Administrative Law Commons^™

Regulation Room: How The Internet Improves Public Participation In Rulemaking, Jackeline Solivan, Cynthia R. Farina

Cornell e-Rulemaking Initiative Publications

Cornell eRulemaking Initiative (CeRI) designed and operated Regulation Room, a pilot project that provides an online environment for people and groups to learn about, discuss, and react to selected proposed federal rules. The project is a unique collaboration between CeRI academic researchers and the government. The U.S. Department of Transportation (USDOT) was CeRI's first agency partner and chose Regulation Room as its first open government "flagship initiative." USDOT received a White House Open Government Leading Practices Award for its collaboration in the project. CeRI owns, designs, operates, and controls Regulation Room, but works closely with partner agencies to identify suitable …

Resolving The Alj Quandary, Kent Barnett

Vanderbilt Law Review

Federal administrative law judges ("ALJs") understand Euripides's irony all too well. They, along with Article I judges, are the demigods of federal adjudication. As both courts and ALJs have noted, the function of ALJs closely parallels that of Article III judges. ALJs hear evidence, decide factual issues, and apply legal principles in all formal administrative adjudications under the Administrative Procedure Act ("APA"). Indeed, they outnumber Article III judges and decide more than two hundred and fifty thousand cases each year. But they lack the defining characteristics of Article III deities.

Article III judges are installed under the Appointments Clause, enjoy …

Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader

Chicago-Kent Law Review

The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …

Midnight Rules: A Reform Agenda, Jack M. Beermann

Michigan Journal of Environmental & Administrative Law

There is a documented increase in the volume of regulatory activity during the last ninety days of presidential administrations when the President is a lame duck, having either been defeated in a bid for re-election or being at the end of the second term in office. This includes an increase in the number of final rules issued as compared to other periods. The phenomenon of late-term regulatory activity has been called “midnight regulation,” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Article looks closely at one species of …

Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson

Michigan Journal of Environmental & Administrative Law

The application of the Endangered Species Act to water resources has generated much controversy in the American West. In several western river basins, however, Recovery Implementation Programs (RIPs) provide an alternative, collaborative approach to ESA compliance. These programs offer an enhanced role for states and stakeholders in ESA decisionmaking, and increased certainty that ESA requirements will not disrupt ongoing water project operations and established uses. This Article examines the origins, purposes, and elements of various RIPs, with particular emphasis on these programs’ approach to compliance with the requirements of ESA section 7 for federal agency actions. The Article also considers …

Making Method Visible: Improving The Quality Of Science-Based Regulation, Pasky Pascual, Wendy Wagner, Elizabeth Fisher

Michigan Journal of Environmental & Administrative Law

Scientific inferences are theories about how the world works that scientists formulate based on their observations. One of the most difficult issues at the intersection of law and science is to determine whether the weight of evidence supports one scientific inference versus other competing interpretations of the observations. In administrative law, this difficulty is exacerbated by the behavior of both the courts and regulatory agencies. Agencies seldom achieve the requisite visibility that explains the analytical methods they use to reach their scientific inferences. Courts—because they appreciate neither the variety of inferential methods nor their epistemic foundations—do not demand this level …

Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford

Indiana Law Journal

No abstract provided.

Dissenting State Patent Regimes, Camilla A. Hrdy

IP Theory

No abstract provided.

The Law Professor As Faculty Athletics Representative: Some Random Thoughts After Two Years, David E. Shipley

Scholarly Works

It is a pleasure to write an essay about something I really enjoy, and it is especially pleasing not to worry about footnotes. I have been a law professor since 1977, and in August 2012, I started my 35th year of teaching. It is still fun to be in the classroom; my students energize me, teaching remains a challenge and being a productive scholar is important. I am one of those professors who likes his law school, university and professional service commitments. I am fortunate to have the best job in higher education: being a tenured law professor. My service …

Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon

Faculty Publications

The Patient Protection and Affordable Care Act (PPACA) provides tax credits and subsidies for the purchase of qualifying health insurance plans on state-run insurance exchanges. Contrary to expectations, many states are refusing or otherwise failing to create such exchanges. An Internal Revenue Service (IRS) rule purports to extend these tax credits and subsidies to the purchase of health insurance in federal exchanges created in states without exchanges of their own. This rule lacks statutory authority. The text, structure, and history of the Act show that tax credits and subsidies are not available in federally run exchanges. The IRS rule is …

Conservative Principles For Environmental Reform, Jonathan H. Adler

Faculty Publications

The nation’s environmental regulatory architecture may not have changed significantly over the past few decades, but the range of environmental problems has. Regulatory measures designed to address the industrial pollution of the twentieth century are poorly suited to address the more complex and difficult challenges of the twenty-first.

There is an urgent need to debate the future of environmental protection in this country. If the debate is to be productive, it needs to span the political spectrum. Therein lies a problem: It is unclear whether many on the political right are prepared to engage in serious policy discussion about the …

Appeal No. 0841: Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2011-49

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Social Security's Compassionate Allowances: Innovative Initiative Or Deceptive Smokescreen, Michael Boyd

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

How Detailed Of An Explanation Is Required When An Administrative Agency Changes An Existing Policy? Implications And Analysis Of Fcc V. Fox Television Stations, Inc. On Administrative Law Making And Television Broadcasters, David Lee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, Nancy A. Welsh

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Ordinary Administrative Law As Constitutional Common Law , Gillian E. Metzger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

From Conflict To Conflict Resolution: Establishing Alj Driven Mediation Programs In Workers' Compensation Cases , Howard W. Cummins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Naalj Membership Application And Questionnaire, Katherine Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries, Daniel Lamb

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Master Or Chancellor? The Workers' Compensation Judge And Adjudicatory Power, David B. Torrey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq

Journal of the National Association of Administrative Law Judiciary

Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases available …

Tel Aviv-Jaffa District Commander V. Israel Internet Association, Uzi Vogelman, Asher Grunis, Noam Sohlberg

Translated Opinions

Facts: In August 2010, the Israel Police ordered major Israeli Internet access providers to block access to eight gambling websites operating outside the State of Israel. The orders were based on section 229 of the Penal Law that permits the District Police Commander to order the closure of any illegal gaming, lottery, or gambling place. The access providers complied with the orders and the Israel Internet Association petitioned the Administrative Affairs Court against the District Commander, contesting the closure, in the interests of Israeli web-users and the general public. The Internet access providers did not petition against the closure of …

Evidence-Based Federal Civil Rulemaking: A New Contemporaneous Case Coding Rule, Will Rhee

Pace Law Review

This Article proposes a new Federal Rule concerning the federal courts’ online case management/electronic case filing system (CM/ECF). Whenever a party, the court clerk, or the presiding judge in a civil lawsuit electronically files a document, the Model Rule requires her to answer standardized online questions about that document. These questions are limited to indisputable factual information about case-related outcomes. By answering these questions, the filer codes research variables contemporaneously with the filing of every document. Such mandatory contemporaneous coding would provide comprehensive, reliable, and inexpensive descriptive empirical data6 for evidence-based rulemaking. This Federal Courts CM/ECF Descriptive Dataset should be …

Cityland – Vol. 10, No. 2, Center For New York City Law

CityLand - 2013

This issue of CityLand covers key land use and preservation developments in New York City as of March 2013. Highlights include City Council Speaker Christine Quinn’s State of the City Address, which focused on affordable housing and middle-class support. The Council held hearings on the Special Hudson Square District rezoning, with concerns raised about open space and landmarking the adjacent South Village. The Council also approved the rezoning of the Maple Lanes Bowling Alley site in Brooklyn for a 112-unit residential development and a synagogue. The City Planning Commission approved the Hudson Square rezoning with modifications, including height adjustments and …

Legal Summaries , Oscar Gutierrez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.