Administrative Law Commons^™

Fixing Fair Use, Michael W. Carroll

Working Paper Series

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another’s copyrighted expression under certain circumstances. The doctrine’s extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another’s copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter from the SEC, a …

Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo

Working Paper Series

The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the …

Commonwealth Of Massachusetts V. Epa: Passing The Buck On Regulation Of Greenhouse Gas Emissions, Daniel Baylson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

National Cable & Telecommunications Ass'n V. Brand X Internet Services: A War Of Words, The Effect Of Classifying Cable Modem Service As An Information Service, David P. Manni

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Will Paradise Become A Parking Lot: The Debate Over The Bush Administration's Overhaul Of Forest Management Regulations, Katrina M. Kayden

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Chevron Matters: How The Chevron Doctrine Redefined The Roles Of Congress, Courts And Agencies In Environmental Law, E. Donald Elliott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Ambiguity And Policy Making: A Cognitive Approach To Synthesizing Chevron And Mead, Peter M. Shane

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rubber-Stamping V. Probing Review - The Judicial Role In Enforcing The Substantive Requirements Of The National Forest Management Act: Lands Council V. Powell, Jamie Kester

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book

Working Paper Series

This article defends one of the more controversial parts of the Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98) the collection due process (CDP) provisions. CDP gives taxpayers the right to independent administrative and judicial review of IRS decisions to use its awesome administrative collection powers, powers that have long made the IRS a feared creditor.

Prior to CDP’s enactment, the IRS had the power to collect taxes from taxpayers without judicial review of administrative collection determinations. This power, atypical for creditors which often must get judicial approval for summary collection action, led many observers to …

The Ehb: Dep's Friend Or Foe - Environmental Hearing Board Review, William Hofmann, Steven Horst

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Defenders Of Wildlife V. Hogarth: Has The Sun Set On Saving The Dolphins, Ashley Woodworth

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Local Governments That Purposely Delay Land Use Projects, What Law Applies - An Analysis Of United Artists Theatre Circuit, Inc. V. Township Of Warrington And The Substantive Due Process Tests As Applied By The Third Circuit, Shari K. Gekoski

Villanova Law Review (1956 - )

No abstract provided.

Development Of The First Amendment Right Of Access To Adjudicatory Hearings In The Third Circuit: Does The Ongoing Threat Of Terrorism Call For A Secret Justice System, Thomas V. Ayala

Villanova Law Review (1956 - )

No abstract provided.

Michigan V. United States Environmental Protection Agency: The Power Of Epa In Curing The Difficulty Downwind, Erika Jean Doyle

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Broward V. Environmental Protection Agency: Cercla's Bar On Pre-Enforcement Review Of Epa Cleanups Under Section 113(H), Robert G. Ruggieri

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Third Circuit's Approach To The Private Enforcement Of Administrative Agency Regulations Under Section 1983, Lisa M. Lamb

Villanova Law Review (1956 - )

No abstract provided.

American Trucking Associations, Inc. V. United States Environmental Protection Agency: A Speed-Bump Along The Highway Of Judicial Deference To Agency Determinations, Amy Quandt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Newton County Wildlife Association V. Rogers: Who Is Taking A Hard Look At The Environmental Impact Of Timber Sales, Susan Gedrick Tuozzolo

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Separation Of Powers And The Separate Treatment Of Contract Claims Against The Federal Government For Specific Performance, Richard H. Seamon

Villanova Law Review (1956 - )

No abstract provided.

Epa's Hazardous Waste Identification Rule For Process Waste (Hwir-Waste) Gone Haywire, Again, Christopher J. Urban

Villanova Environmental Law Journal (1991 - )

No abstract provided.

In The Matter Of Bell Petroleum Services, Inc.: Reviewing Removal Actions Under The Arbitrary And Capricious Standard Of Review, Robert Loefflad

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Epa's Problematic Enforcement Policy For The Rlra Section 3004(J) Storage Prohibition As Applied To Mixed Wastes: Edison Electric Institute V. Epa, George A. Voegele Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

United States V. General Motors Corporation: Striking A Balance Under The Clean Air Act Between Epa Power To Penalize And The Right Of States To Tailor Revisions Of Their State Implementation Plans, Wardell Sanders

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Administrative Law - Pending Petition For Agency Reconsideration Bars Appellate Court Jurisdiction, Karen L. Pascale

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Farmers Home Administration Is Not Required To Comply With Pennsylvania's Mortgage Foreclosure Statutes Prior To Foreclosing On A Loan Obtained Through Its Federal Lending Program, Deborah R. Popky

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Freedom Of Information Act - Taxpayer's Request For Disclosure Of Return Information Is Governed By The Freedom Of Information Act Rather Than The Internal Revenue Code, Michael E. Defrank

Villanova Law Review (1956 - )

No abstract provided.

The Model State Administrative Procedure Act: Planned Restraint On The Consolidation Of Power By Executive Branches Of State Governments, Anne K. Pecora

Villanova Law Review (1956 - )

No abstract provided.

Administrative Law - Airline Deregulation - Deregulatory Scheme Had No Effect On The Applicable Substantive Law To Determine Liability Of Shipper For Lost Shipment Of Goods, Bruce G. Leto

Villanova Law Review (1956 - )

No abstract provided.

Ask And Ye Shall Receive: The Legislative Response To The Northeast Rail Crisis, Henry H. Perritt Jr.

Villanova Law Review (1956 - )

No abstract provided.