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Full-Text Articles in Administrative Law

Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil Jan 2020

Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil

Seattle University Law Review

This Article addresses the question of how the law should treat medical cannabis in the employment context. Using Colorado as a primary example, we argue that states such as Colorado should amend their constitutions and legislate to provide employment protections for employees who are registered medical cannabis cardholders or registered caregivers.

Part I briefly traces the legal regulation of cannabis from an unregulated medicine known as cannabis to a highly regulated illicit substance known as marijuana under the Controlled Substances Act. Our travail through this history reveals, unsurprisingly, an increasing demonization of cannabis throughout the twentieth century. That socio-legal demonization …


Table Of Contents, Seattle University Law Review Jan 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)


Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0939: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0939: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-437 & Chief's Order 2016-451; Hogston C & A Unites (Gulfport Energy Corporation)


Appeal No. 0972: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0972: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0970: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0970: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0969: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0971: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0971: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409


Appeal No. 0938: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission Dec 2019

Appeal No. 0938: L.D. Jenking V. Division Of Oil & Gas Resources Management And Gulfport Energy Coropration, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-437 & Chief's Order 2016-451; Hogston C & A Unites (Gulfport Energy Corporation)


Virginia Uranium, Inc. V. Warren, Nyles G. Greer Nov 2019

Virginia Uranium, Inc. V. Warren, Nyles G. Greer

Public Land & Resources Law Review

The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.


Private Prisons, Private Governance: Essay On Developments In Private-Sector Resistance To Privatized Immigration Detention, Danielle C. Jefferis Oct 2019

Private Prisons, Private Governance: Essay On Developments In Private-Sector Resistance To Privatized Immigration Detention, Danielle C. Jefferis

Northwestern Journal of Law & Social Policy

No abstract provided.


A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell Oct 2019

A Wall Runs Through It: Comparing Mexican And Californian Legal Regimes In The California Floristic Province, Joseph E. Farewell

Loyola of Los Angeles International and Comparative Law Review

Habitats are often divided by international borders, leaving ecosystems in varying states of protection, development, and danger. The California Floristic Province, which traverses the United States-Mexico border, is one such example. This border, which divides a once-continuous ecological region, not only represents an international crossing, but also a shift in legal, land, and conservation regimes. These differences reveal particular vulnerabilities for California Floristic Province habitat on the Mexican side of the border region, showing that the ecosystem is in danger because of rapid real estate development pressures and unfavorable environmental laws. Accordingly, this note recommends three main changes to Mexican …


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Rethinking Police Rulemaking, Maria Ponomarenko Sep 2019

Rethinking Police Rulemaking, Maria Ponomarenko

Northwestern University Law Review

For more than sixty years, prominent policing scholars have argued that the way to address the many problems of policing is to treat police departments like all other agencies of government—and to require that they set policy through something like notice-and-comment rulemaking. This paper argues that despite its intuitive appeal, rulemaking is not a particularly apt solution to policing’s various ills. Although policing scholars have been right to look to administrative law for ideas on how to govern policing, they have been focused on the wrong set of administrative tools. Instead of looking to the public to regulate the police …


Administrative Balance, David Russell Aug 2019

Administrative Balance, David Russell

Arkansas Law Review

Two of the most discussed administrative-law theories in contemporary discussion are executive preemption and big waiver. Executive preemption is the idea that agency regulations preempt state law by extension of the federal statutes the agencies are charged with enforcing. Big waiver is the idea that Congress delegates, to administrative agencies, the power to waive statutory provisions. The constitutional questions raised by executive preemption and big waiver can be put in the following terms. Executive preemption raises constitutional issues as regulatory agencies go farther and farther away from the “clear statement” of a given statute. Thus, one wonders whether agencies are …


Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-286; Highland Brookfield Well #5 (Highland Field Services, LLC)


Appeal No. 0974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)


Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)


Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2019

Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-347


Who Takes A Dam: Regulatory Confusion And Surging Opportunities For Small Dam Removal In Rural Maine, Grady R. Burns Aug 2019

Who Takes A Dam: Regulatory Confusion And Surging Opportunities For Small Dam Removal In Rural Maine, Grady R. Burns

Maine Law Review

This Comment examines the regulatory regimes surrounding the removal of state-regulated small dams in Maine by comparing the relatively underdeveloped regime in Maine with the much more coherent and robust regime in neighboring New Hampshire. When compared to more deliberate regimes, Maine’s system lacks key features, including a streamlined permitting program and a single clearinghouse for information, resources, and regulatory enforcement. Given the significant opportunities afforded by a coherent regulatory small dam removal regime, this Comment recommends that Maine follow the example of other states by creating a river restoration and dam removal program, re-establishing its statewide dam inventory, creating …


Conservation, Regionality, And The Farm Bill, Jess R. Phelps Aug 2019

Conservation, Regionality, And The Farm Bill, Jess R. Phelps

Maine Law Review

Over the past several Farm Bills, there has been a somewhat subtle shift in program design to better incorporate regional perspectives/localized areas of conservation concern into national conservation program delivery. The purpose of this Article is to specifically explore the various roles that regional considerations play in existing Farm Bill conservation programs and also consider whether further developments in this direction could result in more flexible program delivery, more effective partnerships, and ultimately, better conservation outcomes. To this end, section II will provide an overview of the history of the Farm Bill, from its origins to the emergence of a …


Medical Board Of California, Mason Bettencourt, Betsy Gopinath Jul 2019

Medical Board Of California, Mason Bettencourt, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


Contractors’ State License Board, Natasha Pulido, Betsy Gopinath Jul 2019

Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth Jul 2019

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Heather Morse, Bridget Fogarty Gramme Jul 2019

Board Of Registered Nursing, Heather Morse, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth Jul 2019

Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme Jul 2019

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Brian Attard, Betsy Gopinath Jul 2019

California Board Of Accountancy, Brian Attard, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


Bureau Of Cannabis Control, Nicole Cohen, Guinness Costello, R. C. Fellmeth Jul 2019

Bureau Of Cannabis Control, Nicole Cohen, Guinness Costello, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.