Administrative Law Commons^™

Cityland – Vol. 5, No. 4, Center For New York City Law

CityLand - 2008

The May 2008 issue of CityLand covers major land use and development initiatives across New York City. Highlights include the City Council’s approval of the 125th Street rezoning plan in Harlem, with modifications to address affordable housing and displacement concerns. The issue also reports on proposed zoning changes in Hudson Square, the certification of the Willets Point redevelopment plan, and revisions to the Coney Island rezoning. Landmark coverage includes the controversial MoMA tower proposal and St. Vincent’s Hospital expansion in Greenwich Village. The Economic Development Corporation announces RFPs for redevelopment projects at Bellevue Hospital, Kingsbridge Armory, and Stillwell Avenue in …

Haifa University V. Oz, Esther Hayut, Miriam Naor, Dorit Beinisch

Translated Opinions

Facts:  The petitioner employed respondents 1-3 (hereinafter – the respondents) as lecturers in the Theatre Department. Against the background of complaints concerning the management of the department, an Investigative Committee was established, which decided not to renew the employment of respondents 2-3 and to transfer respondent 1 to another department. The Regional Labour Court rejected the respondent's request to order the petitioner to provide them with all of the material relied upon by the Committee, including protocols and testimony, ruling that the material they had received sufficed to allow for an adequate response on the respondents' part to the claims. …

Summary Of Father & Sons & A Daughter Too Vs. Transp. Servs. Auth. Of Nev., 124 Nev. Adv. Op. 24, Danielle Tarmu

Nevada Supreme Court Summaries

Consolidated appeal from a district court order denying Father & Sons & a Daughter Too’s (FSD2) petition for judicial review regarding citations for two violations of NRS 706.386. The Court holds that FSD2 had held itself out to be a common motor carrier and substantial evidence supported the determination that it had violated NRS 706.386.

Active Learning For E-Rulemaking: Public Comment Categorization, Stephen Purpura, Claire Cardie, Jesse Simons

Cornell e-Rulemaking Initiative Publications

We address the e-rulemaking problem of reducing the manual labor required to analyze public comment sets. In current and previous work, for example, text categorization techniques have been used to speed up the comment analysis phase of e-rulemaking - by classifying sentences automatically, according to the rule-specific issues [2] or general topics that they address [7, 8]. Manually annotated data, however, is still required to train the supervised inductive learning algorithms that perform the categorization. This paper, therefore, investigates the application of active learning methods for public comment categorization: we develop two new, general-purpose, active learning techniques to selectively sample …

A Study In Rule-Specific Issue Categorization For E-Rulemaking, Claire Cardie, Cynthia R. Farina, Adil Aijaz, Matt Rawding, Stephen Purpura

Cornell e-Rulemaking Initiative Publications

We address the e-rulemaking problem of categorizing public comments according to the issues that they address. In contrast to previous text categorization research in e-rulemaking [5, 6], and in an attempt to more closely duplicate the comment analysis process in federal agencies, we employ a set of rule-specific categories, each of which corresponds to a significant issue raised in the comments. We describe the creation of a corpus to support this text categorization task and report interannotator agreement results for a group of six annotators. We outline those features of the task and of the e-rulemaking context that engender both …

Facilitating Issue Categorization & Analysis In Rulemaking, Thomas R. Bruce, Claire Cardie, Cynthia R. Farina, Stephen Purpura

Cornell e-Rulemaking Initiative Publications

One task common to all notice-and-comment rulemaking is identifying substantive claims and arguments made in the comments by stakeholders and other members of the public. Extracting and summarizing this material may be helpful to internal decisionmaking; to produce the legally required public explanation of the final rule, it is essential. When comments are lengthy or numerous, natural language processing and machine learning techniques can help the rulewriter work more quickly and comprehensively. Even when a smaller volume of comment material is received, the ability to annotate relevant portions and store information about them in a way that permits retrieval and …

An Erulemaking Corpus: Identifying Substantive Issues In Public Comments, Claire Cardie, Cynthia R. Farina, Matt Rawding, Adil Aijaz

Cornell e-Rulemaking Initiative Publications

We describe the creation of a corpus that supports a real-world hierarchical text categorization task in the domain of electronic rulemaking (eRulemaking). Features of the task and of the eRulemaking domain engender both a non-traditional text categorization corpus and a correspondingly difficult machine learning task. Interannotator agreement results are presented for a group of six annotators. We also briefly describe the results of experiments that apply standard and hierarchical text categorization techniques to the eRulemaking data sets. The corpus is the first in a series of related sentence-level text categorization corpora to be developed in the eRulemaking domain.

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Working Paper Series

This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …

A Study In Rule-Specific Issue Categorization For E-Rulemaking, Claire Cardie, Cynthia R. Farina, Adil Aijaz, Matt Rawding, Stephen Purpura

Cornell Law Faculty Publications

We address the e-rulemaking problem of categorizing public comments according to the issues that they address. In contrast to previous text categorization research in e-rulemaking, and in an attempt to more closely duplicate the comment analysis process in federal agencies, we employ a set of rule-specific categories, each of which corresponds to a significant issue raised in the comments. We describe the creation of a corpus to support this text categorization task and report interannotator agreement results for a group of six annotators. We outline those features of the task and of the e-rulemaking context that engender both a non-traditional …

Cityland – Vol. 5, No. 3, Center For New York City Law

CityLand - 2008

The April 2008 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Major stories include the City Council’s approval of Sheldon Solow’s East River development and the 125th Street rezoning plan in Harlem. The issue also reports on the Williamsburg Grand Street rezoning, the withdrawal of a controversial loft conversion in Bushwick, and the MTA’s selection of Tishman Speyer’s $1B proposal for Hudson Yards. Landmark coverage includes the designation of Webster Hall, a proposed extension of the NoHo Historic District, and a hearing on St. Michael’s Church. Legal updates feature court …

Does The Supreme Court Still Matter?, Timothy B. Dyk

American University Law Review

No abstract provided.

The U.S. Patent And Trademark Office's Proposed Information Disclosure Statement Rules: Too Novel And Nonobvious, Russell S. Magaziner

Indiana Law Journal

No abstract provided.

Forward, John S. Applegate, Robert L. Fischman

Indiana Law Journal

Scientific information has become a centralr ationalef or environmental regulation, and scientific uncertainty is viewed as a major obstacle in developing, justifying, and enforcing environmental laws and policies. In the context of environmental regulation, scientific information may be analyzed as subject to both supply and demand. A regulatory system that supplies more scientific information than it demands can operate effectively to impose protective regulation. By contrast, a system that demands more information than it supplies will face a "data gap "and will fail to accomplish its protective goals. The data gap can be addressed by applying regulatory techniques that increase …

Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Cardozo Journal of International and Comparative Law

The article argues that the use of the Freedom of Information Act (FOIA) by illegal aliens to obtain necessary documents for their removal hearings is ineffective and unfair. The government withholds crucial information, such as asylum interview notes, under FOIA exemptions, particularly exemption (b)(5), which is intended for internal memos and attorney work product. This practice denies asylum seekers the ability to prepare their cases adequately, leading to unfair removal hearings and violating their due process rights. The author advocates for legislative reform to ensure fair access to information and a meaningful opportunity to be heard.

Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak

Cardozo Journal of International and Comparative Law

The note examines the global e-waste crisis, focusing on the regulatory frameworks in the European Union, United States, and Japan. It critiques the effectiveness of Extended Producer Responsibility (EPR) models and highlights the challenges of enforcing e-waste policies across jurisdictions. The author argues for a balanced approach in U.S. policy, combining elements of the EU’s EPR framework with considerations for domestic and international implications to address the environmental and health risks posed by e-waste.

Temporary Accidents?, M. Elizabeth Magill

Michigan Law Review

In Part I of this Review, I will summarize Croley's book, focusing on his powerful critique of public choice theory and the alternative account that he develops and defends. Part II assesses the book, arguing that Croley is successful in demonstrating agency autonomy but less successful in showing that either administrator motivations or the administrative process tend to make agencies regulate in welfare-enhancing ways. As is often the case, the critique is more powerful than the construction of the alternative account. Even so, Croley's book should alter debates over the possibility of good government by placing the agency and how …

What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok

Michigan Law Review

Twenty years ago, Deborah Hensler and a team of scholars at the RAND Corporation's Institute for Civil Justice issued a report entitled Trends in Tort Litigation: The Story Behind the Statistics. Pressure had been mounting both in the business community and the Republican Party to "reform" tort law throughout the 1980s. There was concern that Americans "egged on by avaricious lawyers, sue[d] too readily, and irresponsible juries and activist judges wayla[id] blameless businesses at enormous cost to social and economic well-being." The RAND report argued that the real risk of a torts "explosion" came from the world of mass …

Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler

Faculty Publications

Although economic theory would predict that states would lag behind federal efforts to control environmentally harmful emissions, there has been far more action on climate change in state capitols than in Washington, D.C. Without federal action, states have stepped in to fill the policy void on climate change. State-level action on climate change is unlikely, in itself, to have much impact on atmospheric concentrations of greenhouse gases or projected rates of future warming. Nonetheless, the level of state activity is significant.

The aggressiveness of state climate policy initiatives, and potential conflict between federal and state regulatory measures, provides an opportunity …

Promoting Equality After Genocide, Sheri P. Rosenberg

Articles

The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …

Agenda: Securing Environmental Flows On The Colorado River In An Era Of Climate Change: Issues, Challenges, And Opportunities, Western Water Policy Program, University Of Colorado Boulder. Natural Resources Law Center, Nature Conservancy (U.S.), Trout Unlimited, Environmental Defense (Organization), Western Water Assessment (Program), Western Resource Advocates, United States. Bureau Of Reclamation

Securing Environmental Flows on the Colorado River in an Era of Climate Change: Issues, Challenges and Opportunities (March 21)

The Colorado River is the primary surface water resource of the Southwest, providing water to approximately 30 million residents. Studies and policy decisions associated with a recently completed EIS point to an ever-tightening water supply due to longstanding growth pressures exacerbated by significant climate change impacts. Given these trends, how can the river’s environmental needs be satisfied?

On March 21st, the Center’s Western Water Policy Program brought together four leading Colorado River experts along with an audience of approximately 70 water professionals to discuss “Securing Environmental Flows on the Colorado River in an Era of Climate Change: Issues, Challenges, and …

Appeal No. 0792: Circleville Gas Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-81

Cityland – Vol. 5, No. 2, Center For New York City Law

CityLand - 2008

The March 2008 issue of CityLand covers significant land use developments and legal decisions in New York City. Highlights include City Council hearings on Solow Properties’ East Side development and Community Board 6’s 197-a plan, the approval of Karl Fischer-designed condos in Borough Park, and the Planning Commission’s actions on the Sunnyside Gardens Historic District and Grand Street rezoning in Williamsburg. The issue also reports on BFC Partners’ affordable housing project in Stapleton, Staten Island. BSA hearings include the Trump SoHo condo-hotel appeal and a variance request by Congregation Shearith Israel. Landmark coverage features the controversial Domino Sugar Factory redevelopment, …

Public-Private Partnerships And Insurance Regulation, Alexander A. Boni-Saenz

All Faculty Scholarship

A public-private partnership (PPP) is an institutional arrangement that embodies a collaborative approach to policy and regulation; it is a joint venture between the government and one or more private sector entities. Joint financing partnerships link public financing and private insurance to pay for certain social goods. Where the financing for social goods is fragmented and overlapping, as it is for health and social care, joint financing PPPs may help organize existing financing streams. This piece argues that partnerships of this type also present an opportunity for consumer-protective regulation of the insurance industry if certain conditions are met. Private insurers …

Direct Marketing, Mobile Phones, And Consumer Privacy: Ensuring Adequate Disclosure And Consent Mechanisms For Emerging Mobile Advertising Practices, Nancy J. King

Federal Communications Law Journal

Advertisers are poised to deliver advertising to cell phones in the U.S. This emerging advertising context is called mobile advertising. It will generate a host of privacy and personal data issues for consumers and for mobile advertisers, mobile phone manufacturers, and mobile carriers. This Article focuses on the existing federal regulatory environment applicable to mobile advertising and consumer privacy, the role of federal administrative agencies that enforce consumer privacy regulation, and the potential for industry selfregulation, particularly privacy policies, to enhance consumer privacy. It assesses the adequacy of the existing federal consumer privacy regulation as well as potential consumer remedies …

Law And Governance In The 21st Century Regulatory State, Jason M. Solomon

Scholarly Works

Legal scholarship and pedagogy on the regulatory state are at parallel, important junctures, and two new books stand at the cutting edge. The first, Law and New Governance in the EU and the US, edited by Gráinne de Búrca and Joanne Scott, is a collection of works by some of the leading scholars in the "new governance" field. New governance scholars have both described and laid the theoretical foundation for what they see as promising and innovative efforts to address public problems. These efforts attempt to be less hierarchical, more transparent, and more democratic than traditional top-down forms of …

The Two-Step Evidentiary And Causation Quandary For Medium- Specific Laws Targeting Sexual And Violent Content: First Proving Harm And Injury To Silence Speech, Then Proving Redress And Rehabilitation Through Censorship, Clay Calvert

Federal Communications Law Journal

This Article argues that legislators today that want to suppress First Amendment-protected images of sexual and violent conduct conveyed on a specific medium face a steep two-step evidentiary burden. First, they must prove actual harm caused by the speech in question as it is conveyed on a specific medium--not the aggregate injury from viewing all media generallythat is sufficient to overcome free-speech rights. Second, even if sufficient harm from viewing violent or sexual content on a particular medium is proven by social science research, the government then must prove that its legislative remedy-its censorship of the harmful expression conveyed via …

Reassessing Turner And Litigating The Must-Carry Law Beyond A Facial Challenge, R. Matthew Warner

Federal Communications Law Journal

In recent decades, the must-carry rules have had a troubled constitutional history. After two sets of rules were struck down by the D.C. Circuit for violating the First Amendment rights of both cable programmers and operators, Congress revised the must-carry rules in the 1992 Cable Act. In 1997, the Supreme Court, in a 5-4 decision, determined that the congressional must-carry law was facially constitutional. However, does the Turner II decision preclude further First Amendment challenges to the must-carry law? This Note argues that the answer is no and that the time is drawing near for new challenges.

Carl Ramey's Mass Media Unleashed, Henry Geller

Federal Communications Law Journal

Book Review: Carl R. Ramey, Mass Media Unleashed: How Washington Policy Makers Shortchanged the American Public (2007).

This superb book treats an important issue: the proper regulatory policy for broadcasting in the twenty-first century. In it, Carl Ramey critiques the Federal Communications Commission's public trustee and deregulatory market policies and suggests that to meet the dynamic market and technological changes of this new century we should, among other things, free commercial broadcasters completely from public trustee requirements and eliminate FCC enforcement of its ownership and related rules. Based on the long experience of a communications lawyer who knows so well …

Skating Toward Deregulation: Canadian Developments, Timothy J. Brennan

Federal Communications Law Journal

Canada had recently undertaken significant steps to forbear from regulating the last regulated offering in the telecommunications sector, local exchange service. Tests that Canada's telecommunications regulatory agency had imposed were overturned by order from the Canadian Cabinet Ministers. Notably, competitors to the incumbent local exchange carriers ("ILECs"), primary cable systems offering voice over Internet protocol ("VoW"') service, argued for the retention of regulation to prevent the ILECs from cutting price to customers who had switched to cable VoIP or were most likely to do so. We review here both the institutional developments leading to the forbearance decision and a number …

Money Or Nothing: The Adverse Environmental Consequences Of Uncompensated Land Use Controls, Jonathan H. Adler

Faculty Publications

The conventional wisdom holds that requiring compensation for environmental land use controls would severely limit environmental protection efforts. There are increasing reasons to question this assumption. Both economic theory and recent empirical research--focused primarily on the Endangered Species Act but potentially applicable to other environmental regulations that create similar incentives--demonstrate that failing to compensate private landowners for the costs of regulation discourages voluntary conservation efforts and can encourage the destruction of environmental resources. The lack of a compensation requirement also means that land use regulation is "underpriced" as compared to other environmental protection measures for which government agencies must pay. …