the current law and practice of both in-person and technology-aided public participation , including recent developments through the Open Government Initiative, Open Government Dialogue, and Open Government Directive. Third, it argues that …

Algunos Apuntes Sobre Las Relaciones Entre El Derecho Administrativo Economico Y El Concepto Anglosajon De La Regulacion, Ramon Huapaya Jr.

Ramon Huapaya Jr.

Se trata de una investigación en la cual se compara el paralelo de las experiencias entre el Derecho Administrativo Económico y el concepto anglosajón de la Regulación, mostrando las coincidencias de los sistemas continentales y anglosajones de intervención administrativa en la economía.

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

No abstract provided.

Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington

Nevada Supreme Court Summaries

Appeal from a district court’s finding that the City failed to properly amend the Reno Master Plan (“RMP”) and finding that the City violated former Reno Municipal Code (“RMC”) §18.06.404(d)(1)(b).

Appeal No. 0818: Clarence Tussel, Jr., Et Al. V. Division Of Oil & Gas Resources Management And Kastle Resources Enterprises, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-01

Institutional Design By Default, Michael E. Herz

Online Publications

The central concern of administrative law is how to control agency discretion. Agencies are handed enormous authority, and administrative law consists primarily – indeed, almost exclusively – of a set of doctrines designed to inform, curb, or enable other actors to oversee discretionary agency actions. Administrative law is preoccupied with establishing procedures to prevent agency abuse and designing oversight by non-agency players – the President, Congress, private stakeholders, and, most obviously, the judiciary. All the core doctrines of administrative law are generally understood as implementing basic decisions regarding institutional choice: who does what? How should power be divided up amongst …

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.

El Principio De Irretroactividad De Las Sanciones Debe Aplicarse En Forma Estricta: El Caso Del Artículo 4º De La Ley Chilecompra, Sergio Verdugo Sverdugor@Udd.Cl, José Manuel Díaz De Valdés

Sergio Verdugo R.

No abstract provided.

The Adam Walsh Act And The Failed Promise Of Administrative Federalism, Wayne A. Logan

Scholarly Publications

For advocates of federalism, these are uncertain times. With hope of meaningful judicial federalism having largely receded, and Congress persisting in its penchant for intrusions on state authority, of late several scholars have championed the capacity of executive agencies to enforce and preserve federalism interests. This paper tests this position, providing the first empirically based critical analysis of administrative federalism, focusing on the recently enacted Adam Walsh Act, intended by Congress to redesign states’ sex offender registration and community notification laws. The paper casts significant doubt on the accepted empirical assumptions of administrative federalism, adding to the limited evidence amassed …

Tax Court Invalidates New Section 6501(E) Regulations, Steve R. Johnson

Scholarly Publications

The title of an article of mine in the Fall 2009 issue of the NewsQuarterly asked “What’s Next in the Section 6501(e) Overstated Basis Controversy?” The Tax Court answered that question on May 6, 2010, in its decision Intermountain Insurance Service of Vail, LLC v. Commissioner, 134 T.C. No. 11. In that decision, the court invalidated two temporary regulations that had been issued on September 24, 2009: sections 301.6229(c)(2)-IT and 301.6501(e)-IT.

Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle

Faculty Publications

No abstract provided.