Administrative Law Commons^™

Chevron In The Circuit Courts: The Codebook Appendix, Kent H. Barnett, Christopher J. Walker

Scholarly Works

For our empirical study on the use of Chevron deference in the federal courts of appeals, we utilized the following Codebook. This Codebook draws substantially from the codebook appended to William Eskridge and Lauren Baer's pathbreaking study of administrative law's deference doctrines at the Supreme Court. Our research assistants and we followed the instructions below when coding judicial decisions. To address questions as they arose and to ensure consistent coding, we maintained close contact with each other and our research assistants throughout the project and clarified the Codebook to address additional issues. Further details concerning our methodology (and its limitations) …

Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage

Sea Grant Law Fellow Publications

From 2014 to 2016, Rhode Island Shellfish growers applied for a series of leases to produce oysters in close proximity to lands used for waterfowl hunting. The emerging conflict between these uses required the relevant agencies to seek modifications to minimize problems and highlighted a need to better understand the relevant authorities governing these agencies. This study provides an overview of how state and federal legal authorities govern the interaction of shellfish leasing and waterfowl management in Rhode Island, including whether shellfish leasing may be considered incidental take under federal law.

The Total Takings Myth, Lynn E. Blais

Fordham Law Review

For almost thirty-five years, the U.S. Supreme Court has attempted to carve out a total takings doctrine within its regulatory takings jurisprudence. Most regulatory takings claims are evaluated under the “ad hoc” threefactor test first articulated in Penn Central Transportation Co. v. City of New York. Exceedingly few of these claims are successful. But the Court has identified certain categories of government actions that are compensable takings per se, otherwise known as total takings. This began in 1982 with Loretto v. Teleprompter Manhattan CATV Corp., where the Court held that a land use ordinance requiring a landowner to …

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …

Chevron In The Circuit Courts, Kent Barnett, Christopher J. Walker

Michigan Law Review

This Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevrondeference— the doctrine under which courts defer to a federal agency’s reasonable interpretation of an ambiguous statute that it administers. Based on 1,558 agency interpretations the circuit courts reviewed from 2003 through 2013 (where they cited Chevron), we found that the circuit courts overall upheld 71% of interpretations and applied Chevrondeference 77% of the time. But there was nearly a twenty-five-percentage-point difference in agency-win rates when the circuit courts applied Chevrondeference than when they did …

State Engineer V. Eureka County, 133 Nev. Adv. Op. 71 (Sep. 27, 2017), Michelle Harnik

Nevada Supreme Court Summaries

In an en banc appeal from a district court order, the Court affirmed the district court’s order granting the existing holders of water rights’ petition for judicial review and vacating a limited liability company’s permits to appropriate water as proper and in compliance with the Court’s prior mandate.

Center For Biological Diversity V. Jewell, Lowell J. Chandler

Public Land & Resources Law Review

The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. …

Pepperdine University School Of Law: Legal Summaries, Jane Seo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office Of The District Of Columbia Auditor

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Law: Historical Origins Of America’S Administrative Exceptionalism, Reuel Schiller

The Judges' Book

No abstract provided.

Administrative Law: The Importance Of Regional Administration To Federalism, Dave Owen

The Judges' Book

No abstract provided.

Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh

Nevada Law Journal

No abstract provided.

The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia, Pavel Syosoevich Pastukhov, Svetlana Polyakova, Evelina Frolovich

Journal of Digital Forensics, Security and Law

The paper is aimed to analyze implementation of an integrated information system that provides forecasting, monitoring, prevention and elimination of possible threats, such as violation of information support of public authorities, businesses and municipal services and others as well as control of elimination of consequences of emergency situations and offenses with integration under its control action information and control duty subsystems, control, municipal services for their operational cooperation in the interests of of the municipality. In particular, it consideres how this unified system is applied in accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (USAIS) …

Problems Of Conducting Equal Education Rights For Non-Formal Education: Challenges For Batam Local Government, Win Sherly Tan

Indonesia Law Review

In order to fulfill the right to education as mandated by the 1945 Constitution, non-formal education has been introduced in Indonesian society. Non-formal education is provided for in Article 26 paragraphs 1-7 of Law No. 20 of 2003 on the National Education System. Since this provision has been mandated by the Law, the question arises as to whether the Government of Batam City has efficiently implemented the right to education for all. Another question is whether the system for implementing equal education through Community Learning Centers and Homeschooling in Batam City aimed at assisting the Batam City Government is the …

Central Bank Transparency In Indonesia: A Law And Economic Perspective, Safari Kasiyanto

Indonesia Law Review

This paper studies the manner in which central bank transparency has been implemented in Indonesia, and the impact of transparency on the central bank’s performance in achieving its goals. First, a normative analysis is conducted to seek the regulatory framework for central bank transparency. Secondly, a performance analysis is carried out to observe the extent to which central bank transparency has been implemented in Indonesia, and the impact it brings on the central bank’s performance in conducting monetary policy. Finally, an international practice analysis is performed to set a benchmark based on the manner in which transparency has been implemented …

Appeal No. 0943: Mario V. D/Amico V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-94

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that …

Appeal No. 0932: Steven Passerell V. Division Of Oil & Gas Resources Management & Michael D. Hobbs, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-304 (H&R Smith Unit #1 Well)

Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt

The Business, Entrepreneurship & Tax Law Review

This article examines the Treasury’s 2017 proposals refining Section 170(h). This article assesses the likely effects of the Treasury’s proposals by discussing their impact in four key ways: (1) the new requirements placed on “qualified organizations” who receive conservation easement contributions; (2) donors’ increased substantiation requirements; (3) the exclusion of golf courses from Section 170(h) eligibility; and (4) the pilot conservation easement tax credit program. For each of these, this article will: examine the category’s current Section 170(h) regulatory treatment, if any, outline what the new proposals require, and then walk through the likely effects of these proposals. This article …

Transportation Network Companies' Ability To Sustain Success Amid Growing Regulation By Local Governments, Molly Parato

The Business, Entrepreneurship & Tax Law Review

Companies like Uber and Lyft have irreparably disrupted the taxicab industry, but as the law catches up with these new TNCs, the companies will have to take into consideration the extensive legal fees required in order to either fight or reshape transportation regulations. This is most evident for Uber, the largest TNC, which is currently facing more litigation than any other startup in the world.

This paper will first examine the pricing strategies of TNCs and how their entrance into the market has affected the taxicab industry. This paper will then discuss Uber specifically to determine whether the larger litigation …

Pardon And Parole In Prohibition-Era New York: Discretionary Justice In The Administrative State, Carolyn Strange

Osgoode Hall Law Journal

Historians of early-modern England and British colonies have productively applied Douglas Hay’s germinal study of mercy. In contrast, historians of the United States have overlooked the utility of the conceptual tools Hay provided to prize open the mitigation of punishment across time and place. In the decade that followed the First World War, disputes over the proper role of mercy and administrative discretion were as heated as they were in Hanoverian England. In Jazz Age New York, fears of gangsterism and concern over the apparent laxity of parole regulations put the proponents of Progressive penology on the defensive. This article …

City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith

Nevada Supreme Court Summaries

The Court reviewed an appeal to determine whether an appellant: (1) “properly sought the disclosure of public records by a writ of mandamus,” and (2) whether medical marijuana establishments (“MMEs”) business license identifying information must be disclosed pursuant to the Nevada Public Records Act. The Court held that NRS 239.011 provides the specific means by which to challenge the disclosure of public records, and thus Respondent properly filed a petition for a writ of mandamus. Additionally, pursuant to NRS 453A.370(5), the Department of Health and Human Services’ Division of Public and Behavior Health (“Division”) has the proper authority to adopt …