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Administrative Law Commons

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2021

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Articles 391 - 420 of 583

Full-Text Articles in Administrative Law

The Music Industry: Drowning In The Stream, Jonathan Croskrey Mar 2021

The Music Industry: Drowning In The Stream, Jonathan Croskrey

Journal of the National Association of Administrative Law Judiciary

The Department of Justice is reviewing two of it's oldest consent decrees, which were entered into with ASCAP and BMI. ASCAP and BMI are the two original performing rights organizations and existed well before streaming. This article analyzes copyright and antirust law through the lens of modern technology and the current landscape of the music industry. It examines whether the consent decrees should be removed or modified and what the consequences of each would be.


Pepperdine University School Of Law Legal Summaries, Jessica Linton Mar 2021

Pepperdine University School Of Law Legal Summaries, Jessica Linton

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll Mar 2021

New Technology And The Right To Privacy: Do E-Scooters Implicate The Fourth Amendment?, Alexander P. Carroll

Journal of the National Association of Administrative Law Judiciary

The Fourth Amendment protects individual’s right to privacy from unwarranted searches and seizures, but the analysis for when the Fourth Amendment applies has become more complicated as new technology is developed. E-scooters are a new piece of technology which may implicate the Fourth Amendment. Cities across the country are beginning to require the mobility companies which provide e-scooter services to turn over location data in order to receive an operating permit. This article first provides a background of the Fourth Amendment, then provides details regarding the new city regulations. The article includes a discussion of the privacy concerns as well …


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel Mar 2021

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iii: The Pre-Hearing Stage, Andrew M.I. Lee, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article is the third in a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The first two articles of this series covered the hearing and post-hearing stages of IDEA DPHs. The purpose of this follow-up analysis is to supplement the earlier articles by canvassing state law provisions specific to the pre-hearing stage. After an introduction and overview of the literature, this article covers IDEA foundational requirements for DPHs, and then summarizes and codes the state law provisions that supplement the federal template. As …


The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards Mar 2021

The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards

Journal of the National Association of Administrative Law Judiciary

The 21st Century Cures Act is designed to expedite the FDA’s approval of pharmaceutical and medical device applications in order to increase patient access to innovative therapies. However, many experts claim that the Act’s Title III provisions promote evidentiary “‘shortcuts’” that eviscerate the safety and efficacy standards of the FDA approval process. For new drugs, Title III permits surrogate endpoints and real-world evidence in lieu of more rigorous scientific data. For new medical devices, Title III requires the FDA to exempt certain Class I and II devices from any kind of safety or efficacy evaluation. Moreover, Title III forces the …


Table Of Contents And Masthead, Zachary T. Remijas Mar 2021

Table Of Contents And Masthead, Zachary T. Remijas

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Application Of Disciplinary Punishment And It's Legal Justification, Aa'ad Hamoud Al Qaisi Mar 2021

The Application Of Disciplinary Punishment And It's Legal Justification, Aa'ad Hamoud Al Qaisi

UAEU Law Journal

This research paper deals with the authority extent the administration has in disciplinary punishment, and the role of the Punishment Council, as a surveillance body, in establishing legaljustification behind punitive judgment. It is by ipso jure that the responsibility of carrying out disciplinary punishment lies upon the administration which is directly linked to the party which committed the violation. On the other hand, the Punishment Council holds an authoritative position only in terms of evaluating the graveness of the contravention and providing legaljustification for the punishment; otherwise, the act of punishment itself is the responsibility of the administration.

In this …


Valid Existing Rights And Smcra's Proscriptions On Mining, Harold P. Quinn Jr. Mar 2021

Valid Existing Rights And Smcra's Proscriptions On Mining, Harold P. Quinn Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.


"Valid Existing Rights" Under Smcra: A Hard Look At The Regulatory Choices, John A. Macleod, J. Michael Klise, Stephen D. Goldman Mar 2021

"Valid Existing Rights" Under Smcra: A Hard Look At The Regulatory Choices, John A. Macleod, J. Michael Klise, Stephen D. Goldman

Journal of Natural Resources & Environmental Law

No abstract provided.


Ver From The Mineral Owner's Perspective, Dean K. Hunt, Michele M. Whittington Mar 2021

Ver From The Mineral Owner's Perspective, Dean K. Hunt, Michele M. Whittington

Journal of Natural Resources & Environmental Law

No abstract provided.


Ver In Illinois, Karen E. Jacobs, John C. Henriksen Mar 2021

Ver In Illinois, Karen E. Jacobs, John C. Henriksen

Journal of Natural Resources & Environmental Law

No abstract provided.


Valid Existing Rights: Balancing The Interests, Linda E. White Mar 2021

Valid Existing Rights: Balancing The Interests, Linda E. White

Journal of Natural Resources & Environmental Law

No abstract provided.


Valid Existing Rights: Pennsylvania's Experience, Marc A. Roda Mar 2021

Valid Existing Rights: Pennsylvania's Experience, Marc A. Roda

Journal of Natural Resources & Environmental Law

No abstract provided.


Implementing A Ver Definition: Practical Concerns About The Bundle Of Sticks, The Corners Of The Deed, And Shifting Burdens, Marianne D. Mason Mar 2021

Implementing A Ver Definition: Practical Concerns About The Bundle Of Sticks, The Corners Of The Deed, And Shifting Burdens, Marianne D. Mason

Journal of Natural Resources & Environmental Law

No abstract provided.


Valid Existing Rights: Contingent And Equitable Rights--Not Real Property Rights (Another Attempt At A Definition), James M. Mcelfish Jr. Mar 2021

Valid Existing Rights: Contingent And Equitable Rights--Not Real Property Rights (Another Attempt At A Definition), James M. Mcelfish Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.


Valid Existing Rights In Smcra, Robert J. Shostak, Joshua I. Barrett Mar 2021

Valid Existing Rights In Smcra, Robert J. Shostak, Joshua I. Barrett

Journal of Natural Resources & Environmental Law

No abstract provided.


Defining The Term "Valid Existing Rights" In Section 522(E) Of Surface Mining Control And Reclamation Act Of 1977 To Avoid Takings Under The Just Compensation Clause, David Torbett Mar 2021

Defining The Term "Valid Existing Rights" In Section 522(E) Of Surface Mining Control And Reclamation Act Of 1977 To Avoid Takings Under The Just Compensation Clause, David Torbett

Journal of Natural Resources & Environmental Law

No abstract provided.


Valid Existing Rights Under The Surface Mining Control And Reclamation Act Of 1977: Determination By Adjudication Is Preferable To Definition By Rule, Will A. Irwin, James F. Roberts Mar 2021

Valid Existing Rights Under The Surface Mining Control And Reclamation Act Of 1977: Determination By Adjudication Is Preferable To Definition By Rule, Will A. Irwin, James F. Roberts

Journal of Natural Resources & Environmental Law

No abstract provided.


Establishing A Definition Of Valid Existing Rights, As Used In Section 522(E) Of Smcra, Ernest C. Baynard Iii Mar 2021

Establishing A Definition Of Valid Existing Rights, As Used In Section 522(E) Of Smcra, Ernest C. Baynard Iii

Journal of Natural Resources & Environmental Law

No abstract provided.


Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley Mar 2021

Of Pigs And Parlors: Regulatory Takings In The Coalfields, Patrick C. Mcginley

Journal of Natural Resources & Environmental Law

No abstract provided.


Prepayment Challenges To The Assessment Of Abandoned Mine Land Fees: United States V. Gorman Fuel, Inc., Timothy L. Wells Mar 2021

Prepayment Challenges To The Assessment Of Abandoned Mine Land Fees: United States V. Gorman Fuel, Inc., Timothy L. Wells

Journal of Natural Resources & Environmental Law

No abstract provided.


Environmental Bounty Hunters: Reallocating Enforcement Authority Between Citizens And The Government Under The Clean Water Act, Stephen G. Allen Mar 2021

Environmental Bounty Hunters: Reallocating Enforcement Authority Between Citizens And The Government Under The Clean Water Act, Stephen G. Allen

Journal of Natural Resources & Environmental Law

No abstract provided.


Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti Mar 2021

Relentless Pursuits: Reflections Of An Immigration And Human Rights Clinician On The Past Four Years, Sarah H. Paoletti

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla Mckanders Mar 2021

Deconstructing Invisible Walls: Sotomayor's Dissents In An Era Of Immigration Exceptionalism, Karla Mckanders

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins Mar 2021

The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins

Journal of Natural Resources & Environmental Law

No abstract provided.


Attorney Fee Shifting: A Roadmap For The Unwary--The Smcra Example, William T. Gorton Iii Mar 2021

Attorney Fee Shifting: A Roadmap For The Unwary--The Smcra Example, William T. Gorton Iii

Journal of Natural Resources & Environmental Law

No abstract provided.


The Federal Onshore Oil And Gas Leasing Reform Act Of 1987: A Legislative History And Analysis, Patricia J. Beneke Mar 2021

The Federal Onshore Oil And Gas Leasing Reform Act Of 1987: A Legislative History And Analysis, Patricia J. Beneke

Journal of Natural Resources & Environmental Law

No abstract provided.


Federal Administrative Review Under The Surface Mining Control And Reclamation Act: An Annotated Procedural Guide, Will A. Irwin Mar 2021

Federal Administrative Review Under The Surface Mining Control And Reclamation Act: An Annotated Procedural Guide, Will A. Irwin

Journal of Natural Resources & Environmental Law

No abstract provided.


Federal Notices Of Violations In Primacy States: Oversight Or Overkill?, Timothy Gresham Mar 2021

Federal Notices Of Violations In Primacy States: Oversight Or Overkill?, Timothy Gresham

Journal of Natural Resources & Environmental Law

No abstract provided.


Judicial Review Of National Regulations Under Smcra And Holmes Limestone Co. V. Andrus: Is The District Court For The District Of Columbia The Only Proper Forum?, John Cato Fogle Iii Mar 2021

Judicial Review Of National Regulations Under Smcra And Holmes Limestone Co. V. Andrus: Is The District Court For The District Of Columbia The Only Proper Forum?, John Cato Fogle Iii

Journal of Natural Resources & Environmental Law

No abstract provided.