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Administrative Law Commons™

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University at Buffalo School of Law

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Articles 31 - 60 of 198

Full-Text Articles in Administrative Law

Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall Oct 2011

Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall

Buffalo Environmental Law Journal

For more than 20 years after the 1974 enactment of the Safe Drinking Water Act ("SD WA ), the US. Environmental Protection Agency interpreted the SDWA as not applying to hydraulic fracturing. The United States Eleventh Circuit ruled in 1997 that the SDWTA applied to fracturing, but the EPA chose not to consent to that interpretation outside the Eleventh Circuit. Further the EPA continued to take the position that its existing SDWTA regulations did not apply to hydraulic fracturing, and it never promulgated new regulations to cover fracturing. In 2005, the Congress passed legislation that generally is read as applying …


The Social Construction Of Regulation: Lessons From The War Against Command And Control, Timothy F. Malloy Apr 2010

The Social Construction Of Regulation: Lessons From The War Against Command And Control, Timothy F. Malloy

Buffalo Law Review

No abstract provided.


Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish Jan 2010

Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish

Journal Articles

In 1964, President Lyndon B. Johnson called for a Nationwide War on the Sources of Poverty to “strike away the barriers to full participation” in our society. Central to that war was an understanding that given poverty’s complex and multi-layered causes, identifying, implementing, and monitoring solutions to it would require the “maximum feasible participation” of affected communities. Equally central, however, was an understanding that such decentralized problem-solving could not be fully effective without national-level orchestration and support. As such, an Office of Economic Opportunity was established – situated in the Executive Office of the President itself – to support, through …


Raising A Stink: Why Michigan Cafo Regulations Fail To Protect The State's Air And Great Lakes And Are In Need Of Revision, Karly Zande Jan 2009

Raising A Stink: Why Michigan Cafo Regulations Fail To Protect The State's Air And Great Lakes And Are In Need Of Revision, Karly Zande

Buffalo Environmental Law Journal

No abstract provided.


Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly May 2007

Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly

Other Scholarship

No abstract provided.


Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly May 2007

Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly

Journal Articles

Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers ('the Corps') administration of the permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public's negative perception of the permitting process. She begins the Article with an overview of the Corps' regulatory permitting process, then lays out the history of and context for the Corps' Customer Service Surveys. Next, she summarizes available …


Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly May 2007

Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly

Journal Articles

No abstract provided.


Science, Policy, And Politics: The Impact Of The Information Quality Act On Risk-Based Regulatory Activity At The Epa, Kirk T. O'Reilly Apr 2007

Science, Policy, And Politics: The Impact Of The Information Quality Act On Risk-Based Regulatory Activity At The Epa, Kirk T. O'Reilly

Buffalo Environmental Law Journal

No abstract provided.


Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, As Reviewed By, Matthew B. Powers Apr 2007

Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, As Reviewed By, Matthew B. Powers

Buffalo Environmental Law Journal

No abstract provided.


The Fcc's Indecent Proposal: Copyright Implications Of The Proposed "Record And Retain" Rule, Christopher S. Reed Oct 2006

The Fcc's Indecent Proposal: Copyright Implications Of The Proposed "Record And Retain" Rule, Christopher S. Reed

Buffalo Intellectual Property Law Journal

No abstract provided.


Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard Oct 2006

Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard

Buffalo Environmental Law Journal

No abstract provided.


Regulating Utilities, Joseph Zopolsky Oct 2003

Regulating Utilities, Joseph Zopolsky

Buffalo Environmental Law Journal

No abstract provided.


Has The Field Grown Too Complex For A State-Specific "Handbook" On Environmental Law? (Reviewing The Government Institute's South Carolina Environmental Law Handbook (3rd Ed. 2000)), Kim Diana Connolly Jan 2002

Has The Field Grown Too Complex For A State-Specific "Handbook" On Environmental Law? (Reviewing The Government Institute's South Carolina Environmental Law Handbook (3rd Ed. 2000)), Kim Diana Connolly

Book Reviews

No abstract provided.


New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams Oct 2000

New Source Review Under The Clean Air Act: Time For More Market-Based Incentives?, Todd B. Adams

Buffalo Environmental Law Journal

No abstract provided.


Indoor Radon: Regulating A Blameless Cause, Karen Hoyden Curtin Oct 1995

Indoor Radon: Regulating A Blameless Cause, Karen Hoyden Curtin

Buffalo Environmental Law Journal

No abstract provided.


Defining Wetlands For Regulatory Purposes: A Case Study In The Role Of Science In Policymaking, Emily Hartshorne Goodman Oct 1994

Defining Wetlands For Regulatory Purposes: A Case Study In The Role Of Science In Policymaking, Emily Hartshorne Goodman

Buffalo Environmental Law Journal

No abstract provided.


Hard Habits To Break: Information And Mutual Mistrust In The Regulation Of Corporate Polluters, David A. Niles Apr 1993

Hard Habits To Break: Information And Mutual Mistrust In The Regulation Of Corporate Polluters, David A. Niles

Buffalo Environmental Law Journal

No abstract provided.


Setting Standards For High Definition Television: Federal Policy Must Promote More Than Just A Better Picture, George Snyder Jr. Apr 1992

Setting Standards For High Definition Television: Federal Policy Must Promote More Than Just A Better Picture, George Snyder Jr.

Buffalo Law Review

No abstract provided.


Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg Oct 1991

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Buffalo Law Review

No abstract provided.


Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White Jan 1990

Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White

Buffalo Law Review

No abstract provided.


Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger Jan 1985

Privatizing Regulatory Enforcement: A Preliminary Assessment Of Citizen Suits Under Federal Environmental Laws, Barry Boyer, Errol Meidinger

Journal Articles

This article provides a preliminary assessment of the potential effects of the privatization of regulatory enforcement and speculates on what such a realignment might portend for the regulatory process. Based primarily on an indepth review of the first wave of citizen suits brought under the federal Clean Water and Clean Air Acts, it identifies four key problems that can undermine the citizen suit as a device for regulatory enforcement: (1) Citizen suits must surmount a series of doctrinal barriers that could make it difficult or impossible to mount an effective private enforcement campaign. Courts have generally been able to control …


Funding Public Participation In Agency Proceedings: The Federal Trade Commission Experience, Barry B. Boyer Oct 1981

Funding Public Participation In Agency Proceedings: The Federal Trade Commission Experience, Barry B. Boyer

Journal Articles

No abstract provided.


Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath Jan 1981

Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath

Buffalo Law Review

No abstract provided.


Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald Apr 1980

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald

Buffalo Law Review

No abstract provided.


Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor Jan 1980

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Buffalo Law Review

No abstract provided.


Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth Oct 1979

Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth

Buffalo Law Review

No abstract provided.


Federal Regulation Of Certain Bulk Hazardous Cargo: Focus On The Great Lakes, Wayne M. Lopkin Oct 1979

Federal Regulation Of Certain Bulk Hazardous Cargo: Focus On The Great Lakes, Wayne M. Lopkin

Buffalo Law Review

No abstract provided.


The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford Oct 1977

The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford

Buffalo Law Review

No abstract provided.


New York's Workmen's Compensation Law: Problems And Perspectives, Kenneth L. Gartner, Jeffrey A. Human, David W. Reitz, David Saleh, Philip John Szable Oct 1977

New York's Workmen's Compensation Law: Problems And Perspectives, Kenneth L. Gartner, Jeffrey A. Human, David W. Reitz, David Saleh, Philip John Szable

Buffalo Law Review

No abstract provided.


Compulsory Licensing Of A Trademark, Vincent N. Palladino Jul 1977

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.