Administrative Law Commons^™

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

Coal Royalty Valuation: The Federal Perspective, Bruce E. Mcgee

West Virginia Law Review

No abstract provided.

Administrative And Private Searches For Smoking Articles Conducted Pursuant To The Federal Mine Safety And Health Act: Constitutional Considerations, David J. Hardy, Maris E. Mccambley

West Virginia Law Review

No abstract provided.

The Information Highway Must Pay Its Way Through Cities: A Discussion Of The Authority Of State And Local Governments To Be Compensated For The Use Of Public Rights-Of-Way, Clarence A. West

Michigan Telecommunications & Technology Law Review

In the ever-changing telecommunications industry there appears to be an enormous amount of confusion not only as to the appropriate amount of compensation chargeable to the users of public rights-of-way, but also as to the very authority of state and local governments to require compensation. This was not always the case. It has long been a well-settled legal principle that local governments may receive reasonable "rental" compensation from private commercial entities for their use of local public property for private economic gain, even where federal statutory law restricts local governments from denying access to rights-of-way for telecommunications services. For example, …

The Portland Public School Police: Formative Years - 1937 To 1953, Natalie Anne Woods

Dissertations and Theses

This thesis traces the historical evolution of one of the early responses to youth crime and violence -- public school police. In addition, this thesis addresses the lack of information about the creation and implementation of a public school police force, specifically the Portland Public School Police and School District No. 1, during its formative years, 1937 to 1953. Finally, the thesis intends to address two principal questions: A) Why did the Portland Board of Education find it necessary to create their own police agency? While one opinion suggests that there was a real need for school police due to …

Decreasing The Costs Of Jurisdictional Gridlock: Merger Of The Securities And Exchange Commission And The Commodity Futures Trading Commission, Mark Frederick Hoffman

University of Michigan Journal of Law Reform

Jurisdictional conflict exists between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), primarily due to the language of the 1974 CFTC Act. This Act grants the CFTC exclusive jurisdiction to regulate certain financial instruments which, given the increasing complexity and "hybrid" nature of such instruments, might simultaneously be subject to SEC regulation. This Note first explores the history of the two agencies and the statutory language giving rise to the jurisdictional conflict. This Note then examines several instances of jurisdictional conflict that resulted in extensive costs for the respective agencies and the United States' financial …

Making Rules: An Introduction, Steven Croley

Michigan Law Review

A Review of Rulemaking: How Government Agencies Write Law and Make Policy by Cornelius M. Kerwin

Risk Regulations And Its Hazards, Stephen F. Williams

Michigan Law Review

A Review of Breaking the Vicious Circle: Toward Effective Risk Regulation by Stephen Breyer

Power, Responsibility, And Republican Democracy, Marci A. Hamilton

Michigan Law Review

A Review of Power Without Responsibility: How Congress Abuses the People Through Delegation by David Schoenbrod

Appeal No. 0557: Robert L. & Sara S. Ratchford V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 94-83

Appeal No. 0553: White Investments, Inc V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 94-47

Appeal No. 0554: Hays And Compnay V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 94-44

Appeal No. 0556: Luther Weaver V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 93-326

Appeal No. 0540: M& L Drilling Co., V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-198

Appeal No. 0549: Chestnut Enterprises C/O Frank Dettore, V. Donald Mason, Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-320

Attorney General V. National Labour Court, Dov Levin, Mishael Cheshin, Tzevi Eliyahu Tal

Translated Opinions

Facts: The second petitioner, the Bezeq Corporation, had a monopoly in the field of providing telephone services in Israel. When the Government decided to allow competition in this field, the General Federation of Labour feared that the restriction of the monopoly would affect the jobs and rights of Bezeq’s employees, and it therefore gave notice of a strike. The petitioners applied to the Regional Labour Court for an injunction against the strike. The injunction was given, but the National Labour Court overturned it on appeal. The petitioners then petitioned the High Court of Justice to set aside the judgment of …

The Use Of Audited Self-Regulation As A Regulatory Technique, Douglas C. Michael

Law Faculty Scholarly Articles

At first blush, "self-regulation" seems to be self-contradicting. If government regulation of an industry or problem is considered necessary, how can that responsibility then be returned to those from whom it was taken? Notwithstanding this apparent contradiction, audited self-regulation is used successfully by federal regulatory agencies. It is apparently adopted, however, on an ad hoc basis: in one industry or application but not in another that possesses similar characteristics. This article reviews these previously uncollected efforts at audited self-regulation to evaluate the general usefulness of this regulatory technique across industries and applications. These insights would be relevant not only to …

A Global Perspective On Current Regulatory Reform: Rejection, Relocation, Or Reinvention?, Alfred C. Aman

Indiana Journal of Global Legal Studies

Dean Alfred Aman 's article addresses recent U.S.

administrations' attempts at regulatory reform and notes that as far

as the actual reforms are concerned, there are more similarities

over time than differences. The globalization of politics and

markets and manufacturing, in particular, has helped create global

political economic forces that militate in favor of various forms of

deregulation and privatization not only in the United States, but in

other western democracies as well. Dean Aman focuses on the

United States, noting that globalization has reduced the effectiveness

of local and national regulators, especially since firms are

increasinglyf ree to choose …

Great Lakes Water Quality Initiative: National Standards Governing A Binational Resource A Call For International Rulemaking, Sean P. Gallagher

Indiana Journal of Global Legal Studies

No abstract provided.

Sources Of Rights To Access Public Information, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Effect Of The Utah Administrative Procedures Act On The Standards Of Review For Final Administrative Agency Adjudications, John C. Steele

Brigham Young University Journal of Public Law

No abstract provided.

The Single-Scheme Exception To Criminal Deportations And The Case For Chevron's Step Two, David A. Luigs

Michigan Law Review

This Note applies the two-step Chevron analysis to the single-scheme exception and argues that courts should reject the BIA's single-act test. In applying Chevron, this Note uses the narrow controversy over the proper interpretation of the single-scheme exception as a window on the larger ambiguity that plagues the Supreme Court's Chevron jurisprudence. This Note suggests an answer to a broader issue that has remained unclear under the Supreme Court's precedents: how courts should review agency interpretations at Chevron's second step.

Betting On Open Space: The Great Outdoors Colorado Trust Fund, Will Shafroth, Rick Hum, University Of Colorado Boulder. Natural Resources Law Center

Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9)

17 pages.

Includes illustrations, maps, and biographical information for Will Shafroth and Rick Hum.

In 1992 Colorado voters approved the dedication of a portion of lottery proceeds to a trust fund for parks, wildlife, trails and open spaces. The fund will produce over $30 million during the next five years, and $35 million annually thereafter that will be dedicated to these purposes. Will Shafroth, Director, State Board of the Great Outdoors Colorado Trust Fund, will discuss the first 18 months of GOCO and future challenges. Rick Hum, Summit County Commissioner, will comment on the program from the perspective of local …

The Failed Promise Of Regulatory Variables, Harold J. Krent

All Faculty Scholarship

No abstract provided.

The Obsolescence Of Wall Street: A Contextual Approach To The Evolving Structure Of Federal Securities Regulation, Joel Seligman

Michigan Law Review

As a matter of analytical style, this article illustrates a contextualist approach. For a considerable period of time, the dominant analytical style in corporate and securities .law has been a variant of economic, or law and economics, analysis. The virtue of this type of analysis is that it focuses on what its authors deem to be crucial variables and reaches conclusions derived from the core of a specific legal problem. The defect of this type of analysis is that so much is assumed or often assumed away.

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 …

Indeterminacy And Craft In Judicial Review Of Administrative Law: A Comment On Shapiro And Levy, Marshall J. Breger

Scholarly Articles

This Essay begins by examining whether more precise codification of statutory scope of review language will actually bring about a greater degree of determinacy in judicial decisions, and explains the reasons why indeterminacy currently exists. The proposed Shapiro and Levy standard is discussed next, as is their reliance on public choice theory to explain judicial behavior. Finally, this Essay concludes that while Shapiro and Levy raise interesting points, their quest for judicial determinacy is misguided.

How The Exception Makes The Rule: Agency Waiver Of Statutes, Rules, And Precedent In Florida, F. Scott Boyd

St. Thomas Law Review

The purpose of this article is certainly not to formulate a complete conception of administrative equity. The intent, rather, is simply to begin to examine one small aspect of Florida administrative law which traditionally has been associated with equitable principles: the exception. First, the concept of exception will be considered, to provide some definition. As might be expected, both the form of the .law to which exception is sought and the form of the action granting exception are important in determining the discretion of the agency. Exceptions are therefore considered in groups: first, exceptions to statutory requirements; next, exceptions to …

Office Of Administrative Law, S. Cola

California Regulatory Law Reporter

No abstract provided.

Commission On California State Government Organization And Economy (Little Hoover Commission), E. D'Angelo

California Regulatory Law Reporter

No abstract provided.