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2005

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Articles 1 - 30 of 195

Full-Text Articles in Law

Extending Predation Analysis To Monopolist's Bundled Discounts Under Section 2: An Economic, Legal, And Comparative Perspective, Seth B. Chertok Dec 2005

Extending Predation Analysis To Monopolist's Bundled Discounts Under Section 2: An Economic, Legal, And Comparative Perspective, Seth B. Chertok

ExpressO

In LePage’s v. 3M, the Third Circuit decided the first case at the federal appellate court level that dealt with the subject of bundled discounts by a monopolist under Section 2 of the Sherman Act in the period following the U.S. Supreme Court’s decision in Brooke Group Ltd. v. Brown & Williamson Tobacco Corporation. Prior to the decision in Brooke Group, the Third Circuit had only once before addressed this topic in Smithkline Corp. v. Eli Lilly and Company. Smithkline is only significant because it nearly suggested that any bundled discount, regardless of whether above or below cost, was anti-competitive. …


Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler Dec 2005

Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler

All Faculty Scholarship

“QALYs” (Quality-Adjusted Life Years) are a metric for health and longevity very widely employed by health researchers. Surveys are used to assign health states a quality ranking on zero-one scale, with zero representing a health state no better than death and one perfect health. The total QALY value of a health profile is calculated as the time spent in its component health states, each weighted by its quality. Until a few years ago, despite the huge academic literature on QALY measurement, this approach was seldom used by policymakers in the U.S. But there have been recent signs of governmental interest …


Appeal No. 0751: Century Well Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2005

Appeal No. 0751: Century Well Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order2005-41


Appeal No. 0752: Randy D. Brown V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Dec 2005

Appeal No. 0752: Randy D. Brown V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2005-47


Administrative Law, Martin M. Wilson, Jennifer A. Blackburn Dec 2005

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

Agency decision makers continue to shape just about every facet of l.fe as we know it. This Article discusses the peculiar procedures for obtaining final agency decisions and the review of those decisions. The survey period for this Article is from June 1, 2004 through May 31, 2005. Only cases from the Georgia Supreme Court and Georgia Court of Appeals have been reviewed, and there has been no attempt to usurp the prerogative of other authors for this issue. Thus, although the subject matters may overlap, such areas as local government law, workers' compensation law, insurance law, and others are …


Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons Nov 2005

Note: The Lesson Of Lopez: The Political Dynamics Of Federalism's Political Safeguards, Daniel Lyons

Daniel Lyons

No abstract provided.


Nepa: Lessons Learned And Next Steps: Hearing Before The Task Force On Updating The National Environmental Policy Act Of The H. Comm. On Resources, 109th Cong., Nov. 17, 2005 (Statement Of Professor Robert G. Dreher, Geo. U. L. Center), Robert G. Dreher Nov 2005

Nepa: Lessons Learned And Next Steps: Hearing Before The Task Force On Updating The National Environmental Policy Act Of The H. Comm. On Resources, 109th Cong., Nov. 17, 2005 (Statement Of Professor Robert G. Dreher, Geo. U. L. Center), Robert G. Dreher

Testimony Before Congress

No abstract provided.


D.C. Circuit: Nationwide Permits Are "Final Action", Jonathan Lew Nov 2005

D.C. Circuit: Nationwide Permits Are "Final Action", Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


Checks And Balances On The Fifth Branch Of Government: Colorado Environmental Coalition V. Wenker And The Justiciability Of The Federal Advisory Committee Act, Joshua W. Abbott Nov 2005

Checks And Balances On The Fifth Branch Of Government: Colorado Environmental Coalition V. Wenker And The Justiciability Of The Federal Advisory Committee Act, Joshua W. Abbott

BYU Law Review

No abstract provided.


Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston Nov 2005

Tradable Pollution Permits And The Regulatory Game, Jason S. Johnston

All Faculty Scholarship

This paper analyzes polluters' incentives to move from a traditional command and control (CAC) environmental regulatory regime to a tradable permits (TPP) regime. Existing work in environmental economics does not model how firms contest and bargain over actual regulatory implementation in CAC regimes, and therefore fail to compare TPP regimes with any CAC regime that is actually observed. This paper models CAC environmental regulation as a bargaining game over pollution entitlements. Using a reduced form model of the regulatory contest, it shows that CAC regulatory bargaining likely generates a regulatory status quo under which firms with the highest compliance costs …


Why Judicial Review Fails: Organizations, Politics, And The Problem Of Auditing Executive Discretion, Mariano-Florentino Cuellar Oct 2005

Why Judicial Review Fails: Organizations, Politics, And The Problem Of Auditing Executive Discretion, Mariano-Florentino Cuellar

ExpressO

Every day executive branch officials make thousands of decisions affecting our security and welfare. Homeland security officials screen tens of thousands of people at the border. They decide whose name gets on government “no fly lists.” Agencies freeze suspected terrorist assets, choose what companies to inspect for environmental violations, and decide whom to prosecute. This article describes how judicial review predictably and systematically fails to prevent abuse and promote organizational learning when government officials make many such choices using their discretion to target individuals or groups. It then proposes the use of quasi-judicial audits of executive discretion as a remedy. …


Through The Looking Glass: Judicial Deference To Academic Decision Makers, The Conflict In Higher Education Between Fundamental Program Requirements And Reasonable Accommodations Under Section 504 Of The Rehabilitation Act And The Americans With Disabilities Act., Douglas Rush Sep 2005

Through The Looking Glass: Judicial Deference To Academic Decision Makers, The Conflict In Higher Education Between Fundamental Program Requirements And Reasonable Accommodations Under Section 504 Of The Rehabilitation Act And The Americans With Disabilities Act., Douglas Rush

ExpressO

No abstract provided.


Summary Of Nev. Serv. Employees Union V. Orr, 121 Nev. Adv. Op. 68, Patty L. Roberts Sep 2005

Summary Of Nev. Serv. Employees Union V. Orr, 121 Nev. Adv. Op. 68, Patty L. Roberts

Nevada Supreme Court Summaries

This case is an appeal and cross-appeal from a judgment of the Eighth Judicial District Court, Clark County, granting in part and denying in part petitions for judicial review of an administrative decision by the Employee-Management Relations Board.


Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala Sep 2005

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala Sep 2005

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Summary Of Amazon.Com V. Dee Dee Magee, 121 Nev. Adv. Op. 63, Debra L. Pieruschka Sep 2005

Summary Of Amazon.Com V. Dee Dee Magee, 121 Nev. Adv. Op. 63, Debra L. Pieruschka

Nevada Supreme Court Summaries

No abstract provided.


Appeal No. 0746: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0746: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Appeal No. 0747: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0747: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Appeal No. 0748: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0748: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Appeal No. 0743: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0743: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)


Appeal No. 0745: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0745: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10


Appeal No. 0749: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Sep 2005

Appeal No. 0749: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)


Summary Of Mineral County V. State, Bd. Equalization, 121 Nev. Adv. Op. 55, Patrick Murch Sep 2005

Summary Of Mineral County V. State, Bd. Equalization, 121 Nev. Adv. Op. 55, Patrick Murch

Nevada Supreme Court Summaries

Defendant/Appellant Mineral County ("County") appealed from the district court's dismissal of its petitions for review of decisions issued by the Nevada State Board of Equalization ("State Board") under the Nevada Administrative Procedure Act ("APA"), Nevada Revised Statutes ("NRS") Chapter 233B.


The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005: The Solution To Inherent Inequalities Exists Outside The Box Of Congress' "Sense" Of Personal Finance Education, Lisa M. Wiltshire Sep 2005

The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005: The Solution To Inherent Inequalities Exists Outside The Box Of Congress' "Sense" Of Personal Finance Education, Lisa M. Wiltshire

ExpressO

This Note analzyes the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 in relation to discrepancies between minority and white bankruptcy petition filers.


Separation Of Powers And The Criminal Law, Rachel E. Barkow Sep 2005

Separation Of Powers And The Criminal Law, Rachel E. Barkow

ExpressO

Scholars have written volumes about the separation of powers, but they have focused on the administrative state and have wholly ignored the criminal state. Judges, too, have failed to distinguish criminal from administrative matters. So, the conventional wisdom has been that whatever theory works for the administrative state should work for anything else, including crime. And because most scholars and judges have supported a flexible or functional approach to separation of powers in the regulatory sphere, they have failed to see a problem with the functional approach when it comes to criminal matters. Indeed, the Supreme Court has been even …


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn Sep 2005

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.


Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner Sep 2005

Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner

West Virginia Law Review

No abstract provided.


Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans Aug 2005

Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans

Endangered Species Act Congressional Field Tour (August 17-19)

5 pages (includes illustration).

Contains references.