Administrative Law Commons^™

Agbar V. Idf Commander In Judaea And Samaria, Elyakim Rubinstein, Edmond E. Levy, Yoram Danziger

Translated Opinions

Facts: In 2007, an administrative detention order was made against the petitioner in HCJ 9441/07 on the ground that he was active in the Hamas organization and presented a threat to security in the territories. The order was made for six months and was subsequently renewed for an additional period of six months.

In 2006, an administrative detention order was made against the petitioner in HCJ 9454/07 on the ground that he was active in the Popular Front terrorist organization and presented a threat to security in the territories. The order was made for six months and was subsequently renewed …

Cityland – Vol. 4, No. 11, Center For New York City Law

CityLand - 2007

The December 2007 issue of CityLand covers major land use and development initiatives across New York City. It features contentious hearings on the redevelopment of Willets Point, the approval of a 63-story tower at 50 West Street using Battery Tunnel air rights, and the Planning Commission’s modifications to Columbia University’s Manhattanville expansion and Community Board 9’s 197-a plan. The issue also highlights new zoning standards for parking lots, a proposed crackdown on illegal hotel conversions, and a green roof tax incentive resolution. Landmark actions include the designation of the 19th-century P.S. 90 school in Brooklyn and the removal of the …

Emunah V. Prime Minister, Ayala Procaccia, Asher Grunis, Edna Arbel

Translated Opinions

Facts: MK Ramon was convicted of committing an indecent act. According to statute, a person is barred from being a member of the Knesset or a cabinet minister only if he has been convicted of an offence involving moral turpitude and is given a custodial sentence. The court that sentenced MK Ramon did not give him a custodial sentence and it held that the offence did not involve moral turpitude.

Shortly after serving the sentence of community service, MK Ramon was appointed a member of the government with the position of Deputy Prime Minister. The appointment was approved by the …

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

This Article surveys administrative law developments in appellate cases from June 1, 2006 through May 31, 2007. Only cases from the Georgia Supreme Court and the Georgia Court of Appeals have been reviewed. As compared to prior years, the number of cases in which administrative law principles played a significant role showed no upward spike. There are many other topics that concern elements of administrative law, but this Article does not address cases containing those specific subject matter topics. There is likely some duplication of cases among the subject matter topics, but only the administrative law elements are emphasized in …

Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley

Federal Communications Law Journal

The vast majority of viewers today receive video programming from multichannel video programming providers-mostly cable television or direct broadcast satellite ("DBS")-rather than directly over-the-air from broadcast stations. While the FCC has not hesitated to sanction broadcasters for what it deems to be indecent content, it consistently has found that it lacks the authority to regulate indecency on subscription services like cable television. Citizens groups and some in Congress now seek to extend indecency restrictions to DBS services under existing law or through the enactment of new legislation. It is true that DBS, because of its use of radio spectrum to …

In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy

Federal Communications Law Journal

Indecency regulation has been a hot political and social topic since Janet Jackson revealed her breast during the 2004 Super Bowl halftime show. The number of indecency complaints the FCC receives each year continues to rise. Moreover, to further complicate matters, in 2007 the Second Circuit overturned the FCC policy that so-called "fleeting expletives" would be considered indecent. However, there has been no systematic review of the complaints from the perspective of the complainant. How has the FCC managed its increasing indecency complaint load, and what does it tell consumers who have taken the time to write formal complaints about …

Summing Up The Public Interest: A Review Of "Media Diversity And Localism: Meaning And Metrics," Edited By Philip M. Napoli, Victoria F. Phillips

Federal Communications Law Journal

Philip Napoli's Media Diversity and Localism: Meaning and Metrics, is a thoughtful and first of its kind compilation of some of the ongoing research and scholarship examining the concepts of diversity and localism underlying the Federal Communications Commission's public interest standard in broadcasting. The collection of essays addresses these fundamental goals from a variety of disciplines beyond the law, including political science, communications policy, sociology, and economics. The essays explore the values associated with these two goals, apply performance metrics to assess existing regulatory policies intended to preserve and promote these goals, and reflect on their meaning in the new …

Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho

Federal Communications Law Journal

With the changing racial and linguistic composition of the American market and the emerging strength of the Mexican market, American broadcast companies are facing a new competitive playing field.. Section 310 of the Communications Act of 1934 ("Act") establishes the guidelines for when a foreign national is eligible to apply for a broadcast license from the FCC. The FCC currently interprets these limits on foreign ownership very leniently, favoring a policy of deregulation in an attempt to further open up the United States market. This Note argues that once foreign nationals have cleared the hurdle of § 310's foreign ownership …

Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan

Federal Communications Law Journal

The recent decision in Craigslist signals a drastic reduction in the effectiveness of the prohibition on discriminatory housing advertisements under the Fair Housing Act ("FHA"). Section 230 of the Communications Decency Act gives blanket immunity to Internet Content Providers from publisher liability for content originating from third parties. One of the effects of this immunity is the creation of a monopoly for discriminatory advertisements otherwise proscribed by the FHA. This Note argues that the simplest solution for Congress is to adjust the language of § 230 by adding the FHA to the list of exceptions to statutory immunity.

Procedures As Politics In Administrative Law, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

Legal scholars view administrative law as alternately shaped by concerns for procedural integrity and issues of political control, and therefore as consisting of largely conflicting rules. But they have overlooked that the Court may be elaborating administrative law, and more particularly, administrative procedures, for a political purpose - to ensure that agency action roughly tracks legislative preferences. Thus, rather than vacillating between procedures and politics, the Court may be striving to negotiate two sorts of politics: congressional control, exercised through administrative procedures, and presidential control, vindicated by presumptive judicial deference. Positive political theorists, meanwhile, have appreciated that administrative procedures can …

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller

Michigan Law Review

The first two terms of Franklin Roosevelt's presidency (1933-1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal-era administrative state interacted after these constitutional battles ended. Having overcome constitutional hurdles, these administrative agencies still had to interact with …

Appeal No. 0778: Century Well Service V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-137

Appeal No. 0779: Darrell Yoder, Dba Double "D" V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-27

Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Cityland – Vol. 4, No. 10, Center For New York City Law

CityLand - 2007

This issue of CityLand covers significant land use and zoning developments in New York City as of November 15, 2007. Highlights include the designation of Sunnyside Gardens as a historic district, updates to public plaza design standards, and rezoning efforts in Forest Hills, St. Albans, and Hollis. The issue also reports on the Moynihan Station redevelopment, Columbia University's expansion plans in Manhattanville, and legal challenges surrounding the Trump SoHo development. Landmark designations, including the Lord & Taylor Building and the Eberhard Faber Pencil Company complex, are featured alongside summaries of ULURP and BSA pipeline applications. The issue concludes with a …

Cityland – Vol. 4, No. 9, Center For New York City Law

CityLand - 2007

The October 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved DEP’s expansion of the Hunts Point water treatment plant, despite concerns over odor and air quality. The Upper West Side rezoning plan was modified to accommodate Jewish Home & Hospital, with restrictions negotiated by Council Member Katz. The Planning Commission approved the Bedford-Stuyvesant rezoning, the Trader Joe’s development in Cobble Hill, and a 57-story mixed-use tower at 400 Fifth Avenue. Amendments to the High Line zoning text allowed the City to build amenities in exchange for developer fees. …

Kav Laoved V. National Labour Court, Eliezer Rivlin, Dorit Beinisch, Edmond E. Levy, Asher Grunis, Miriam Naor, Edna Arbel, Esther Hayut, Salim Joubran, Ayala Procaccia

Translated Opinions

Facts: Palestinian workers filed claims in the Labour Courts against their Israeli employers with regard to their employment in the Israeli enclaves in Judaea and Samaria. These claims gave rise to the question whether these employment relationships were governed by Israeli law or by the local law of Judaea and Samaria, which is Jordanian law, the significance of this question being that Israeli law grants workers more rights and protection than Jordanian law.

The National Labour Court held on appeal that in the absence of any stipulation on this issue in the employment contracts, these employment relationships were governed by …

Administrative Decisionmaking By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.

Choosing Between The Necessity And Public Interest Standards In Fcc Review Of Media Ownership Rules, Peter Dicola

Michigan Law Review

Section 202(h) of the Telecommunications Act of 1996, as amended, directs the Federal Communications Commission ("FCC") to review its media ownership rules every four years. But the statute contains an ambiguity regarding the standard of review that the FCC must apply during such proceedings. To retain a particular media ownership regulation, must the FCC merely show that the regulation advances one of the FCC's three public-interest goals for media: competition, diversity, and localism-applying a "public interest" standard? Or must the FCC meet the higher burden of demonstrating that the regulation is also indispensable for maintaining competition, diversity, or localism at …

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.

Cityland – Vol. 4, No. 8, Center For New York City Law

CityLand - 2007

The September 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved the Jamaica rezoning plan with modifications, including changes to Hillside Avenue and manufacturing zones near the LIRR. Related Companies received approval for a 210-space garage at its High Line-adjacent luxury development. Solow Properties’ massive East Side redevelopment plan began public review. Basketball City was approved to relocate to Pier 36. City Planning proposed a zoning text amendment to make Landmarks the sole permitting authority for Sunnyside Gardens. The Commission approved a new BID for Hunts Point and a …

Regulatory Preemption: Are Federal Agencies Usurping Congressional And State Authority?: Hearing Before The S. Comm. On The Judiciary,, 110th Cong., Sept. 12, 2007 (Statement Of Viet D. Dinh, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Regulatory Preemption: Hearing Before The S. Comm. On The Judiciary, 110th Cong., Sept. 12, 2007 (Statement Of David C. Vladeck, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

No abstract provided.

Yassin V. Government Of Israel, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A Petition under the Contempt of Court Ordinance, based on the argument that despite the long period of time that had elapsed since the hand down of the decision in HCJ 8414/05, Yassin v. The State of Israel (April 9, 2007), where the High Court of Justice ordered the Respondents to change the path of the security fence in the Bilin Area, in a …

Cityland – Vol. 4, No. 7, Center For New York City Law

CityLand - 2007

The August 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council held a hearing on a proposed Charter amendment to allow Council review of BSA decisions. Rezoning plans were approved for Fort Greene/Clinton Hill and Dyker Heights/Fort Hamilton, and a home in Douglaston was re-designated after a court voided its inclusion. Competing redevelopment plans for Manhattanville were submitted by Columbia University and Tuck-It-Away Storage. The Planning Commission approved the East River Esplanade plan and the expansion of the Hunts Point pollution plant. A public hearing was held on the environmental …

9th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2007, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.

Summary Of Halverson V. Hardcastle, 123 Nev. Adv. Op. No. 29, Jennifer Arias

Nevada Supreme Court Summaries

Petition granted in part and denied in part for a writ of quo warranto challenging a chief justice’s authority to require another district judge to meet with a committee of judges, to remove and reassign that judge’s criminal caseload, and to temporarily bar that judge from entering the courthouse.

Cityland – Vol. 4, No. 6, Center For New York City Law

CityLand - 2007

The July 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council adopted a new Building Code, the first major revision since 1968, to take effect in July 2008. A joint oversight hearing examined EDC’s $3 billion redevelopment plan for Willets Point, raising concerns over displacement and eminent domain. The Council approved the sale of air rights from a City-owned site in Downtown Brooklyn to facilitate a residential tower. Columbia University and Community Board 9 submitted competing development plans for Manhattanville. Solow Properties filed applications for a major redevelopment of the …