Administrative Law Commons^™

Appeal No. 0785: Hall & Horning Oilfield V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-56 (Oravec Well #1)

Appeal No. 0795: Mike Johnson, Dba Johnson Oil & Gas V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-16

Cityland – Vol. 5, No. 9, Center For New York City Law

CityLand - 2008

The October 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council postponed a vote on the Hospital for Special Surgery’s expansion plan, while approving the Waldheim rezoning in Flushing despite civic opposition. The City Planning Commission modified the Dutch Kills rezoning to increase FAR for certain uses and approved the East Harlem redevelopment plan. The Fulton Street BID was approved, and the Budget Rent-a-Car rezoning and street demapping in Queens were finalized. The issue includes court decisions upholding landmark designations for the City and Suburban Homes Estate and compelling the NYSDEC …

A Response To Professor Camp: The Importance Of Oversight, Leslie Book

Working Paper Series

In past writings and in an upcoming article by Professor Bryan Camp, The Problem of Adversarial Process in the Administrative State, 83 IND. L. J. ### (2008), Professor Camp criticizes the procedural protections Congress added in the tax collection process, noting the limitations of adversary proceedings in the IRS’s tax collection process. In particular, Professor Camp strongly criticizes the collection due process (CDP) rights that were part of the landmark IRS Restructuring and Reform Act of 1998. Given the size of the tax gap, and likely increasing calls for the IRS to do a better job in reducing that tax …

Land & Water Planning In The Middle Valley, Sandy Fish

Publications

No abstract provided.

Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons

Publications

No abstract provided.

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

Publications

No abstract provided.

Are We Making The Land/Water Connection?, Lora A. Lucero

Publications

No abstract provided.

Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley

Scholarly Works

This Article discusses the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU. It compares these respective rights and safeguards and explains how U.S. and EU procedures for agency adjudications are converging. Part II sets out the fundamental principles of American due process and EU right to be heard jurisprudence. Part III provides a detailed analysis of the rights of defense in the EU and highlights how this bundle of rights parallels the rights to notice and opportunity to be heard …

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

Publications

No abstract provided.

Regulating Land Use - Protecting The Water, Joseph Quintana

Publications

No abstract provided.

Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson

Michigan Law Review

It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits orjustifications, reduces the agency's responsiveness to the preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian problems inherent in bureaucratic policymaking. An elected politician, though responsive to majoritarian preferences, will almost always deviate from the majority in one direction or the other Therefore, even if the average policy position of a given elected official tends to track the policy views of the median voter …

Summary Of Canyon Villas V. State, Tax Comm’N, 124 Nev. Adv. Op. No. 7, Casey G. Perkins

Nevada Supreme Court Summaries

Appeal from a district court order denying judicial review of property tax valuation.

The Deregulatory State, Lawrence O. Gostin

O'Neill Institute Papers

Public health can be achieved only through collective action, not through individual endeavor. Collective goods are essential conditions for health, but can be secured only through a well-regulated society. Yet, successive governments have eroded health and safety protections, with serious consequences. Think about the death of miners, lead in children’s toys, industrial solvents in toothpaste, salmonella in peanut butter, e-coli in spinach, and unsafe or ineffective pharmaceuticals such as COX-2 inhibitors or non-statin cholesterol medications.

Conservatives have waged a campaign against the administrative state that has created and reinforced deep-seated concerns about over-bearing government, particularly at the national level. The …

Cityland – Vol. 5, No. 8, Center For New York City Law

CityLand - 2008

The September 2008 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Rockaway rezoning plan and the NoHo Historic District extension, including the controversial Whitehouse Hotel. Amendments to the Hudson Yards zoning text were adopted, and the Council passed new site safety laws for construction workers. The City Planning Commission heard testimony on the East Village/Lower East Side rezoning, the Hunter’s Point South redevelopment, and approved plans for the Whitney Museum’s downtown expansion and the Hospital for Special Surgery’s River Building over the FDR Drive. Staten Island’s new courthouse …

Summary Of Dutchess Business Services, Inc.; And Legend Pharmaceuticals, Inc. V. Nevada State Board, 124 Nev. Adv. Op. No. 63, Elham Roohani

Nevada Supreme Court Summaries

Appeal from a district Court order denying review of a Nevada State Board of Pharmacy Decision to revoke wholesaler licenses and impose fines.

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

Washington and Lee Law Review

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …

Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins

Washington and Lee Law Review

No abstract provided.

Hamifkad Haleumi V. Attorney General, Miriam Naor, Edmond E. Levy, Dorit Beinisch, Esther Hayut, Ayala Procaccia, Asher Grunis, Salim Joubran

Translated Opinions

Facts: The petitioner is a private company working for the promotion of political program to solve the Israeli-Arab conflict. It applied to the respondents for permission to expose the public to the central principles of its political program by way of advertisements on television and radio. Due to the political contents of the advertisements the Authorities rejected the applications, relying on, respectively, Broadcasting Authority’s Rules - (Advertisements and Notifications on Radio) and the  Second Authority Rules (Ethics in Advertising in Radio Broadcast)  and (Ethics in Television Advertising) (hereinafter-the Rules).

The petitioner contested this refusal in the High Court of Justice, …

Cityland – Vol. 5, No. 7, Center For New York City Law

CityLand - 2008

The August 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council approved a compromise rezoning for Hudson Square and a rezoning for Mott Haven to allow 600 new housing units. A text amendment was passed to protect Carroll Gardens from out-of-context development. Proposed changes to the Hudson Yards zoning text drew criticism from elected officials and community boards. The Planning Commission approved a 63-story tower at 610 Lexington Avenue using air rights from the landmarked Seagram Building. A controversial redevelopment plan for East Harlem was criticized for proceeding without a selected …

Brief Of Amici Curiae Former Fda Commissioners Dr. Donald Kennedy And Dr. David A. Kessler In Support Of Respondent, Wyeth V. Levine, No. 06-1249 (U.S. Aug. 14, 2008), Kathryn A. Sabbeth, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Wyeth V. Levine: Brief Of Amicus Curiae Constitutional And Administrative Law Scholars In Support Of Respondent, Nina A. Mendelson

Appellate Briefs

Amici are scholars who teach and write about federal preemption of state law. Mindful of the gap that sometimes exists between the academy and the concerns of the bench and bar, we seek to bring our scholarship to bear on the particular preemption questions at issue in this case. Our scholarly interest in preemption arises from teaching and writing in a variety of related fields, including constitutional law, administrative law, health law, and torts.

This case implicates three critical issues in the law of preemption. First, Petitioner's amici have launched a broad attack on this Court's longstanding "presumption against preemption," …

Appeal No. 0793: City Of Munroe Falls, Ohio V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision Granting Permit (D&L Energy, Inc.)

10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Appeal No. 0784: Todd & Carolyn Kennedy, Shakuntaka & Dinkar Rao V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-48

Louzon V. Government Of Israel, Dorit Beinisch, Asher Grunis, Miriam Naor

Translated Opinions

This Petition challenges the exclusion of the medication “Erbitux” among the state provided health services, which are publically funded. The medication Erbitux is a new drug for the treatment of colon cancer.

The Supreme Court, sitting as a High Court of Justice, held as following:

It is doubtful whether the demand for public funding of new medications may find a hold in the hard core of the constitutional rights detailed in the Basic Law. Even under a broad interpretive approach with expand the constitutional scope of the right to dignity beyond the necessary minimum in the context of welfare and …

Appeal No. 0790: Hall & Horning Oilfield Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-90

Appeal No. 0794: David Kauffman V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-02

Give The Tax Court Transfer Power And Plenary Civil Tax Jurisdiction, Steve R. Johnson

Scholarly Publications

A recent decision again raises questions about the powers that the Tax Court does and should possess. In Mobley v. Commissioner, No. 07-2019 (6th Cir. July 8, 2008), Doc 2008-14970, 2008 TNT 132-13, the Sixth Circuit affirmed a procedural decision of the Tax Court. The Tax Court dismissed a petition because it lacked jurisdiction, and it rejected the taxpayers’ request to transfer the case to a district court. The Tax Court concluded, and the Sixth Circuit agreed, that the Tax Court lacks transfer power. Under 28 U.S.C sections 1631 and 610, the power to transfer cases is conferred only upon …

Cityland – Vol. 5, No. 6, Center For New York City Law

CityLand - 2008

The July 2008 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved a controversial 400-space parking garage in Midtown and landmarked Webster Hall in the East Village. The Planning Commission heard testimony on the Rockaway rezoning plan and reduced the scope of the Hudson Square rezoning. A text amendment was proposed to protect Carroll Gardens from out-of-context development. Landmark hearings included revised plans for St. Vincent’s Hospital and the Domino Sugar Refinery addition, both receiving mixed responses. The Commission also considered landmark status for Chase Manhattan Plaza and NYU’s Silver Towers. …