Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Law
Texas: A Weak Governor State, Or Is It?, Ron Beal
Texas: A Weak Governor State, Or Is It?, Ron Beal
St. Mary's Law Journal
The current Texas Constitution was adopted in 1876 and was written after the Civil War and the Reconstruction Period when Federal troops occupied the State. The general perception is that the Federal troops used the Governor, in essence, to impose a form of dictatorship over the people. It was clearly the intent of the new constitution’s framers to create a very weak governor form of government in order to spread its powers to many independently elected officials. It provided that the state officers who were appointed by the Governor and approved by the Senate were semi-independent from the Governor by …
Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster
Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster
Public Land & Resources Law Review
Environmental activist and indigenous rights groups have challenged the validity of the Keystone XL Pipeline since its initial approval in 2010. In April 2020, less than a month after crews broke ground, the opposing groups notched a major win when the United States District Court for the District of Montana revoked a key permit for the project on the grounds that the United States Army Corps of Engineers had inadequately assessed the pipeline’s impact on endangered species.
Default License Revocation In California Administrative Law, Jacob Reinhardt
Default License Revocation In California Administrative Law, Jacob Reinhardt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Journal of Intellectual Property Law
This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.
To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised periodically by …
The Role Of Deference In Judicial Review Of Agency Action: A Comparison Of Federal Law, Uniform State Acts, And The Iowa Apa, Anuradha Vaitheswaran, Thomas A. Mayes
The Role Of Deference In Judicial Review Of Agency Action: A Comparison Of Federal Law, Uniform State Acts, And The Iowa Apa, Anuradha Vaitheswaran, Thomas A. Mayes
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle
The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle
Golden Gate University Environmental Law Journal
In this Article, I will first provide some background for the issues treated in the decision, beginning with the NFMA’s and NEPA’s statutory and regulatory requirements and how they were interpreted in the two Ninth Circuit cases that lead to the McNair decision, Lands Council v. Powell and Ecology Center v. Austin. I will then outline the history of the Lands Council v. McNair litigation, and from there discuss the Ninth Circuit’s en banc decision. Placing the decision in the context of the circuit’s NFMA and NEPA jurisprudence, I argue that the decision’s holdings, on their own, do not constitute …
A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell
A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell
Florida State University Law Review
No abstract provided.