Administrative Law Commons^™

Enhancing Accountability At The Department Of Veterans Affairs: The Legality Of The Veterans Access, Choice, And Accountability Act Of 2014 Under The Due Process Clause, Ashton Habighurst

Catholic University Law Review

In April 2014, news of long delays at the Phoenix VA Medical Center and the subsequent deaths of forty Veterans awaiting medical appointments shocked the nation. Based on this perceived failure among VA’s senior medical staff, legislation swept through the House and the Senate in an attempt to enhance accountability at the VA. By August 2014, President Obama signed the Veterans Access, Choice and Accountability Act of 2014 into law. This Act revises the termination procedures concerning the VA’s senior executives, by eliminating the notice requirement, significantly reducing the appellate procedures for adverse employment decision to the Merit Systems Protection …

Appeal No. 0895: Gary L. Teeter Revocable Trust, V. Division Of Oil & Gas Resources Management And R.E. Gas Development, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-544 (R.E. Gas Development, LLC; Grunder North Unit)

Tate V. State, Bd. Of Med. Exam’Rs, 131 Nev. Adv. Op. 67 (Sep. 10, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order denying an injunction challenging the constitutionality of a statute prohibiting stay of Board of Medical Examiners decision. The Court revered and remanded the district court’s order because the statute prohibiting district courts from entering a stay of a decision of the Board of Medical Examiners pending judicial review violates the separation of powers doctrine as a matter of first impression.

The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey Carson, Izabela Correa

Osgoode Hall Law Journal

In Brazil’s battle against corruption over the past two decades, there has been significant progress associated with the systems of oversight and investigation but very little progress in holding corrupt actors legally accountable for their transgressions. We suggest that until very recently this could be partially explained by the fact that there was institutional multiplicity (i.e., duplication of functions) in oversight and investigative institutions, while at the punishment stage, a single and underperforming institution—the judiciary—exercised monopolistic authority. To circumvent the limits associated with Brazilian courts, the government is increasingly relying on administrative sanctions for corruption. It is in this context …

The Systematic Risk Of Private Funds After The Dodd-Frank Act, Wulf A. Kaal

Michigan Business & Entrepreneurial Law Review

The Financial Stability Oversight Council (FSOC) was created under the Dodd-Frank Act with the primary mandate of guarding against systemic risk and correcting perceived regulatory weaknesses that may have contributed to the financial crisis of 2008-2009. The Securities and Exchange Commission (SEC) collects data pertaining to private fund advisers in order to facilitate FSOC’s assessment of non-bank financial institutions’ potential systemic risks. Evidence that the SEC’s data collection encounters accuracy and consistency problems might hamper FSOC’s ability to evaluate the systemic risk of private fund advisers. The author shows that while the SEC’s data plays a crucial role in all …

Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin

West Virginia Law Review

No abstract provided.

The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake

Cornell Law Faculty Publications

This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA”) issued …

Acus - And Administrative Law - Then And Now, Michael Herz

Articles

The Administrative Conference of the United States (ACUS) both shapes and reflects the intellectual, policy, and practical concerns of the field of administrative law. Its recommendations are therefore a useful lens through which to view that field. Also, because of an unfortunate hiatus, ACUS has gotten underway not once but twice. Those two beginnings provide a kind of natural experiment, and they make a revealing contrast. This article traces the transformations of American administrative law, as well as the field’s perpetual concerns, by comparing the initial recommendations of ACUS 1.0 (1968 to 1970) with the initial recommendations of ACUS 2.0 …

Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-120; Chapman #1 Well

Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)

Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)

Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union, Adam D.K. Abelkop, John D. Graham

Pace Environmental Law Review

The purpose of this Article is to compare the regulatory systems in Canada and the EU, and use comparative insights to draw some lessons that may be of interest to U.S. policy makers engaged in TSCA reform. CEPA and REACH are seen by stakeholders as state of the art in chemicals assessment and management, and thus the U.S. may draw useful insights from them. Indeed, the European Union and Canada have each been urging other countries to join in a globalization of the REACH or Canadian programs, respectively. Regardless of what TSCA reformers choose to learn from the Canadian and …

Western Watersheds Project V. Jewell, Hannah S. Cail

Public Land & Resources Law Review

The Idaho District Court granted WWP’s motion for summary judgment and denied those of the BLM and intervener Cattle Associations. WWP alleged the BLM failed to protect sage grouse in some 600 grazing permit decisions issued by the Burley Field Office. The court found the decisions insufficient under NEPA because the BLM did not consider the cumulative impacts of grazing permit renewals on sage grouse.

Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins

Akron Law Review

The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.

Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-412

Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-119; Shah-Shah-Patel #2 Well

Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-94

Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision (Application to Operate Facility)

Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)

Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change, Patricia Ravenscraft, Elizabeth Reilly

Akron Law Review

"ONE NEED not do extensive research into the historical background of bingo or lottery regulation in the State of Ohio before becoming aware that the current state of confusion in the law is not without precedent. Particularly in the large metropolitan centers, regulating and policing schemes and games of chance have presented a perennial problem.' With the advent of constitutionally authorized charitable bingo in November of 1975,' several legislative regulatory schemes were enacted. Each eventually gave rise to a more serious proliferation of problems in enforcing the legislative limitations. The critical proportions of the bingo problem were reflected in Amended …

High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore

Public Land & Resources Law Review

High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …

Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip Hamburger

Notre Dame Law Review

Exclusion from the political process is a central question in American law. Thus far, however, it has not been recognized how religious Americans are excluded from the political process and what this means for religious equality. Put simply, both administrative lawmaking and § 501(c)(3) of the Internal Revenue Code substantially exclude religious Americans from the political process that produces laws. As a result, apparently equal laws are apt, in reality, to be unequal for religious Americans. Political exclusion threatens religious equality. The primary practical conclusion concerns administrative law. It will be seen that this sort of “law” is made through …

A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census, Khaled A. Beydoun

Michigan Law Review First Impressions

“Arab Americans are white?” This question—commonly posed as a demonstration of shock or surprise—highlights the dissonance between how “Arab” and “white” are discursively imagined and understood in the United States today. These four words also encapsulate the dilemma that currently riddles Arab Americans. The population finds itself interlocked between formal classification as white, and de facto recognition as nonwhite. The Office of Management and Budget (OMB), the government agency that oversees the definition, categorization, and construction of racial categories, currently counts people from the Middle East and North Africa (MENA) as white. The United States Census Bureau (Census Bureau), the …

Nontaxable Transfers; Interest-Free Loans; Crown V. Commissioner, Linda Haught Robb

Akron Law Review

"INTEREST-FREE FAMILY LOANS remain outside the purview of the federal estate and gift tax statutes despite the recent efforts of the Internal Revenue Service to convince the judiciary that, in such loans, the fair market value of the foregone interest is a gift. This is an extrapolation of the Service's efforts to find income to the recipient in other interest-free money situations. In light of the Service's limited activity in dealing with tax consequences of the interest-free loans, the Seventh Circuit's decision in Crown v. Commissioner' will be an important reference for estate and tax planning. Doubtlessly, the Service will …

First Amendment; Freedom Of Speech; Commerical Speech And Advertising; Metpath, Inc. V. Imperato, Sheryl S. Kantz

Akron Law Review

"The decision of Metpath, Inc. v. Imperato is indicative of the growing trend of the judiciary toward affording "commercial speech" the protective shield of the first amendment. As shown by Metpath, where the concern is advertising by a medical clinic, speech with commercial overtones is afforded protection where a public interest in the subject and content of the speech is demonstrated. However, the perimeters of such protection have not been defined by this or previous decisions."

First Amendment; Freedom Of Speech; Broadcasting; Obscenity; Fcc V. Pacifica Foundation, James E. Moliterno

Akron Law Review

“ ‘I was thinking about the curse words and the swear words, the cuss L words and the words you can't say . . .the words you couldn't say on the public, ah, airwaves... the ones that will curve your spine [and] grow hair on your hands ....’ While this is the satiric opinion of George Carlin, the Federal Communications Commission (FCC) and a bare majority of the United States Supreme Court have embraced it as their genuine opinion.' They have decided to protect the public from the fate of hearing Carlin's social criticism regarding seven ‘dirty’ words.”

A Legal Overview Of The Osha Noise Standard, Peter T. Parashes

Akron Law Review

SINCE AUGUST 27, 1971, when it became effective, the Occupational Safety and Health Administration's (OSHA) regulation concerning noise levels has been the source of considerable controversy and confusion.... The law concerning the noise standard is itself far from settled. The multitude of decisions from the Occupational Safety and Health Review Commission...and administrative law judges have left many questions unanswered and have allowed substantial uncertainty to remain regarding the interpretation and application of the standard

Nontaxpayer Suits: Seeking Injunctive And Declaratory Relief Against Irs Administrative Action, John A. Lynch

Akron Law Review

Who should be entitled to challenge Internal Revenue Service (IRS) tax policy decision making? Should the concerned citizen or the aggrieved competitor of a company receiving favorable treatment from the IRS be precluded from seeking review of allegedly illegal action when his own taxes are not specifically involved? ...

It is clear from an analysis of recent decisions that several federal courts have been unwilling to accept the proposition that the Anti-Injunction Act and the Declaratory Judgment Act exception insulate the IRS from judicial scrutiny even when judicial intervention would pose no threat to federal revenues. An analysis of the …

17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Occupational Safety And Health Act, Industrial Union V. American Petroleum Institute, Patrick M. Vitone

Akron Law Review

The Occupational Safety and Health Administration [hereinafter cited as OSHA] was created pursuant to Title 29 of the United States Code, to define the terms of this battle. In Industrial Union v. American Petroleum Institute, the federal judiciary has taken a hand at making these terms somewhat more clear. It is the object of this casenote to analyze the impact of the Industrial Union decision on the regulatory processes of OSHA, a task which involves a synthesis of the plurality, concurring and dissenting opinions.