Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2015

Administrative Law

Institution
Keyword
Publication

Articles 1 - 30 of 146

Full-Text Articles in Law

Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia A. Mccoy Dec 2015

Systemic Risk Oversight And The Shifting Balance Of State And Federal Authority Over Insurance, Patricia A. Mccoy

Boston College Law School Faculty Papers

The state-based model of U.S. insurance regulation has been remarkably enduring to date, in part because the traditional rationales for a greater federal role – efficiency, uniformity, and consumer protection – have not succeeded in displacing it. However, the 2008 financial crisis, the federal government’s unprecedented bailouts of parts of the insurance sector, and the need for a coordinated international approach radically shifted the debate about the proper allocation of power between the federal government and the states by supplanting traditional concerns about efficiency, uniformity, and consumer protection in insurance with a new federal mission to control systemic risk. Unprepared ...


Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown Dec 2015

Resurrecting Health Care Rate Regulation, Erin C. Fuse Brown

Faculty Publications By Year

Our excess health care spending in the United States is driven largely by our high health care prices. Our prices are so high because they are undisciplined by market forces, in a health care system rife with market failures, which include information asymmetries, noncompetitive levels of provider market concentration, moral hazard created by health insurance, multiple principal-agent relationships with misaligned incentives, and externalities from unwarranted price variation and discrimination. These health care market failures invite a regulatory solution. An array of legal and policy solutions are typically advanced to control our health care prices and spending, including: (1) market solutions ...


Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-68 (Enviro Clean Facility)


Due Process Vs. Administrative Law, Kent H. Barnett Nov 2015

Due Process Vs. Administrative Law, Kent H. Barnett

Popular Media

This article by Professor Kent Barnett was published in the Wall Street Journal on November 16, 2015. It discusses the Securities and Exchange Commission recently coming under fire for pressuring its in-house administrative-law judges to rule in its favor during agency enforcement proceedings.


Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0896: Stephen J. Svetlak, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-498 (Geitgey Donald #3 Well)


Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0893: Roger & Lana Barack, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-423 (Antero Resources Corp.; Seneca Unit)


Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2015

Appeal No. 0902: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Issuance of Injection Well Permit SWIW #11 (K & H Partners, LLC)


Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler Nov 2015

Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia J. Zettler

Faculty Publications By Year

No abstract provided.


Public Utilities Commission Reform Takes A Step Back, Deborah Nicole Behles, Steven Weissman Oct 2015

Public Utilities Commission Reform Takes A Step Back, Deborah Nicole Behles, Steven Weissman

Publications

California is taking a leadership role with its progressive energy and environmental policies by requiring that half its energy is generated from renewable resources, authorizing the largest low-income solar initiative in the country and mandating a 50 percent increase in building energy efficiency. But the primary agency overseeing many of these policies, the California Public Utilities Commission, has been plagued with allegations of impropriety. Last fall, emails between commissioners and high-level utility officials led to serious questions about the integrity and fairness of the PUC’s decision-making.


Comments On Public Lands: Title Transfer Proposals, Chuck Howe Oct 2015

Comments On Public Lands: Title Transfer Proposals, Chuck Howe

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.


A Legal Guide For University Admissions Offices: How To Stay Out Of Court, Marrissa Bryant, Christian Montgomery, Hillary Smith Oct 2015

A Legal Guide For University Admissions Offices: How To Stay Out Of Court, Marrissa Bryant, Christian Montgomery, Hillary Smith

Parameters of Law in Student Affairs and Higher Education (CNS 670)

No abstract provided.


From Fedspeak To Forward Guidance: Regulatory Dimensions Of Central Bank Communications, Robert B. Ahdieh Oct 2015

From Fedspeak To Forward Guidance: Regulatory Dimensions Of Central Bank Communications, Robert B. Ahdieh

Faculty Scholarship

In the face of the financial crisis that engulfed the globe beginning in 2007, the U.S. Federal Reserve quickly found itself without the key lever of monetary policy on which it had traditionally relied: short-term interest rate adjustments designed to move long-term rates, and thereby expected levels of lending, investment, and capital retention. By late 2008, short-term rates were already close to zero, yet unemployment remained strikingly high – with no sign of any likely renewal of bank lending or commercial investment.

Famously, the Fed embraced so-called quantitative easing – the purchase of massive volumes of public and private debt – as ...


Presidential Control Across Policymaking Tools, Catherine Y. Kim Oct 2015

Presidential Control Across Policymaking Tools, Catherine Y. Kim

Faculty Scholarship

No abstract provided.


Rent Certainty Is Not Rent Control, Tom Dunne Oct 2015

Rent Certainty Is Not Rent Control, Tom Dunne

Reports

The housing crisis and the debate about rent control should result in a beneficial change to the regulation of the sector but the opportunity could be lost for want of clarity of thinking about the nature of rent certainty and the distinction between it and rent control. At present rent is regulated by the Residential Tenancies Act 2004 (RTA 2004) which provides that rent can only change once a year and cannot be more than the market rent. Many argue a greater degree of rent certainty is required and that rent should not be allowed to increase by more than ...


Procedural Triage, Matthew J.B. Lawrence Oct 2015

Procedural Triage, Matthew J.B. Lawrence

Faculty Scholarly Works

Prior scholarship has assumed that the inherent value of a “day in court” is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a “day in court” can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words ...


Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies Oct 2015

Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey Sep 2015

Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court held that NRS § 533.395 requires a party seeking relief from the cancellation of a water permit to exhaust all available administrative remedies before seeking judicial review, even if the State Engineer is not authorized to provide the particular remedy that the party seeks. If the State Engineer is authorized by NRS § 533.395 to provide a party with a remedy, then the doctrine of futility does not apply to excuse the NRS § 533.394(4) exhaustion requirement. Therefore, the party must first show that the administrative process would afford him or her “no relief at all” before ...


Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Sep 2015

Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-544 (R.E. Gas Development, LLC; Grunder North Unit)


Tate V. State, Bd. Of Med. Exam’Rs, 131 Nev. Adv. Op. 67 (Sep. 10, 2015), Nancy Snow Sep 2015

Tate V. State, Bd. Of Med. Exam’Rs, 131 Nev. Adv. Op. 67 (Sep. 10, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order denying an injunction challenging the constitutionality of a statute prohibiting stay of Board of Medical Examiners decision. The Court revered and remanded the district court’s order because the statute prohibiting district courts from entering a stay of a decision of the Board of Medical Examiners pending judicial review violates the separation of powers doctrine as a matter of first impression.


The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake Sep 2015

The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake

Cornell Law Faculty Publications

This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA ...


Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-120; Chapman #1 Well


Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-94


Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-412


Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)


Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision (Applications to Operate Facility)


Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2015

Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-119; Shah-Shah-Patel #2 Well


17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island Jul 2015

17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler Jul 2015

Compassionate Use Of Experimental Therapies: Who Should Decide?, Patricia J. Zettler

Faculty Publications By Year

In addition to being an example of unsubstantiated hype about regenerative medicine, the controversy around the Italy-based Stamina Foundation's unproven stem cell therapy represents another chapter in a continuing debate about how to balance patients' requests for early access to experimental medicines with requirements for demonstrating safety and effectiveness. Compassionate use of the Stamina therapy arguably should not have been permitted under Italy's laws, but public pressure was intense and judges ultimately granted access. One lesson from these events is that expert regulatory agencies may be the institutions most competent to make compassionate use decisions and that policies ...


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth Jul 2015

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth

Boston College Law School Faculty Papers

This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well ...


Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled Jul 2015

Regulatory Competitive Shelters In The Area Of Personalized Medicine, Yaniv Heled

Faculty Publications By Year

No abstract provided.