Administrative Law Commons^™

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

Journal Articles

No abstract provided.

United States Food Law Update, A. Bryan Endres

Journal of Food Law & Policy

Michael T. Roberts and Margie Alsbrook noted in the Journal's inaugural Food Law Update that "[t]he one constancy about food law in the United States is change, especially in a rapidly-developing food industry." This observation holds true today and also augurs a change in authorship of this section of the Journal. I hope to follow my colleagues' lead and provide timely and cogent updates of the federal (and occasionally state) statutes, regulations, and judicial decisions impacting food law and policy. It is both an honor and a duty, as food and its legal implications remain in many respects "the world's …

A Reality Check On An Empirical Study: Comments On "Inside The Administrative State", Sally Katzen

Michigan Law Review

Presidential control is the term used for the process (or some would say, the model) by which agency decision-making (more particularly, rulemaking) is brought under the direction of the president to "render such decision- making accountable and effective." Until now scholars, who have generally endorsed both the theory and the practice of the process, have written from the perspective of those who exercise presidential control - those at the White House or the Office of Information and Regulatory Affairs ("OIRA"). In a recent article in the Michigan Law Review, Lisa Schultz Bressman and Michael Vandenbergh ("the authors") decided to …

The Patent Reform Act Of 2007: Hearing Before The Subcomm. On Courts, The Internet, And Intellectual Property Of The H. Comm. On The Judiciary, 110th Cong., April 26, 2007 (Statement Of John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Cityland – Vol. 4, No. 3, Center For New York City Law

CityLand - 2007

The April 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved redevelopment of the former Jamaica Courthouse into a mixed-use building incorporating the historic facade. The Planning Commission approved the sale of a former firehouse with a restriction for community use and a 369-space garage in Battery Park City. BSA decisions included a contentious appeal over a Breezy Point home, variances for residential buildings in Tribeca, and legalization of a NoHo hotel. Landmarks held a new hearing on re-inclusion of a Douglaston home into a historic district and calendared …

Abu-Madigam V. Israel Land Administration, Salim Joubran, Edna Arbel, Miriam Naor

Translated Opinions

Facts: In response to large scale incursions onto state land in the Negev by Bedouins and their planting of agricultural crops on that land, the respondents decided to destroy the crops by spraying herbicide from the air. The petitioners challenged this policy on the grounds that the spraying of herbicide was done ultra vires and also endangered the health and dignity of Bedouins in the vicinity of the spraying. The respondents denied that the herbicide used presented any risks to health.

Held: (Justice Joubran) The respondents have no power under the law to spray herbicide in order to prevent incursions …

Summary Of Richardson Constr. V. Clark Cty. Sch. Dist., 123 Nev. Adv. Op. 8, Joshua Woodbury

Nevada Supreme Court Summaries

Richardson Construction appeals a district court order determining that NRS 338.1381 does not permit a private cause of action.

Summary Of Byford V. State, 123 Nev. Adv. Op. 9, Joshua Woodbury

Nevada Supreme Court Summaries

Byford appeals an order of the Eighth Judicial District Court, Clark County, denying a postconviction writ of habeas corpus.

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

Buffalo Environmental Law Journal

No abstract provided.

Of Rules And Standards: Reconciling Statutory Limitations On "Arising Under" Jurisdiction, Richard D. Freer

Indiana Law Journal

No abstract provided.

Judicial Review Of Agency Noncompliance With Public Land Manuals, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Is There A Possible Role For Regulatory Enforcement In The Effort To Value, Protect, And Restore Ecosystem Services?, David Markell

Scholarly Publications

No abstract provided.

"Quotidian" Judges Vs. Al-Qaeda, Mark S. Davies

Michigan Law Review

In Terror in the Balance: Security, Liberty, and the Courts, University of Chicago law professors Eric A. Posner and Adrian Vermeule invite those of us worried about the American response to al-Qaeda to consider the proper role of judges. Judges, of course, are not being dispatched to the hills of Pakistan nor are they securing our borders or buildings. But as the executive seeks to implement a range of new policies in the name of protecting us from al-Qaeda, the judicial treatment of these policies shapes the American response. Posner and Vermeule suggest a kind of Hippocratic view of …

The Group Dynamics Theory Of Executive Compensation, Michael B. Dorff

Cardozo Law Review

No abstract provided.

The Bioethics Of Prospective Parenthood: In Pursuit Of The Proper Standard For Gatekeeping In Infertility Clinics, Richard F. Storrow

Cardozo Law Review

No abstract provided.

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.

Full Committee Hearing On The Importance Of Patent Reform On Small Business: Hearing Before The H. Comm. On Small Business, 110th Cong., Mar. 29, 2007 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.

Cityland – Vol. 4, No. 2, Center For New York City Law

CityLand - 2007

The March 2007 issue of CityLand covers significant land use, preservation, and development actions across New York City. The City Council approved a modified bulk waiver for West 60th Street Associates’ mixed-use development, limiting its applicability to Manhattan Community Board 7. Council also passed amendments to the Department of Buildings’ self-certification program, tightening rules and enforcement. The Planning Commission approved the creation of the Court Livingston Schermerhorn BID in Downtown Brooklyn. BSA decisions included a variance for residential conversion in Carroll Gardens and legalization of a New York Sports Club in SoHo. Landmarks rejected designation of the Renaissance Ballroom in …

Revitalizing The Presumption Against Preemption To Prevent Regulatory Gaps: A Case Study Of Judicial Tolerance Of Illegal Railroad Waste Transfer Stations, Carter H. Strickland Jr.

Rutgers Law School (Newark) Faculty Papers

This article addresses the problem of regulatory gaps that are created through imprecise preemption rulings. It begins with a detailed case study of how railroads were able to enter the highly regulated solid waste industry, to claim that all state oversight is preempted by a federal statute intended to deregulate railroad economics, and to obtain the economic benefits of operating in a regulatory gap. The net result of current preemption doctrine in those cases has been to strip citizens of the power to ensure that waste transfer stations are safe, and this fundamental injustice serves as a backdrop to analyzing …

Competition After Unbundling: Entry, Industry Structure, And Convergence, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak

Federal Communications Law Journal

In the last few years, U.S. telecoms policy has shifted from encouraging the sharing of existing networks to facilitating the deployment of advanced communications networks. Given the large capital expenditures required for these networks, there can be only a few of such networks. In light of the natural forces that limit the number of facilities-based suppliers, it is vital for policymakers to investigate and implement rules that make markets more conducive to facilities-based entry and eliminate any existing rules that discourage deployment. The purpose of this Article is to provide a simple conceptual framework to evaluate the effect of particular …

Does Video Delivered Over A Telephone Network Require A Cable Franchise?, Robert W. Crandall, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

This Article examines whether, on legal or policy grounds, video services provided over a telephone network should be regulated as a traditional cable service or whether a different approach is warranted. The Authors find that municipal franchise requirements for video services provided over telephone networks would reduce consumer welfare. The Authors estimate that, even without considering any welfare gains owing to higher quality, the consumer welfare gains from entry exceed the potential loss in franchise fee revenue to municipalities by a factor of nearly three to one.

Necessary Knowledge For Communications Policy: Information Asymmetries And Commercial Data Access And Usage In The Policymaking Process, Philip M. Napoli, Michelle Seaton

Federal Communications Law Journal

Communications policymaking increasingly relies upon research derived from large-scale databases manufactured and marketed by commercial organizations. One byproduct of this situation is that substantial inequalities in access to these data arise. These information asymmetries can result in research that fails to reflect the policy considerations of the full range of interested stakeholders. This Article explores these issues via a case study of the FCC's 2003 media ownership proceeding and offers suggestions for how existing disparities in access to policy-relevant data might be addressed.

Echelon's Effect: The Obsolescence Of The U.S. Foreign Intelligence Legal Regime, Matt Bedan

Federal Communications Law Journal

The technological progress of the past thirty years has vastly increased the surveillance capabilities of the global intelligence community. At the same time, the law governing the use of this technology and its consequent information has remained largely static. This lack of adjustment, for better or worse, has rendered federal foreign intelligence surveillance law irrelevant in many respects.

The Telecommunications Economy And Regulation As Coevolving Complex Adaptive Systems: Implications For Federalism, Barbara A. Cherry

Federal Communications Law Journal

Satisfying the constraints for sustainable regulatory telecommunications policies is more challenging for regulatory regimes based on competition than monopoly. In an earlier paper, Johannes Bauer and I used complexity theory to improve our understanding of the requirements for sustainable telecommunications policies, showing that regulation has a diminishing capacity to achieve specifically desired outcomes and greater attention must be paid to the adaptability of policies and policymaking processes themselves. The present Article examines the implications of the complexity theory perspective for federalism. Federalism is a distinctive (patching) algorithm that confers system advantages for adaptability through diversity and coupling of policymaking jurisdictions-mechanisms …

Running On Empty: Will Exxon Mobil Cause A Breakdown For Chevron And The Administrative State?, Meredith Abernathy

Washington and Lee Law Review

No abstract provided.

Why Preemption Proponents Are Wrong, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

The basic idea of federal preemption is easily stated: It is a constitutionally mandated principle that demands that federal law trumps state law when the two conflict or in the rare instances when a federal law is so comprehensive that there’s no role left for state law to fill. But in practice, courts have often had difficulty applying the principle.

For plaintiff lawyers, preemption is an ever-present worry. When your client has been injured by a defective car, truck, medical device, boat, tobacco product, pesticide, or mislabeled drug, or has been victimized by a bank or other lending institution, the …

Appeal No. 0772: Mike Johnson V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-105

Cityland – Vol. 4, No. 1, Center For New York City Law

CityLand - 2007

The February 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council re-designated the First Avenue Estate buildings in Lenox Hill, reversing a 1990 Board of Estimate decision. A controversial rezoning in Douglaston and Little Neck was modified and approved. The Planning Commission approved a rezoning and special permits for a mixed-use development near Lincoln Center, including a new bulk waiver affecting ten community districts. BSA decisions included variances for a modern condo on Greenwich Avenue, denial of a catering hall in a Brooklyn yeshiva, and refusal to grandfather Park Slope …

Antitrust Process And Vertical Deference: Judicial Review Of State Regulatory Inaction, Jim Rossi

ExpressO

Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other – especially as traditional governmental functions are privatized and as economic regulation advances beyond its traditional role to address market monitoring. This Article defends a process-based account of the state action antitrust exception against alternative interpretations, such as the substantive efficiency preemption approach recently advanced by Richard Squire, and elaborates on what such a process-based account would entail for courts addressing the role of state economic regulation as a defense in antitrust cases. It recasts the debate as focused …