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Articles 151 - 180 of 246
Full-Text Articles in Administrative Law
Appeal No. 0781: Boardman Local School District Board Of Education V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0781: Boardman Local School District Board Of Education V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2007-40 (Ohio Valley Energy Systems)
Appeal No. 0782: Ohio Valley Energy Systems Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0782: Ohio Valley Energy Systems Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2007-40
Appeal No. 0780: Pioneer Productions, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Appeal No. 0780: Pioneer Productions, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2007-35
Cityland – Vol. 5, No. 1, Center For New York City Law
Cityland – Vol. 5, No. 1, Center For New York City Law
CityLand - 2008
The February 2008 issue of CityLand highlights major land use developments and legal decisions in New York City. Key stories include the City Council’s approval of Columbia University’s Manhattanville expansion and Community Board 9’s 197-a plan, the designation of the Eberhard Faber Pencil Company Historic District, and the approval of Solow’s modified development plan for the former Con Edison site. The issue also covers the proposed Hudson Square North rezoning, the creation of the Park Slope Fifth Avenue BID, and the Planning Commission’s approval of Kaufman Astoria Studios’ mixed-use development. Landmark designations include the DUMBO Historic District and hearings on …
Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley
Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley
American University Law Review
No abstract provided.
The State Attorney General And Preemption, Trevor W. Morrison
The State Attorney General And Preemption, Trevor W. Morrison
Cornell Law Faculty Publications
According to the National Association of Attorneys General, "the rise of preemption of state laws and regulations by federal administrative agencies, rather than directly by Congress" is "[p]erhaps the most significant development in federal preemption in the last several decades." This kind of preemption is typically claimed in an agency ruling or regulation declaring certain state laws or activities preempted, even though the underlying statute says nothing about preemption in those areas. That an association of state attorneys general would view "agency preemption" as particularly worrisome is hardly surprising: the main casualties are often state attorneys general, whose broad investigative …
Brief Of Amicus Curiae Aarp In Support Of Respondents, Warner-Lambert Company Llc V. Kent, No. 06-1498 (U.S. Jan. 18, 2008), Kathryn A. Sabbeth, David C. Vladeck
Brief Of Amicus Curiae Aarp In Support Of Respondents, Warner-Lambert Company Llc V. Kent, No. 06-1498 (U.S. Jan. 18, 2008), Kathryn A. Sabbeth, David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Improving Post-Approval Risk Surveillance For Drugs: Active Post-Market Risk Identification, Matthew Gordon
Improving Post-Approval Risk Surveillance For Drugs: Active Post-Market Risk Identification, Matthew Gordon
Michigan Telecommunications & Technology Law Review
Pre-approval clinical trials cannot possibly ensure that a drug will not have disastrous side effects once it arrives on the market. Post-approval drug safety data gathering was put in place to address this problem, but as implemented, it has not proven to be as effective as hoped. Congress recently overhauled the legislation regarding post-approval drug risk identification, and in doing so made a deliberate decision to put much of the burden of post-approval drug surveillance on the FDA through data mining. Further, the legislation gave the FDA the power to require post-approval clinical trials from drug makers only in limited …
The Mismatch Between Public Nuisance Law And Global Warming, David A. Dana
The Mismatch Between Public Nuisance Law And Global Warming, David A. Dana
Faculty Working Papers
The federal courts using the common law method of case-by-case adjudication may have institutional advantages over the more political branches, such as perhaps more freedom from interest group capture and more flexibility to tailor decisions to local conditions. Any such advantages, however, are more than offset by the disadvantages of relying on the courts in common resource management in general and in the management of the global atmospheric commons in particular. The courts are best able to serve a useful function resolving climate-related disputes once the political branches have acted by establishing a policy framework and working through the daunting …
No Two-Stepping In The Laboratories: State Deference Standards And Their Implications For Improving Chevron Doctrine, Michael Pappas
No Two-Stepping In The Laboratories: State Deference Standards And Their Implications For Improving Chevron Doctrine, Michael Pappas
Faculty Scholarship
This article examines the deference standards that the various states apply to agency statutory interpretation and analyzes the implications for the federal Chevron doctrine. First, the article surveys state standards for reviewing agencies' statutory interpretation, finding that none of the state standards exactly follows the federal Chevron test but that state standards fall into one of four categories ranging from "strong deference" to "de novo with deference discouraged." The article then examines four particular state standards in depth, discovering that states tend to use the same methods, tools, and processes for statutory interpretation despite the different announced degrees of deference. …
Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala
Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala
The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
Scholarly Publications
The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person’s situation will influence human decisionmaking. This human propensity has biased law and public policy against environmental and ecological protection because the putative economic victims of environmental regulation are usually easily identifiable workers that lose their jobs, while the beneficiaries—people who avoid a premature death from air or water pollution, people who would be saved by medicinal compounds available only in rare plant and animal species, and …
Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank
Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank
Faculty Articles and Other Publications
In Massachusetts v. EPA, 127 S. Ct. 1438 (2007), the Supreme Court held that carbon dioxide (CO²) and other greenhouse gases (GHGs) are air pollutants within the meaning of the Clean Air Act (CAA). Although its decision on the merits is important, the Court's conclusion that Massachusetts had standing to file suit because states are entitled to more lenient standing criteria may have a greater impact in the long-term on legal doctrine. In Massachusetts, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent …
Ossification’S Demise? An Empirical Analysis Of Epa Rulemaking From 2001-2005,, Stephen M. Johnson
Ossification’S Demise? An Empirical Analysis Of Epa Rulemaking From 2001-2005,, Stephen M. Johnson
Articles
For more than a decade, academics have suggested agencies are increasingly avoiding notice and comment rulemaking because the process has become “ossified” by procedures imposed by Congress, courts and the Executive Branch, and because the rules ultimately issued by agencies are frequently challenged. This article reviews the rules the United States Environmental Protection Agency (EPA) issued between 2001 and 2005 to determine the validity of those criticisms. With regard to judicial challenges, 75% of EPA’s most important (“economically significant”) rules issued between 2001 and 2005 were challenged in court. This is consistent with the anecdotal claims of former EPA Administrators …
Energy Efficiency And Federalism, Ann E. Carlson
Energy Efficiency And Federalism, Ann E. Carlson
Michigan Law Review First Impressions
The U.S. system for regulating appliances—which account for a huge percentage of the nation’s carbon emissions—is a mess. Since the federal government began regulating appliance efficiency in the 1970s, the process has been characterized by frequent delays and foot-dragging, followed by lawsuits and legislative overhauls. Amidst the turmoil, a number of states have attempted to assert leadership in setting appliance standards but have often faced federal roadblocks in doing so.
Administrative Law's Federalism: Preemption, Delegation And Agencies At The Edge Of Federal Power, Mark Seidenfeld, Brian Galle
Administrative Law's Federalism: Preemption, Delegation And Agencies At The Edge Of Federal Power, Mark Seidenfeld, Brian Galle
Scholarly Publications
This Article critiques the practice of limiting federal agency authority in the name of federalism. Existing limits bind agencies even more tightly than Congress. For instance, although Congress can regulate to the limits of its commerce power with a sufficiently clear statement of its intent to do so, absent clear congressional authorization an agency cannot, no matter how clear the language of the agency’s regulation. Similarly, although Congress can preempt state law, albeit only when its intent to do so is clear, some commentators have read a line of Supreme Court decisions to hold that agencies cannot, except upon Congress’s …
Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson
Using A Wiki To Increase Student Engagement In Administrative Law, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
Administrative law is one of the courses students love to hate. This is particularly true in schools where Admin is a required course, since many students in the class would not take it otherwise, and gripe about being forced to. The problem with Admin law – for both the teacher and the student – is that it is such a vast topic that teaching it in a manner students can comprehend is diffi cult. When I was asked to teach Admin law last year, I looked at this as a challenge, rather than a burden. Because I am fairly comfortable …
In Search Of Robin Hood: Suggested Legislative Responses To Kelo, Mark Seidenfeld
In Search Of Robin Hood: Suggested Legislative Responses To Kelo, Mark Seidenfeld
Scholarly Publications
No abstract provided.
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
UIC Law Review
No abstract provided.
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
UIC Law Review
No abstract provided.
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
UIC Law Review
No abstract provided.
Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall
UIC Law Review
No abstract provided.
First Things First: A Principled Approach To Patent Administrative Law, 42 J. Marshall L. Rev. 29 (2008), Kali Murray
First Things First: A Principled Approach To Patent Administrative Law, 42 J. Marshall L. Rev. 29 (2008), Kali Murray
UIC Law Review
No abstract provided.
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Cardozo Journal of Equal Rights & Social Justice
The article examines the lessons learned from Hurricane Katrina, emphasizing that while natural disasters are inevitable, their impact can be significantly mitigated through improved planning, addressing social vulnerabilities, and learning from past failures. It argues that Katrina's devastating effects were exacerbated by existing social issues and inadequate preparedness, highlighting the need for comprehensive strategies to reduce future risks.
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
West Virginia Law Review
No abstract provided.
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Villanova Environmental Law Journal (1991 - )
No abstract provided.