Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of San Diego (32)
- Case Western Reserve University School of Law (10)
- Florida State University College of Law (9)
- Maurer School of Law: Indiana University (7)
- William & Mary Law School (6)
-
- University of Michigan Law School (4)
- Georgetown University Law Center (3)
- Selected Works (3)
- University of Montana (3)
- Vanderbilt University Law School (3)
- Brooklyn Law School (2)
- Cornell University Law School (2)
- Duke Law (2)
- Liberty University (2)
- UC Law SF (2)
- University of Colorado Law School (2)
- University of New Hampshire (2)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Montclair State University (1)
- Notre Dame Law School (1)
- Penn State Law (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Buffalo School of Law (1)
- University of Connecticut (1)
- Keyword
-
- Ohio (10)
- State law; State administrative decision; (9)
- FCC (7)
- Administrative Law (6)
- SB1308 (6)
-
- Administrative law (5)
- Federal Communications Commission (5)
- AB794 (4)
- Administrative agencies (4)
- AB416 (3)
- AB88 (3)
- SB1306 (3)
- SB809 (3)
- AB1096 (2)
- AB12 (2)
- AB1545 (2)
- AB1677 (2)
- AB1678 (2)
- AB229 (2)
- AB248 (2)
- AB329 (2)
- AB486 (2)
- AB535 (2)
- AB540 (2)
- AB55 (2)
- AB606 (2)
- AB653 (2)
- AB850 (2)
- APA (2)
- Administrative Procedure Act (2)
- Publication
-
- California Regulatory Law Reporter (31)
- Ohio Oil & Gas Commission Decisions (10)
- Faculty Scholarship (7)
- Federal Communications Law Journal (6)
- Scholarly Publications (6)
-
- Faculty Publications (4)
- Faculty Law Review Articles (3)
- Florida State University Law Review (3)
- Michigan Law Review (3)
- William & Mary Law Review (3)
- All Faculty Scholarship (2)
- Cornell Law Faculty Publications (2)
- Publications (2)
- RISK: Health, Safety & Environment (1990-2002) (2)
- Vanderbilt Law School Faculty Publications (2)
- Articles (1)
- Articles by Maurer Faculty (1)
- Articles, Book Chapters, & Popular Press (1)
- BYU Law Review (1)
- Buffalo Environmental Law Journal (1)
- David A. Wirth (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty Articles and Papers (1)
- Faculty Publications and Presentations (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Jeffrey C. Tuomala (1)
- Journal Articles (1)
- Law Faculty Scholarly Articles (1)
- Patricia A. McCoy (1)
- Penn State International Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 113
Full-Text Articles in Law
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
Federal Communications Law Journal
Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of the …
The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister
The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister
Federal Communications Law Journal
The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
Federal Communications Law Journal
When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification requirements …
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Federal Communications Law Journal
The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master. In …
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson
Michigan Law Review
Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …
Deference And Disability Discrimination, Rebecca Hanner White
Deference And Disability Discrimination, Rebecca Hanner White
Michigan Law Review
For thirty-five years, the civil rights community has paid scant attention to administrative law principles. Those interested in advancing on-the-job equality for this country's working men and women (or in preserving employer autonomy vis-a-vis federal encroachment) have all but ignored what many consider the arcane technicalities of administrative law. This state of affairs is strange when one considers that administration and enforcement of each of our major federal laws outlawing employment discrimination have been confided to an administrative agency, the Equal Employment Opportunity Commission ("EEOC"). The EEOC, however, has historically been given short shrift by litigants and by the judiciary. …
The Exclusion Of Hiv-Positive Immigrants Under The Nicaraguan Adjustment And Central American Relief Act And The Haitian Refugee Immigration Fairness Act, Statutory Interpretation, Communicable Disease, Public Health, Legislative Intent, Shayna S. Cook
Michigan Law Review
The United States has turned away immigrants infected with the human immunodeficiency virus ("HIV") under the public health exclusion of the Immigration and Nationality Act ("INA") since the mid-1980's. Since Congress codified the HIV exclusion in 1993, any alien applying for an immigrant or nonimmigrant visa, adjustment of status to lawful permanent resident, or refugee status must first have a blood test for HIV. The HIV exclusion is not absolute, however. Each HIV-positive alien can apply for one of two waivers of the HIV exclusion that are available in the INA. When an alien applies for immigrant or permanent resident …
Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
Faculty Publications
No abstract provided.
New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams
New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams
Buffalo Environmental Law Journal
No abstract provided.
Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina
Faith, Hope, And Rationality Or Public Choice And The Perils Of Occam's Razor, Cynthia R. Farina
Cornell Law Faculty Publications
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Vanderbilt Law Review
"The availability of judicial review," wrote Louis Jaffe in 1965, "is the necessary condition, psychologically, if not logically, of a system of administrative power which purports to be legitimate, or legally valid." In so writing, Jaffe suggested that the abstract beliefs that Americans have about the way government is supposed to work define the relationship between courts and the administrative state. It does not follow, logically, from the existence of administrative agencies that their actions must be policed by courts. In- stead, our beliefs about how public policy ought to be made and about which institutions are best at protecting …
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia R. Farina, Ernest Gellhorn, John D. Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, Jonathan Baert Weiner
Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia R. Farina, Ernest Gellhorn, John D. Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, Jonathan Baert Weiner
Cornell Law Faculty Publications
As the number, cost, and complexity of federal regulations have grown over the past twenty years, there has been growing interest in the use of analytic tools such as risk assessment and cost-benefit analysis to improve the regulatory process. The application of these tools to public health, safety, and environmental problems has become commonplace in the peer-reviewed scientific and medical literatures. Recent studies prepared by Resources for the Future, the American Enterprise Institute, the Brookings Institution, and the Harvard Center for Risk Analysis have demonstrated how formal analyses can and often do help government agencies achieve more protection against hazards …
Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes
Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
The aim of this article is to describe the role of health care professionals in the capital punishment process. The relationship between the protocol of capital punishment in the United States and the use of health care professionals to carry out that task has been overlooked in the literature on punishment. Yet for some time, the operation of the medical sciences in prison have been `part of a disciplinary strategy' `intrinsic to the development of power relationships'. Many capital punishment statutes require medical personnel to be present at, if not actively involved in, executions. Through analyses of these statutes, show …
The Devil, The Details, And The Dawn Of The 21st Century Administrative State: Beyond The New Deal, Sandra B. Zellmer
The Devil, The Details, And The Dawn Of The 21st Century Administrative State: Beyond The New Deal, Sandra B. Zellmer
Faculty Law Review Articles
No abstract provided.
Rethinking Patent Law In The Administrative State, Orin S. Kerr
Rethinking Patent Law In The Administrative State, Orin S. Kerr
William & Mary Law Review
This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.
2nd Annual Open Government Summit: Department Of The Attorney General, State Of Rhode Island, Department Of The Attorney General, State Of Rhode Island
2nd Annual Open Government Summit: Department Of The Attorney General, State Of Rhode Island, Department Of The Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Standing In Environmental Citizen Suits: Laidlaw’S Clarification Of The Injury-In-Fact And Redressability Requirements, Michael P. Healy
Law Faculty Scholarly Articles
In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing in environmental citizen suits. Specifically, the Court rejected the narrow view of environmental injury-in-fact advocated by Justice Scalia and instead adhered to the broader view of injury-in-fact established in a nonenvironmental context by the Court's decision in Federal Elections Commission v. Akins. As importantly, the Court also addressed the redressability requirement of Article III standing in Laidlaw. Here too, the Court did …
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Christians And The Military, Jeffrey C. Tuomala
Christians And The Military, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel
How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel
RISK: Health, Safety & Environment (1990-2002)
[Excerpt] "Commercial nuclear reactors in the United States have been producing electricity and highly radioactive wastes for more than forty years. Originally, reluctant utilities built reactors at the urging of Congress, acting in accordance with the Atomic Energy Act. The Act called for promotion of nuclear technology and also provided a shield of secrecy allowing for extensive power to classify information. Wiretapping and other surveillance techniques were allowable if nuclear secrets or interference with nuclear programs were involved. During this time the Atomic Energy Commission (AEC) provided films and comic books, and gave speeches in a public relations campaign designed …
Appeal No. 0676: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0676: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-129. 99-130, 2000-16 & 2000-17
Appeal No. 0677: B.T. Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0677: B.T. Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-142
Appeal No. 0675: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0675: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-129. 99-130, 2000-16 & 2000-17
Appeal No. 0678: Perto Drilling Corp., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0678: Perto Drilling Corp., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-156
Appeal No. 0686: B.T. Energy Corp. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0686: B.T. Energy Corp. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2000-43
Appeal No. 0654: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0654: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 98-48
Appeal No. 0681: Joseph T. Flaherty, Dba Pioneer Production V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0681: Joseph T. Flaherty, Dba Pioneer Production V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-82
Appeal No. 0682: Eastland Energy Group V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Appeal No. 0682: Eastland Energy Group V. Division Of Oil & Gas, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2000-14
Appeal No. 0683: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0683: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 99-129. 99-130, 2000-16 & 2000-17