Administrative Law Commons^™

Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills

The Journal of Appellate Practice and Process

Many cases regarding veterans' benefits are heard in the Federal Circuit. The Federal Circuit has a practice of issuing one sentence orders in some cases. This practice benefits veterans by allowing decisions adverse to veterans to be made without creating precedential value. Removing the practice of unpublished opinions in the Federal Circuit would extinguish this benefit.

Interpreting Urugual Round Agreements Act Section 102(B)'S Safeguards For State Sovereignty: Reconciling Judicial Independence With The United States Trade Representative's Policy Expertise, Brandon Johnson

Michigan Journal of International Law

In this Note, I address the concerns of one aspect of this academic commentary-the claim that the WTO Agreement may cause a tectonic shift in domestic regulatory power, away from the states and toward the federal government and/or the WTO. I argue that while the concerns about the loss of national sovereignty are exaggerated, there is a very real threat to the sovereignty of the States. Congress was aware of this danger and included a variety of provisions designed specifically to protect state sovereignty from federal encroachment in the Uruguay Round Agreements Act (URAA), the federal legislation incorporating the WTO …

Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser

Publications

Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater deference …

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

Publications

In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages.

Contains footnotes.

A Laboratory For Collaboration: Where, Why And Why Not?, Ken Salazar, Felicity Hannay, Steve Sims, Ted Kowalski

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

12 pages.

A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages (includes 1 map).

Contains footnotes and 1 page of references.

Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

11 pages.

Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

18 pages.

Contains 2 pages of references.

Do Basin-Wide Adjudications Work, For Tribes Or Anyone Else?, Reid Peyton Chambers

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

3 pages.

Colorado Water Courts: Where Are They?, Jonathan W. Hays

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

16 pages.

Colorado Water Courts: Are They Changing?, Gregory J. Hobbs, Jr.

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

56 pages.

Colorado Water Courts: Should They Change?, Melinda Kassen

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

12 pages.

Contains references.

Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

1 v. (various pagings) : ill., maps, charts ; 29 cm

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson

Includes bibliographical references

The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.

Conference activities will commence with a free public program cosponsored by the Center of …

The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

No abstract provided.

Commodities Rulings Appealable To Circuit (New York Law Journal), Daniel Wise

News Articles

No abstract provided.

Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Publications

No abstract provided.

Judicial Review Of Fda Preemption Determinations, Amanda Frost

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Ultra Vires And The Foundations Of Judicial Review, Paul Craig

Articles by Maurer Faculty

No abstract provided.

What Can We Learn From Past Reform Efforts, R. Max Peterson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

7 pages.

Contains footnotes and references.

The National Forest Management Act: Managing The Use Out Of Multiple Use Lands, Dan S. Budd

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

12 pages.

Can Managers Adapt To New Relationships And Roles Under Nfma?, Elizabeth Estill

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

5 pages.

Agenda: The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years?: Will It Work In The 21st Century?, University Of Colorado Boulder. Natural Resources Law Center, Colorado State University, Oregon State University, Pinchot Institute For Conservation, Syracuse University. Maxwell School Of Citizenship And Public Affairs

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

Conference speakers include University of Colorado School of Law professors David H. Getches and Charles F. Wilkinson.

Jack Ward Thomas, Chief of the USDA Forest Service, will be a featured speaker at the Center's annual public lands conference, commemorating the 20th anniversary of the National Forest Management Act. This year's conference is sponsored by Colorado State University, Oregon State University, Pinchot Institute for Conservation, and the Maxwell School of Citizenship and Public Affairs at Syracuse University.

When Congress passed NFMA in 1976, few would have imagined the enormity of the changes in the world in technology, science and population we …

“Can You Live With That, Chief?”—Forging Nfma Through Congressional And Agency Give And Take, John R. Mcguire

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

The National Forest Management Act In A Changing Society, 1976-1996: How Well Has It Worked In The Past 20 Years? Will It Work In The 21st Century?, Margaret A. Shannon, K. Norman Johnson

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

12 pages.

Stories From The Frontlines: How Nfma Developed And Key Players, Robert E. Wolf

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

15 pages.

Framework For Understanding Nfma In A Legal Context, David H. Getches

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

8 pages.

Contains references.

Making Forest Policy In An Imperfect World, James W. Giltmier

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

10 pages.

Non-Delegation Doctrine And The Florida Supreme Court: What You See Is Not What You Get, John E. Fennelly

St. Thomas Law Review

In 1979, Carl J. Peckingbaugh, in analyzing Askew v. Cross Key Waterways, observed that Florida appellate courts continue "to adhere to the non-delegation doctrine." Peckingbaugh characterized the Florida Supreme Court's attitude as a rejection of the modem trend in administrative law, a trend that accepted "the adequacy of procedural safeguards in the administrative process in lieu of strict legislative guidelines for the exercise of delegated authority." Eleven years later, Professor Johnny C. Burris argued that Florida appellate courts, while still ritualistically adhering to the traditional or strict non-delegation doctrine, had de facto adopted the modem or pragmatic Davis-test that had …

Court Reporters Board Of California, E. Finelli

California Regulatory Law Reporter

No abstract provided.