Administrative Law Commons^™

Sirius Mistake: The Fcc's Failure To Stop A Merger To Monopoly In Satellite Radio, Leigh M. Murray

American University Law Review

No abstract provided.

Who Should Regulate? Federalism And Conflict In Regulation Of Green Buildings, Shari Shapiro

William & Mary Environmental Law and Policy Review

No abstract provided.

Substantive Review In Appellate Courts Since Dunsmuir, Gerald P. Heckman

Osgoode Hall Law Journal

In Dunsmuir v. New Brunswick, the Supreme Court re-examined its approach to judicial review of administrative decisions to develop a "more coherent and-workable" framework. It merged the deferential standards of reasonableness simpliciter and patent unreasonableness into a single reasonableness standard and emphasized the importance of precedent in determining the standard applicable to a specific category of decision makers. The author makes a preliminary assessment of Dunsmuir's impact on judicial review through an analysis of recent Canadian appellate decisions. He concludes that, white Dunsmuir simplifies the standard of review analysis by encouraging courts' reliance on satisfactory precedents and guidelines to determine …

Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell

Faculty Works

No abstract provided.

Cityland – Vol. 6, No. 8, Center For New York City Law

CityLand - 2009

The September 2009 issue of CityLand highlights key land use and preservation developments in New York City. The City Council approved a special permit for a residential project in Carnegie Hill and denied a sidewalk café permit for Spitzer’s Corner on the Lower East Side. The City Planning Commission held hearings on the FRESH grocery store incentive program, the Carroll Gardens/Columbia Street rezoning, and a City Island development seeking a height waiver. The Commission also approved the Sunset Park rezoning plan. BSA decisions included variances for residential use in Mott Haven and a rear yard waiver in Crown Heights. Landmark …

Removal To Federal Courts From State Administrative Agencies: Reevaluating The Functional Test, Erica B. Haggard

Washington and Lee Law Review

No abstract provided.

Eurocom Dbs V. Bezeq, Esther Hayut, Eliezer Rivlin, Elyakim Rubinstein

Translated Opinions

Facts: Bezeq, the Israel Telecommunications Corporation Ltd., held 49.78% of the shares of “Yes” D.B.S. Satellite Services (1998) Ltd. Another 32.6% of the Yes shares are held by Eurocom D.B.S Ltd. Yes is one of only two providers in the multi-channel television broadcast infrastructure market and in the multi-channel television broadcasting market. The other multi-channel television provider in the market is “Hot”. Bezeq is a public company licensed to provide internal fixed line services, including fixed line telephony and Internet infrastructure. Bezeq also provides the public with a wide variety of communications services through its subsidiary and affiliated companies, …

Appeal No. 0812: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And D & L Energy, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

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

Cityland – Vol. 6, No. 7, Center For New York City Law

CityLand - 2009

The August 2009 issue of CityLand covers major land use, zoning, and preservation developments in New York City. The City Council approved the Port Authority’s ARC rail station project, rezoning plans for Middle Village/Maspeth, Flatbush, DUMBO, and Greenpoint-Williamsburg, and a modified Coney Island revitalization plan with increased affordable housing and preservation of the Wonder Wheel. The Department of City Planning withdrew its Brighton Beach rezoning proposal due to stakeholder disagreements. Landmark coverage includes final approval of the St. Vincent’s Hospital redevelopment, hearings on the West Park Presbyterian Church and IRT Powerhouse designations, and criticism of a proposed rooftop addition in …

Regis Ltd. V. Trabelsi, Miriam Naor, Edna Arbel, Elyakim Rubinstein

Translated Opinions

Facts: The respondent company, Dan Rolider Ltd., purchased heavy engineering equipment from the appellant, Regis Ltd., and agreed that a charge would be placed upon the equipment in favor of the appellant. The appellant failed to register the charges with the Registrar of Companies within the statutory 21 days. The appellant defaulted on its debt to the respondent, the CEO and controlling shareholder of the appellant company died, and an application was made to liquidate the company. Following the application for liquidation of the company, the respondent filed an application with the Registrar of Companies to extend the period …

Depoliticizing Judicial Review Of Agency Rulemaking, Scott A. Keller

Washington Law Review

Administrative law doctrines for reviewing agency rulemaking, such as the Supreme Court’s dicta in Motor Vehicle Manufacturers Ass’n v. State Farm Mutual Automobile Insurance Co. and the D.C. Circuit’s hard look doctrine, give judges significant discretion to invalidate agency rules. Many commentators recognize that this discretion politicizes judicial review of agency rulemaking, as judges appointed by a president of one political party are more likely to invalidate agency rules promulgated under the presidential administration of a different political party. Unelected judges, though, should not be able to use indeterminate administrative law doctrines to invalidate agency rules on the basis …

Advertising Trends And Consumer Protection: Hearing Before The S. Comm. On Commerce, Science And Transportation, 111th Cong., July 22, 2009 (Statement Of David Vladeck, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

No abstract provided.

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

CityLand - 2009

The July 2009 issue of CityLand highlights major land use, zoning, and preservation developments in New York City. The City Council approved Fordham University’s Lincoln Center expansion plan with modifications to building height and bulk, and passed Two Trees Management’s Dock Street DUMBO development despite controversy over views of the Brooklyn Bridge. The Council also approved rezoning plans for Canarsie, Cord Meyer–Forest Hills, and the Lower Concourse in the Bronx, aiming to preserve neighborhood character and improve waterfront access. The City Planning Commission advanced the modified Coney Island redevelopment plan. BSA decisions included vested rights approval for a Lower East …

The High Costs Of Costs: Fees As Barriers To Access Within The United States And Canadian Freedom Of Information Régimes, Zachary Pall

Cardozo Public Law, Policy & Ethics Journal

The article argues that the fee structures under the United States Freedom of Information Act (FOIA) and the Canadian Access to Information Act create significant barriers to accessing government records, undermining the principle of transparency. While both systems aim to balance access with resource management, the U.S. system is particularly criticized for its complexity and inefficiency, which discourages requesters and fails to serve the public interest. The Canadian system, though flawed, offers a more streamlined approach that could provide valuable lessons for reforming the U.S. system.

Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz

Cardozo Public Law, Policy & Ethics Journal

The Freedom of Information Act (FOIA) is increasingly outdated in the digital age due to its reliance on a request-driven model, which limits proactive disclosure of government information. The article argues that while FOIA was groundbreaking in its time, its failure to require agencies to affirmatively disclose information hinders transparency and public access, emphasizing the need for a shift towards a more proactive approach in line with modern technological capabilities.

Appeal No. 0800: Edward H. Everett Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-55

Appeal No. 0811: Lawrence & Shalynew Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-91 (Everflow Eastern Partners, L.P.)

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

CityLand - 2009

The June 2009 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved Two Trees Management’s controversial Dock Street DUMBO development and its Clinton Park mixed-use tower. The City Planning Commission held hearings on the comprehensive Coney Island rezoning and a proposed Brighton Beach rezoning, both met with community concerns. Staten Island’s Cross Access Connection proposal was advanced to reduce traffic congestion. Landmark coverage includes the designation of the Fillmore Place and Audubon Park Historic Districts, and hearings on the St. Vincent’s Hospital redevelopment and a preschool conversion in the Upper West …

Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO

14 slides

Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Adam Schempp, Environmental Law Institute, Washington, DC

12 slides

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides

Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

20 slides

Slides: Economic Incentives For Demand Reduction, Christopher Goemans

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Christopher Goemans, Department of Agriculture & Resource Economics, Colorado State University

17 slides

Slides: Indian Water Rights, Robert T. Anderson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School

19 slides

Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Craig Bell, Western Water States Council, Midvale, Utah

9 slides

Slides: Opportunities: Softer Paths?, Sarah Bates

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Sarah Bates, Public Policy Research Institute, University of Montana

2 slides

Slides: Status Of Southern Nevada Water Authority (Snwa): Third Intake Into Lake Mead And Groundwater Project, Kay Brothers

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Kay Brothers, Southern Nevada Water Authority (SNWA), Las Vegas, NV

37 slides

Slides: Northern Integrated Supply Project, Northern Front Range--Colorado, Don Carlson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Don Carlson, Northern Colorado Water Conservancy District

20 slides

Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona

24 slides

Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Steve Malloch, Senior Western Water Program Manager, National Wildlife Federation, Seattle, WA

38 slides