Law Commons^™

The Appellate Review Model Of Agency Adjudications, Linda Jellum

Articles

No abstract provided.

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Government By Contract And The Structural Constitution, Kimberly L. Wehle

All Faculty Scholarship

Although private parties have performed government functions throughout most of Western history, mainstream administrative law scholarship is dotted with concerns over the extent to which modern federal government activities are outsourced to private contractors. Federal contractors routinely exercise authority that is classically “executive” in nature. They write regulations, interpret laws, administer foreign aid, manage nuclear weapons sites and intelligence operations, interrogate detainees, control borders, design surveillance systems, and provide military support in combat zones. Administrative law places few constraints on private contractors, and prevailing constitutional principles — the state action and private delegation doctrines, in particular — are either inept …

Appeal No. 0832: Meridian Energy Company, Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-01 (Schloss-Hans Well #1)

Summary Of State, Dep’T Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66, Rami Hernandez

Nevada Supreme Court Summaries

An appeal from a district court order granting a petition for judicial review in a tax matter.

Summary Of City Of North Las Vegas V. Warburton, 127 Nev. Adv. Op. No. 62, Daniella Labounty

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a petition for judicial review in a workers’ compensation action.

Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca

Akron Law Faculty Publications

When Congress created the Federal Circuit in 1982, it thought it was creating a court of appeals. Little did it know that it was also creating a quasi-administrative agency that would engage in substantive rulemaking and set policy in a manner substantially similar to administrative agencies. In this Article, I examine the Federal Circuit's practices when it orders a case to be heard en banc and illustrate how these practices cause the Federal Circuit to look very much like an administrative agency engaging in substantive rulemaking. The number and breadth of questions the Federal Circuit agrees to hear en banc …

Cohen: Hard Case Makes (Semi) Bad Law, Steve R. Johnson

Scholarly Publications

The first Justice Harlan famously cautioned that hard cases can lead to bad law. United States v. Clark, 96 U.S. 37, 49 (1878) (dissenting opinion). This aphorism captures the reality that, when confronted with litigating equities strongly favoring one party, judges tend to massage doctrine to support judgment for that party.

When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle

Faculty Publications

No abstract provided.

Reconciling Chevron, Mead, And The Review Of Agency Discretion: Source Of Law And The Standards Of Judicial Review, Michael P. Healy

Law Faculty Scholarly Articles

Although the Supreme Court's watershed decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. has been understood by many as defining the framework for judicial review of agency legal determinations, there have been longstanding questions about the application of the standards for reviewing administrative action. These questions have become more troublesome following the Supreme Court's 2001 decision in United States v. Mead Corp. Mead established that Chevron review only applies when defined requirements are met and held that so-called Skidmore deference applies when Chevron deference does not apply. Surveying the aftermath of Mead and its effect on the …

Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt

Georgetown Law Faculty Publications and Other Works

The False Claims Act prohibits fraud by government contractors, including a contractor's false certification of compliance with the contract, statutes or regulations. In the early 1990s, some courts began holding that the act of requesting payment from the government implicitly represents such compliance for the purposes the FCA. Circuits are today split on the implied certification doctrine. This Article provides a theory of implied certification, suggests how the circuit split should be resolved and describes how contracting agencies should write contracts in light of the existing rule. There are good reasons for the implied certification rule: it is an information-forcing …

Derivatives: A Twenty-First Century Understanding, Timothy E. Lynch

Faculty Works

Derivatives are commonly defined as some variation of the following: a financial instrument whose value is derived from the performance of a secondary source such as an underlying bond, commodity or index. But this definition is both over-inclusive and under-inclusive. Thus, not surprisingly, derivatives are largely misunderstood, including by many policy makers, regulators and legal analysts. It is important for interested parties such as policy makers to understand derivatives, because the types and uses of derivatives have exploded in the last few decades, and because these financial instruments can provide both social benefits and cause social harms. This Article presents …

Summary Of City Of North Las Vegas V. State, Emrb, 127 Nev. Adv. Op. No. 57, Colin Seale

Nevada Supreme Court Summaries

An appeal of an order denying a petition for judicial review in a local government employment matter.

Appeal No. 0833: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05

Appeal No. 0834: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05

New Light On Auer/Seminole Rock Deference, Steve R. Johnson

Scholarly Publications

We have been engaged in an extended exploration of doctrines under which courts may defer to positions and interpretations by state and local tax agencies. The immediately prior installment of this column discusses such deference under state equivalents of what is known as the Auer or Seminole Rock principle, under which courts usually defer to agency interpretations of the agencies’ own ambiguous regulations.

About two weeks after the publication of that installment, the U.S. Supreme Court handed down a major new decision on the Auer principle: Talk America, Inc. v. Michigan Bell Telephone Co. Talk America bids fair to be …

13th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2011, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The announcement by the Presidential Elections Committee (PEC) of the prospective candidates who have been issued certificates of eligibility for the 2011 presidential election in Singapore makes interesting reading for what it does and does not say. The Committee’s decision-making process is also fairly opaque. It is submitted the rules governing the PEC’s task should be reviewed before the next election. At least, it is hoped future Committees will adopt as constitutional conventions the practices of granting hearings to applicants, announcing decisions well ahead of nomination day, and issuing full reasons.

Summary Of State, Tax Comm’N V. American Home Shield, 127 Nev. Adv. Op. No. 31, Chelsey Bosworth

Nevada Supreme Court Summaries

An appeal from a taxpayer refund action where the district court determined that the taxpayer was entitled to refunds from prior years and interest.

Summary Of Village League V. State, Bd. Of Equalization, 127 Nev. Adv. Op. No. 30, Christopher Scott Connell

Nevada Supreme Court Summaries

Appeal from a district court order granting a writ of mandamus for the overpayment of property taxes.

Envisioning The Regulatory State: Technocracy, Democracy, And Institutional Experimentation In The 2010 Financial Reform And Oil Spill Statutes, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Faculty Publications

No abstract provided.

Food And Drug Administration Regulation Of Food Safety, Lawrence O. Gostin, Katie F. Stewart

Georgetown Law Faculty Publications and Other Works

Food-borne illness remains a major public health challenge in the United States, causing an estimated 48 million illness episodes and 3000 deaths annually. The FDA Food Safety Modernization Act (FSMA), enacted in 2011, gives the Food and Drug Administration (FDA) new tools to regulate food safety. The act emphasizes prevention, enhanced recall authority, and oversight of imported food.

The FSMA brings the FDA’s food safety regulation in line with core tenets of public health by focusing on preventing outbreaks, rather than reacting to them, and differentiating between foods and food producers based on the degree of risk they pose. The …

Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law

9 slides

Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Eric Kuhn, Colorado River Water Conservation District

15 slides

Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Dr. Bonnie Colby, Department of Agriculture & Resource Economics, University of Arizona

34 slides

Slides: Thinking The Unthinkable, Lawrence J. Macdonnell

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Lawrence J. MacDonnell, University of Wyoming College of Law

7 slides

Slides: Long-Term Augmentation Of The Water Supply Of The Colorado River System, Les Lampe

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Les Lampe, Colorado River Water Consultants, Las Vegas, Nevada

29 slides

Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

8 pages.

"February 2011"

Presented by Drew Beckwith, Water Policy Manager, Western Resource Advocates, on June 10th at Clyde O. Martz Summer Conference 2011, Navigating the Future of the Colorado River Basin

Full report available at: http://www.westernresourceadvocates.org/gap

Slides: Water Banks: Voluntary And Flexible Water Supplies For The Colorado River's Uncertain Future, Robert Wigington

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Robert Wigington, The Nature Conservancy

7 slides