Open Access. Powered by Scholars. Published by Universities.®

Administrative Law Commons

Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 181 - 210 of 4379

Full-Text Articles in Administrative Law

Opioid Settlements And Profitable Public Nuisances, Clayton J. Masterman Jan 2025

Opioid Settlements And Profitable Public Nuisances, Clayton J. Masterman

Touro Law Review

The global settlements between state and local governments and opioid manufacturers, distributors, and retailers require opioid defendants to transform their businesses and pay more than $40 billion to abate the ongoing opioid epidemic. The $40 billion in abatement funds is a substantial pool of money that is likely to help states combat opioid use and abuse. Large as the payments are, however, they are significantly smaller than the profits that the opioid defendants made over the course of the epidemic or the total harm that they caused. This Article argues that the global opioid settlements incentivize future defendants to create …


Alternatives To Delaware? Evaluating Corporate Law In Nevada, Texas, And Wyoming, Joseph Landau, Bailey Swartz, Anthony Rickey, Robert Ragazzo, Benjamin Edwards, George A. Mocsary Jan 2025

Alternatives To Delaware? Evaluating Corporate Law In Nevada, Texas, And Wyoming, Joseph Landau, Bailey Swartz, Anthony Rickey, Robert Ragazzo, Benjamin Edwards, George A. Mocsary

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Reedy Creek Improvement District: A Comparative Analysis Underscoring The Problems In Hampering Special Districts, J. Patrick Moll Jan 2025

The Reedy Creek Improvement District: A Comparative Analysis Underscoring The Problems In Hampering Special Districts, J. Patrick Moll

Dickinson Law Review (2017-Present)

In 2022, the Florida legislature passed a bill that removed the administration of the Reedy Creek Improvement District, the special district governing the Walt Disney World Resort. The bill replaced it with the Central Florida Tourism Oversight District. Governor Ron DeSantis hailed this legislation as a success in reigning in a corporation operating with unchecked and unprecedented levels of governmental authority. Since its inception, however, the replacement administration has contended with claims of ethical violations, inefficiency, and unconstitutional enactment. Before the repeal of the Walt Disney World special district, special districts themselves were not often present in the Nation’s everyday …


A Practical Guide To Investigations And California Administrative Procedure Act Discovery, Allard Chu, Denise Smith Jan 2025

A Practical Guide To Investigations And California Administrative Procedure Act Discovery, Allard Chu, Denise Smith

University of San Francisco Law Review

No abstract provided.


Tribal Recognition And Rhode Island: Towards A Recognition Process For The Ocean State, Declan Smith Jan 2025

Tribal Recognition And Rhode Island: Towards A Recognition Process For The Ocean State, Declan Smith

Roger Williams University Law Review

No abstract provided.


Volume 48 Masthead, Seattle University Law Review Jan 2025

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead


Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones Jan 2025

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …


Volume 48 Masthead, Seattle University Law Review Jan 2025

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead


Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen Jan 2025

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …


Volume 48 Masthead, Seattle University Law Review Jan 2025

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead


Group Homes For The Mentally Retarded In Maine: Legislative Intent And Administrative Process, James C. Hunt Dec 2024

Group Homes For The Mentally Retarded In Maine: Legislative Intent And Administrative Process, James C. Hunt

Maine Law Review

Historically, mentally retarded citizens of Maine have been confined to Pineland Center, the state's principal institution for the mentally retarded. In 1975 a class action suit, Wuori v. Zitnay, was filed in federal district court on behalf of "involuntarily confined" Pineland residents and "conditionally released" residents "in need of care . . . in a humane and healthful . . . environment." Three years later agencies and officials of the State of Maine entered into a consent judgment which laid down a "comprehensive plan designed to bring about speedy and meaningful relief" to the plaintiff class. The relief granted was …


"Major Questions" About Preemption, Kamaile A.N. Turčan Dec 2024

"Major Questions" About Preemption, Kamaile A.N. Turčan

Villanova Law Review (1956 - )

No abstract provided.


Chevron's 51 Imperfect Solutions., Christopher J. Walker, Neena Menon Nov 2024

Chevron's 51 Imperfect Solutions., Christopher J. Walker, Neena Menon

Articles

In June 2024, the U.S. Supreme Court eliminated the judicial deference federal agencies previously received for their statutory interpretations, overturning the Court’s landmark 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. While Chevron was never binding on state courts, where the balance of powers and state constitutions may require different or no deference to agencies, numerous states have adopted Chevron deference, Skidmore weight, or similar deference regimes for judicial review of agency legal interpretations. Despite these developments, little scholarly attention has been paid to how and why states have developed administrative law’s deference doctrines, how the …


Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill Oct 2024

Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill

University of Cincinnati Law Review

Federal agencies have caught the artificial intelligence (AI) bug. A December 2023 report by the Government Accountability Office found that twenty of twenty-three federal agencies surveyed reported using some form of AI, with about two hundred current use cases for algorithms and about one thousand more in the planning phase. These agencies are using algorithms in all aspects of administration, including rulemaking, adjudication, and enforcement. The risks of AI are well-documented. Previous work has shown that algorithms can be, among other things, biased and prone to error. However, perhaps no problem poses a more serious threat to the use of …


Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman Oct 2024

Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Masthead Oct 2024

Masthead

California Regulatory Law Reporter

No abstract provided.


Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman Oct 2024

Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, Grant Marcketta, Marcus Friedman Oct 2024

Contractors State License Board, Grant Marcketta, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman Oct 2024

Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Yi Zhou, Marcus Friedman Oct 2024

California Board Of Accountancy, Yi Zhou, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Steven Soldani, Marcus Friedman Oct 2024

Medical Board Of California, Steven Soldani, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman Oct 2024

State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Caroline Bulger, Marcus Friedman Oct 2024

Veterinary Medical Board, Caroline Bulger, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Julia Thompson, Marcus Friedman Oct 2024

Board Of Registered Nursing, Julia Thompson, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Key Oct 2024

Key

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Catherine Santos, Marcus Friedman Oct 2024

Board Of Pharmacy, Catherine Santos, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade Da Silva, Wyatt Page, Marcus Friedman Oct 2024

Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade Da Silva, Wyatt Page, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


California State Athletic Commission, Celeste Franco, Marcus Friedman Oct 2024

California State Athletic Commission, Celeste Franco, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Shun Lam, Marcus Friedman Oct 2024

Dental Board Of California, Shun Lam, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Lisette Cruz, Alexander Cesta, Marcus Friedman Oct 2024

Department Of Insurance, Lisette Cruz, Alexander Cesta, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.