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Articles 1 - 8 of 8
Full-Text Articles in Law
Environmental Integrity Project V. Mccarthy, Lindsay Ward
Environmental Integrity Project V. Mccarthy, Lindsay Ward
Public Land & Resources Law Review
In addition to stocking grocery stores and restaurants with beef, chicken and milk, CAFOs generate another product—manure. The EPA’s decision to withdraw a proposed rule compelling CAFOs to provide information to aid the agency in regulating their discharge of pollutants into the waters of the United States was upheld by the United States District Court for the District of Columbia. The court concluded that the EPA’s decision was “adequately explained” and “coherent,” supported by the administrative record, and did not conflict with existing law.
Big Lagoon Rancheria V. State Of California, Wesley J. Furlong
Big Lagoon Rancheria V. State Of California, Wesley J. Furlong
Public Land & Resources Law Review
The Ninth Circuit’s en banc opinion in Big Lagoon Rancheria v. California is, thus far, perhaps the most important Indian law decision in 2015. Rejecting its three-judge panel’s opinion, the Ninth Circuit, en banc, affirmed the importance of defending tribal sovereignty against invidious state actions. The court denounced California’s use of Carcieri to de-recognize the Big Lagoon Rancheria and rescind the trust status of its land, characterizing it as “a belated collateral attack” on the Tribe and an “end-run” around the APA.
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
Fordham International Law Journal
This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part …
Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs
Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs
Indiana Law Journal
This Article employs William Eskridge and John Ferejohn’s theory of superstatutes as a tool to argue that administrative common law that contradicts or ignores the Administrative Procedure Act (APA) is illegitimate. Eskridge and Ferejohn conceive of statutes that emerge from a lengthy, public debate and take on great normative weight over time as “superstatutes.” Superstatute theory highlights the deficiency in deliberation about the meaning of the APA. The APA bears all the hallmarks of a superstatute. Unlike the typical federal superstatute, however, the APA is not administered by a single agency. Thus, to respect and encourage the civic-republican style of …
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Law Faculty Scholarly Articles
In last year's term, the United States Supreme Court considered the question of the scope of Chevron deference in City of Arlington v. FCC. This article discusses how the decision is an example of the work of an activist Court. The case should have been resolved by a straightforward determination under the analysis of United States v. Mead that Chevron deference simply did not apply to the Federal Communications Commission's (FCC) legal determination. The Court ignored this restrained approach to the case and instead addressed the question the Justices desired to decide: the reach of Chevron deference. The article …
The Dean Rusk Award 1984-1985: The 1984 "Country Of Origin" Regulations For Textile Imports: Illegal Administrative Action Under Domestic And International Law?, David Stepp
Georgia Journal of International & Comparative Law
No abstract provided.
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, Steve R. Johnson
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, Steve R. Johnson
Scholarly Publications
No abstract provided.
The Dsm-5: Implications For Health Law, Stacey A. Tovino
The Dsm-5: Implications For Health Law, Stacey A. Tovino
Scholarly Works
In May 2013, the American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (“DSM-5”). Among other changes, the DSM-5 includes new entries for hoarding disorder and premenstrual dysphoric disorder as well as a reclassified entry for gambling disorder. Using these changes as examples, this Article examines the implications of the DSM-5 for key issues in health law, including health insurance coverage, public and private disability benefit eligibility, and disability discrimination protection. As a descriptive matter, this Article illustrates how the addition of new disorders and the reclassification of existing disorders in the DSM-5 …