Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (851)
- University of Colorado Law School (840)
- University of Pennsylvania Carey Law School (230)
- Columbia Law School (171)
- Maurer School of Law: Indiana University (118)
-
- Georgetown University Law Center (105)
- University of Michigan Law School (105)
- Florida State University College of Law (99)
- Duke Law (98)
- American University Washington College of Law (89)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (85)
- University of New Mexico (80)
- Cornell University Law School (75)
- William & Mary Law School (68)
- Schulich School of Law, Dalhousie University (63)
- University of Georgia School of Law (58)
- University of Pittsburgh School of Law (55)
- Roger Williams University (52)
- Vanderbilt University Law School (52)
- Boston University School of Law (49)
- Washington and Lee University School of Law (47)
- University of Washington School of Law (43)
- University of Nebraska - Lincoln (40)
- Yeshiva University, Cardozo School of Law (40)
- Texas A&M University School of Law (39)
- University of Maryland Francis King Carey School of Law (38)
- New York Law School (36)
- Brooklyn Law School (34)
- The Catholic University of America, Columbus School of Law (28)
- UIdaho Law (26)
- Keyword
-
- Ohio (809)
- State law; State administrative decision; (556)
- Administrative law (465)
- State law; State administrative decision (251)
- United States (215)
-
- Regulation (198)
- Administrative Law (188)
- Colorado (168)
- Judicial review (117)
- Congress (110)
- BLM (103)
- California (103)
- Public lands (96)
- Climate change (94)
- Endangered Species Act (91)
- West (89)
- EPA (88)
- Rulemaking (88)
- Wyoming (84)
- New Mexico (82)
- Clean Water Act (81)
- Environmental Protection Agency (81)
- Chevron (77)
- National Environmental Policy Act (75)
- Water law (75)
- NEPA (74)
- Utah (72)
- Administrative agencies (71)
- Regulations (70)
- Administrative Procedure Act (69)
- Publication Year
- Publication
-
- Ohio Oil & Gas Commission Decisions (832)
- Faculty Scholarship (490)
- All Faculty Scholarship (249)
- Articles (248)
- Publications (217)
-
- Faculty Publications (119)
- Articles by Maurer Faculty (117)
- Scholarly Publications (99)
- Scholarly Works (82)
- Georgetown Law Faculty Publications and Other Works (78)
- Nevada Supreme Court Summaries (74)
- Articles in Law Reviews & Other Academic Journals (66)
- Cornell Law Faculty Publications (55)
- Vanderbilt Law School Faculty Publications (52)
- Journal Articles (47)
- Scholarly Articles (42)
- Innis Christie Collection (31)
- Supreme Court Case Files (31)
- Articles, Book Chapters, & Popular Press (28)
- Law Faculty Scholarship (28)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Law Faculty Publications (26)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Elisabeth Haub School of Law Faculty Publications (24)
- Faculty Articles and Other Publications (24)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (23)
- Law Faculty Scholarly Articles (23)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- Faculty Publications By Year (22)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (22)
- File Type
Articles 31 - 60 of 4468
Full-Text Articles in Law
Affirmatively Disclosing Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel
Affirmatively Disclosing Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel
Online Publications
Administrative agencies’ law-generating powers have long been recognized, as has the importance of making agency-generated law available to the public. In 1971, the Administrative Conference of the United States (ACUS) recommended that “agency policies which affect the public should be articulated and made known to the public to the greatest extent feasible.” Over the years, ACUS has adopted numerous recommendations to that end.
Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham
Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham
Center on Children, Families, and the Law: Faculty Publications
Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …
Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar
Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar
Journal Articles
A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, therefore, need to develop skills particular to practicing in this legal environment.
Movement On Removal: An Emerging Consensus On The First Congress, Jed Handelsman Shugerman
Movement On Removal: An Emerging Consensus On The First Congress, Jed Handelsman Shugerman
Faculty Scholarship
What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.
Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?
The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …
Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers
Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers
Amicus Briefs
Amici curiae are administrative law scholars from universities around the United States.
They are: • William D. Araiza, Professor of Law and Dean of Brooklyn Law School; • Blake Emerson, Professor of Law at UCLA School of Law; • Jeffrey Lubbers, Professor of Practice in Administrative Law at American University Washington College of Law; • Todd Phillips, Assistant Professor of Business Law at Georgia State University J. Mack Robinson College of Business; and • Beau Baumann, Doctoral candidate at Yale Law School.
Amici have a strong interest in how the Court’s decision will affect the field of administrative law and …
Why The Court Should Reexamine Administrative Law's Chenery Ii Doctrine, Gary S. Lawson, Joseph Postell
Why The Court Should Reexamine Administrative Law's Chenery Ii Doctrine, Gary S. Lawson, Joseph Postell
Faculty Scholarship
Part I of this article begins by discussing some fundamental constitutional principles that were raised, sometimes implicitly and indirectly, in the Chenery cases. Those principles point to limits on administrative adjudication that go well beyond those recognized in current doctrine. We do not here seek to push those principles as far as they can go, though we offer no resistance to anyone who wants to trod that path. Instead, we identify and raise those principles to help understand the scope and limits of actual doctrine. Our modest claims here are that constitutional concerns about at least some classes of agency …
Ways To Participate In Ongoing Regulation Around Artificial Intelligence Ethics In The United States, Wilhelmina Randtke
Ways To Participate In Ongoing Regulation Around Artificial Intelligence Ethics In The United States, Wilhelmina Randtke
Library Faculty Presentations
In January 2021, the US passed the National Artificial Intelligence Initiative Act of 2020. The goal is a cohesive federal AI initiative, and part of that is safety, ethics, and transparency. The act includes funding appropriations for 2021-2025, and roll out takes place over that time. In implementing this law, there is recent and ongoing activity to regulate AI in the US. Regular calls for public participation go out to the public on www.federalregister.gov in the form of open ended questions on which input is requested, and feedback on reports or action plans.
The linked data community is uniquely positioned …
Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker, Scott Macguidwin
Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker, Scott Macguidwin
Law & Economics Working Papers
The modern administrative state has changed substantially since Congress enacted the Administrative Procedure Act (APA) in 1946. Yet Congress has done little to modernize the APA in those intervening seventy-seven years. That does not mean the APA has remained unchanged. Federal courts have substantially refashioned the APA’s requirements for administrative procedure and judicial review of agency action. Perhaps unsurprisingly, calls to return to either the statutory text or the original meaning (or both) have intensified in recent years. “APA originalism” projects abound.
As part of the Notre Dame Law Review’s Symposium on the History of the Ad- ministrative Procedure Act …
Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Margulies
Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Administrative Regulation Of Programmatic Policing: Why "Leaders Of A Beautiful Struggle" Is Both Right And Wrong, Christopher Slobogin
Administrative Regulation Of Programmatic Policing: Why "Leaders Of A Beautiful Struggle" Is Both Right And Wrong, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In Leaders of a Beautiful Struggle v. Baltimore Police Department, the Fourth Circuit Court of Appeals held that Aerial Investigation Research (AIR), Baltimore's aerial surveillance program, violated the Fourth Amendment because it was not authorized by a warrant. AIR was constitutionaly problematic, but not for the reason given by the Fourth Circuit. AIR, like many other technologically-enhanced policing programs that rely on closed-circuit television (CCTV), automated license plate readers and the like, involves the collection and retention of information about huge numbers ofpeople. Because individualized suspicion does not exist with respect to any of these people's information, an individual-specific warrant …
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Reports and Resources
No abstract provided.
Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)
Memorandum On Reopening The Dodd-Frank Act Section 956 Incentive Compensation Rule, Michael E. Herz, Ronald Levin, Nina A. Mendelson, Peter M. Shane, Peter L. Strauss
Memorandum On Reopening The Dodd-Frank Act Section 956 Incentive Compensation Rule, Michael E. Herz, Ronald Levin, Nina A. Mendelson, Peter M. Shane, Peter L. Strauss
Online Publications
Professor Michael Herz, along with four other administrative law professors, sent a letter to six agencies about legal options regarding a long-delayed rule aimed at executive compensation.
Disclosure Of Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel
Disclosure Of Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel
Online Publications
This proposed recommendation identifies statutory reforms that, if enacted by Congress, would provide clear standards as to what legal materials agencies must publish and where they must publish them (whether in the Federal Register, on their websites, or elsewhere). The amendments would also account for technological developments and correct certain statutory ambiguities and drafting errors. The objective of these amendments would be to ensure that agencies provide ready public access to important legal materials in the most efficient way possible.
Professor Bernard W. Bell (Rutgers Law School), Professor Cary Coglianese (University of Pennsylvania Law School), Professor Michael Eric Herz (Benjamin …
Connecticut’S Crumbling Foundations: Legal Remedies And Legislative Responses, Jacqueline T. Bashaw
Connecticut’S Crumbling Foundations: Legal Remedies And Legislative Responses, Jacqueline T. Bashaw
Connecticut Law Review
Latent harms pose unique challenges for the legal system. Such issues are often referred to as long-tail issues, wherein the actual harmful chain of events is set in motion years before it is discovered and wreaks havoc. Asbestos is one example. Pyrrhotite is another.
A seemingly innocuous mineral, pyrrhotite has infiltrated Connecticut homes. Somewhere between 3,000 to 35,000 concrete foundations were poured in the state from 1983 to 2016, with varying amounts of pyrrhotite trapped within. These foundations have begun to deteriorate, costing homeowners thousands of dollars as their investments quite literally crumble beneath their feet. While the problem was …
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Reports and Resources
No abstract provided.
Aclp - Updated Estimates Of State Bead Allocations - As Of June 2023, New York Law School
Aclp - Updated Estimates Of State Bead Allocations - As Of June 2023, New York Law School
Reports and Resources
No abstract provided.
To Meet Or Not To Meet, That Is The Question: An Analysis Of The Meeting Requirement Of The Arkansas Freedom Of Information Act, Jerry L. Canfield
To Meet Or Not To Meet, That Is The Question: An Analysis Of The Meeting Requirement Of The Arkansas Freedom Of Information Act, Jerry L. Canfield
Arkansas Law Notes
The Arkansas Freedom of Information Act (“FOIA”) of 1967 provides open public access to “all meetings, formal and informal, special or regular, of the governing bodies of all municipalities, counties, townships, and school districts and all boards, bureaus, commissions, or organizations of the State of Arkansas.” Through the years, FOIA’s open meetings provision has been amended as to executive sessions, to provide for recording of meetings, and to provide for meetings via electronic means in the event of a declared disaster emergency. However, the basic requirement that meetings of governing bodies be open to the public has remained unchanged since …
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School
Aclp - Comments To Ntia Re Digital Equity Act Grants Programs - May 2023, New York Law School
Reports and Resources
No abstract provided.
Grid Governance In The Energy-Trilemma Era: Remedying The Democracy Deficit, Daniel E. Walters, Andrew N. Kleit
Grid Governance In The Energy-Trilemma Era: Remedying The Democracy Deficit, Daniel E. Walters, Andrew N. Kleit
Faculty Scholarship
Transforming the electric power grid is central to any viable scenario for addressing global climate change, but the process and politics of this transformation are complex. The desire to transform the grid creates an “energy trilemma” involving often conflicting desires for reliability, cost, and decarbonization; and, at least in the short run, it is difficult to avoid making tradeoffs between these different goals. It is somewhat shocking, then, that many crucial decisions about electric power service in the United States are made not by consumers or their utilities, nor by state public utilities commissions or federal regulators. Instead, for much …
Standards And The Law, Cary Coglianese
Standards And The Law, Cary Coglianese
All Faculty Scholarship
The world of standards and the world of laws are often seen as separate, but they are more closely intertwined than many professionals working with laws or standards realize. Although standards are typically considered to be voluntary and non-binding, they can intersect with and affect the law in numerous ways. They can serve as benchmarks for determine liability in tort or contract. They can facilitate domestic and international transactions. They can prompt negotiations over the licensing of patents. They can govern the development of forensic evidence admissible in criminal courts. And standards can even become binding law themselves when they …
Harm Egalitarianism, Michael E. Herz
Harm Egalitarianism, Michael E. Herz
Articles
In the last few years, law schools and law professors have given new attention to how questions of race can be interwoven into courses that are not explicitly about race. Much has been written about how to do so in both first-year and upper-level courses, and, from all reports, the law school classroom has meaningfully changed. My sense, though it is completely impressionistic and unscientific, is that the typical Administrative Law course may have changed less than many others. It seems fair to say, at least, that there has not developed a standard suite of topics that a professor wanting …
Trust, Trustworthiness, And Misinformation Shared By The Government, Nicholson Price Ii
Trust, Trustworthiness, And Misinformation Shared By The Government, Nicholson Price Ii
Reviews
Where does trusted information come from? In a world of misinformation, where everyone is skeptical of everything, at least we can rely on expert, authoritative government agencies like the Environmental Protection Agency, the Centers for Disease Control, the Patent Office, and the Food and Drug Administration, right? Right?
Combating Climate Change And Increasing Tribal Co-Management, Monte Mills
Combating Climate Change And Increasing Tribal Co-Management, Monte Mills
Presentations
This concurrent session provided an overview of how Tribes are working to combat the ever present threat of climate change and the move toward increasing Tribal-co management of lands and waters throughout the country. The session included a discussion of the Department of the Interior’s work to implement Secretarial Order 3403 on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters.
Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez
Amicus Curiae Brief State Of Utah Et. Al. V Walsh Et. Al., Ethan Halman Gonzalez
Honors Theses
In accordance with Rule 29 of the Federal Rules of Appellate Procedure, this amicus curiae is submitted in the defense of Walsh and the Department of Labor in releasing the prudence and loyalty in selecting plan investments and exercising shareholder rights rule in November of 2022. These brief mainly focuses on the arbitrary and capricious standard, the major questions doctrine, and the legal standing the Department of Labor has to issue rules that apply to the Employee Retirement Income Security Act of 1974.