Administrative Law Commons^™

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …

Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia

Seattle University Law Review

This Comment explores the current constitutional discourse of sanctuary laws and compares their various components. Part I provides background on the basic policy components of sanctuary laws and modern policies. Part II explores and compares the substantive legal and political value of sanctuary laws. This section will first assess the impact of sanctuary policies on existing immigration and constitutional law. In doing so, specific sanctuary jurisdictions involved in litigation, Seattle, San Francisco, and Chicago, and their likelihood of withstanding preemption under existing doctrine will be compared. The impact sanctuary laws may have on the Tenth Amendment will next be discussed. …

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …

Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz

Online Publications

Brett Kavanaugh is now Justice Kavanaugh. He has been nominated, confirmed and — in a private ceremony on Saturday conducted by Chief Justice John Roberts and the retired Justice Anthony Kennedy — sworn in. There is nothing left to do. So why is he scheduled to be at the White House on Monday evening for a public ceremony, one that President Trump has inaccurately called a “swearing-in ceremony”?

Some Aspects Of Public Service In Foreign Countries: A Comparative Legal Analysis, M Rakhimova

ProAcademy

This a rticle analyzes som e aspects re la te d to the process o f d ete rm in ing a n d d e ve lo p in g the civil service. The analysis o f p ractice o f a n um b e r o f W est countries a n d the R epublic o f U zbekistan on p u b lic service issues is given.

It Is Necessary To Adopt The Code Of Misdemeanors, M Mamasiddikov

ProAcademy

The article analyzes the le g a l fra m e w o rk fo r the provision o f p u b lic services in Uzbekistan, the p rio rity a rea s fo r re fo rm in g th e p u b lic service system, a n d a n analysis o f fo re ig n experience in the provision o f p u b lic services

Why And How Independent Agencies Should Conduct Regulatory Impact Analysis, Jerry Ellig

Cornell Journal of Law and Public Policy

Independent regulatory agencies face increasing pressure to conduct high-quality economic analysis of regulations, similar to the regulatory impact analysis conducted by executive branch agencies. Such analysis could be required by evolving judicial doctrines, regulatory reform statutes, or executive order. This article explains how regulatory impact analysis can contribute to smarter regulation, documents the current low quality of such analysis at many independent regulatory agencies, and offers a blueprint that independent agencies can use to build their capacity to conduct objective, high-quality analysis.

Agency Pragmatism In Addressing Law’S Failure: The Curious Case Of Federal “Deemed Approvals” Of Tribal-State Gaming Compacts, Kevin K. Washburn

University of Michigan Journal of Law Reform

In the Indian Gaming Regulatory Act of 1988 (IGRA), Congress imposed a decision-forcing mechanism on the Secretary of the Interior related to tribal-state compacts for Indian gaming. Congress authorized the Secretary to review such compacts and approve or disapprove each compact within forty-five days of submission. Under an unusual provision of law, however, if the Secretary fails to act within forty-five days, the compact is “deemed approved” by operation of law but only to the extent that it is lawful. In a curious development, this regime has been used in a different manner than Congress intended. Since the United States …

Eroding Immigration Exceptionalism: Administrative Law In The Supreme Court's Immigration Jurisprudence, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

Accusers As Adjudicators In Agency Enforcement Proceedings, Andrew N. Vollmer

University of Michigan Journal of Law Reform

Largely because of the Supreme Court’s 1975 decision in Withrow v. Larkin, the accepted view for decades has been that a federal administrative agency does not violate the Due Process Clause by combining the functions of investigating, charging, and then resolving allegations that a person violated the law. Many federal agencies have this structure, such as the Securities and Exchange Commission (SEC) and the Federal Trade Commission.

In 2016, the Supreme Court decided Williams v. Pennsylvania, a judicial disqualification case that, without addressing administrative agencies, nonetheless raises a substantial question about one aspect of the combination of functions at agencies. …

Infrastructural Exclusion And The Fight For The City: Power, Democracy, And The Case Of America's Water Crisis, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

Abandoned But Not Forgotten: Improperly Plugged And Orphaned Wells May Pose Serious Concerns For Shale Development, Bret Wells, Tracy Hester

Michigan Journal of Environmental & Administrative Law

This Article addresses the intersection of oil and gas law and environmental law on a topic that has profound significance for the nation’s oil industry and for the environment. In this regard, the Permian Basin is experiencing a renaissance that has fundamentally impacted oil production in the United States. Horizontal drilling and hydraulic fracturing now allow the industry to produce in the Permian Basin’s unconventional shale formations in ways that were unimaginable a decade ago. But, the hot shale plays within the Permian Basin exist above conventional fields that are littered with a century’s worth of abandoned wells. Fracturing new …

Patent Trolls, Nuisance Suits, And The Federal Trade Commission, Matthew Spitzer

North Carolina Journal of Law & Technology

The Federal Trade Commission’s (“FTC’s”) Patent Assertion Entity Activity Report (“The Report”) includes a path-breaking collection of data. The Report was compiled with the object of changing policy, both in Congress and before the courts. Because of the FTC’s ability to force businesses and individuals to provide information, a power that no ordinary researcher possesses, the FTC has amassed a data set that can potentially be of great value. For example, the Report’s description of litigation Patent Assertion Entities’ (“PAEs”) and portfolio PAEs’ structure and behavior is, although not entirely new, very instructive. Unfortunately, the FTC made analytical errors that …

Cybersecurity Of Autonomous Systems In The Transportation Sector: An Examination Of Regulatory And Private Law Approaches With Recommendations For Needed Reforms, Jeanne C. Suchodolski

North Carolina Journal of Law & Technology

The past twenty-five years gave rise to increasing levels of automation within the transportation sector. From initial subsystems, like vessel satellite tracking and automobile chassis control, automation continues apace. The future promises fully autonomous devices such as unmanned aerial systems (“UAS”) and self-driving cars (“UAV”). These autonomous and automatic systems and devices (“AASD”) provide safety, efficiency, and productivity benefits. Yet AASD operate under continual threat of cyber-attack. ¶ Compromised AASD can produce dire consequences in the transportation sector. The possible consequences extend far beyond financial harms to severe bodily injury or even death. Given both the prevalence of cyber threats …

Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper

LLM Theses

This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.

The Tethered President: Consistency And Contingency In Administrative Law, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The law governing administrative agency policy change and the checking of unjustified inconsistency is rooted in a web of intertwined doctrine. The Supreme Court’s 2016 opinion in Encino Motorcars modestly recast that doctrine to emphasize that the agency pursuing a change cannot leave “unexplained inconsistency” or neglect to address past relevant underlying facts, but reaffirmed its central stable precepts. Nonetheless, radically different views about broad, unaccountable, and agency power to make rapid policy changes have been articulated by Justice Neil Gorsuch while on the Tenth Circuit and by agencies pursuing deregulatory policy shifts under the leadership of President Donald J. …

Swamp Money: The Opportunity And Uncertainty Of Investing In Wetland Mitigation Banking, Elan L. Spanjer

Northwestern University Law Review

In recent years, the wetland mitigation banking program has emerged as a favored mechanism for protecting the nation’s aquatic resources while allowing for economically beneficial development projects to proceed. Mitigation banks generate wetland credits, which in turn can be sold at a profit to developers who need them to offset wetland impacts. The number of mitigation banks has grown significantly in recent years, and the market has seen an influx of institutional investment. However, investors face significant risks and uncertainty, and many prospective investors lack access to information about wetland credit prices—which are neither reported to the regulatory authorities nor …

Administrative Law's Political Dynamics, Kent Barnett, Christina L. Boyd, Christopher J. Walker

Vanderbilt Law Review

Over thirty years ago, the Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. commanded courts to uphold federal agency interpretations of ambiguous statutes as long as those interpretations are reasonable. This Chevron deference doctrine was based in part on the Court's desire to temper administrative law's political dynamics by vesting federal agencies, not courts, with primary authority to make policy judgments about ambiguous laws Congresscharged the agencies to administer. Despite this express objective, scholars such as Frank Cross, Emerson Tiller, and Cass Sunstein have empirically documented how politics influence circuit court review of agency statutory interpretations …

A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age, Jennifer Pierce

Cardozo Law Review

No abstract provided.

Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution Dengan Asas-Asas Hukum Perjanjian Di Dalamnya, Made Oka Cahyadi Wiguna

Jurnal Hukum & Pembangunan

The current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the …

Pengawasan E Commerce Dalam Undang-Undang Perdagangan Dan Undang-Undang Perlindungan Konsumen, Deky Pariadi

Jurnal Hukum & Pembangunan

E-commerce started to expand significantly when the internet was introduced. Internet makes trade transactions no longer sees the boundaries of the country. The number of ease in accessing the internet makes consumer of e-commerce increased, some of the reasons, among others, is a practical, easy payment systems, efficiency of time and the many attractive promo price of online businesses. But reversed all the convenience and benefits offered, also arises concerns about online corporate responsibility to the consumer e-commerce because so many companies online. Act No. 7 of 2014 on Trade (Commerce Act) and Law No. 8 of 1999 on Consumer …

Problem Kewenangan Mahkamah Konstitusi Memutus Perselisihan Hasil Pilkada, M. Abid Ulil Albab Af

Jurnal Hukum & Pembangunan

Initially the election was included in the regional autonomy government regime, so that the settlement of election disputes was under the authority of the Supreme Court. Then the legislators put the election into the electoral regime and formed Law No. 12 of 2008 concerning Regional Government which in Article 236C of the Law states that the settlement of election disputes was transferred and resolved in the Constitutional Court. On May 19, 2014 the Constitutional Court granted the examination of Article 236 C of Law No. 12 of 2008 related to the authority of the Constitutional Court to decide on disputes …

Organizational-Legal Bases Of Involving Political Parties In The Activities Of Representing Bodies Of Local State Authorities, A.D. Babadjanov

Review of law sciences

In this article, the essence, forms, theoretical and legal foundations of the participation of the Kengashes of People's Deputies and the citizens in the discussion of draft laws are revealed as well as proposals on improving the organizational and legal mechanism of its expansion.

Decentralization As The Factor Of Efficiency Increase Of The Activities Of Local Representative Bodies, Z. Israilova

Review of law sciences

The article is devoted to the process of reforming the system of public administration in Uzbekistan aimed at increasing the effectiveness and transparency of local authorities, strengthening their authority and autonomy, and their accountability.

Legal Mechanisms Of Attracting Foreign Citizens To Jobs In Uzbekistan: Existing Problems And Their Solutions, B. Musaev

Review of law sciences

In this article, the author analyzes the legal mechanism of the process of recruiting foreign citizens in Uzbekistan, as well as regulatory legal acts in a relevant area and the problems of their application. In the conclusion of the article, the author offers suggestions on improving the process of recruiting foreign citizens in Uzbekistan.

The Authority Of Jokari Kengesh Of The Republic Of Karakalpakstan On Identifying Legal Status Of The Council Of Ministers Of The Republic, S Erniyazov

Review of law sciences

This article considers the issues of interaction of Jokarga Kenes of the Republic of Karakalpakstan with the Council of Ministers of the Republic, analyzes the powers of supreme legislative body to determine the legal status of the government of the republic, and suggests improvements in the control and analytical activities of Jokarga Kenes of the Republic of Karakalpakstan.

The Authority Of Jokari Kengesh Of The Republic Of Karakalpakstan On Identifying Legal Status Of The Council Of Ministers Of The Republic, S Erniyazov

Review of law sciences

This article considers the issues of interaction of Jokarga Kenes of the Republic of Karakalpakstan with the Council of Ministers of the Republic, analyzes the powers of supreme legislative body to determine the legal status of the government of the republic, and suggests improvements in the control and analytical activities of Jokarga Kenes of the Republic of Karakalpakstan.

Organizational-Legal Bases Of Involving Political Parties In The Activities Of Representing Bodies Of Local State Authorities, A.D. Babadjanov

Review of law sciences

In this article, the essence, forms, theoretical and legal foundations of the participation of the Kengashes of People's Deputies and the citizens in the discussion of draft laws are revealed as well as proposals on improving the organizational and legal mechanism of its expansion.

Decentralization As The Factor Of Efficiency Increase Of The Activities Of Local Representative Bodies, Z. Israilova

Review of law sciences

The article is devoted to the process of reforming the system of public administration in Uzbekistan aimed at increasing the effectiveness and transparency of local authorities, strengthening their authority and autonomy, and their accountability.

Legal Mechanisms Of Attracting Foreign Citizens To Jobs In Uzbekistan: Existing Problems And Their Solutions, B. Musaev

Review of law sciences

In this article, the author analyzes the legal mechanism of the process of recruiting foreign citizens in Uzbekistan, as well as regulatory legal acts in a relevant area and the problems of their application. In the conclusion of the article, the author offers suggestions on improving the process of recruiting foreign citizens in Uzbekistan.