Administrative Law Commons^™

Department Of Insurance, Jennifer Wilcyznski, Hannah Ohman, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Contractors State License Board, Sabrina Barr, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Madison Beck, R.C. Fellmeth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Connor Greth, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Dental Board Of California, Jonathan Greenbergs, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health Care, Alex Ruf, Meena Kaypour, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Anna Schwartz, Debra Jorgensen, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Administrative Sanctions Against Infringements Of The Audio-Visual Media Under The Administrative Oversight Of The French Judiciary, Musa Shehada

UAEU Law Journal

This research aims to study the administrative sanctions against violations of the audio-visual media, under the administrative oversight of the judiciary in France. The study focuses particularly on the concept of administrative sanctions, their nature and characteristics, the nature of audio-visual media, relevant administrative authorities within the scope of audio-visual media and the administrative sanctions within it and judicial oversight over such sanctions, especially after ending the state monopoly of the audio-visual media sector and the Declaration of freedom of telecommunications and the withdrawal of this jurisdiction from the political authority and granting it to independent institutions that combine the …

Twenty-First Century Labor Law: Striking The Right Balance Between Workplace Civility Rules That Accommodate Equal Employment Opportunity Obligations And The Loss Of Protection For Concerted Activities Under The National Labor Relations Act, Christine Neylon O'Brien

William & Mary Business Law Review

Employees who engage in protected concerted activities relating to work generally are shielded from discipline by Section 7 of the National Labor Relations Act (NLRA). Where otherwise protected work-related activity involves profanity or offensive speech or actions, whether in or out of the workplace, on a picket line, or on social media, such may violate employer civility rules and/or equal employment opportunity laws. Important interests are at stake, including for employers to maintain a safe, discrimination-free workplace; and for employees to exercise their right to communicate about workplace matters. This Article analyzes recent cases on the question when offensive employee …

The Right Of Individuals To Resort To The Constitutional Council Of France In Light Of The Constitution Of 1958 And Its Amendments Of 2008, Alaa Mostafa Muhyiddin

UAEU Law Journal

An "application for a priority preliminary ruling on the issue of constitutionality" is the right for any person who is involved in legal proceedings before a court to argue that a statutory provision infringes rights and freedoms guaranteed by the Constitution.

Once conditions of admissibility have been complied with, the Constitutional Council, to whom the application will have been referred by the Council of State or the Court of Cassation, will give its ruling and, if need be, repeal the challenged statutory provision.

The application for a priority preliminary ruling on the issue of constitutionality was introduced under the constitutional …

The Legal System Addressing Public Administrative Infringements Under The Yemeni Law, Mohamed Ahmed Ghober

UAEU Law Journal

The research aims to clarify the concept of public administrative sanctions through a study of its scope which consists of the public administrative infringements in the Yemeni legislation. The research concludes to express an inherent jurisdiction of the legislative authority in general, and its competence in the criminalization and punishment, in particular, as well as the role played by the executive authority in the legislation and punishment and the extent of its authority to do so. Moreover, the study explained the legal nature of the public administrative infringements which is reflected in the nature of criminal offenses, both in terms …

Goldilocks Deference, Daniel H. Cole, Elizabeth Baldwin, Katie Meehan

Articles by Maurer Faculty

Over the years, courts reviewing rules and decisions of federal administrative agencies have given those agencies greater or narrower latitude in interpreting enabling legislation, ranging from the “hard look” doctrine to various levels of deference under case names such as Chevron, Auer, and Skidmore. This article examines a distinct type of judicial deference that might arise only in a special subset of cases where an agency is sued by two different interested parties arguing diametrically opposed positions. For example, the EPA may be sued on a major, substantive rule by the regulated industry arguing that the rule …

The Evolution Of The Position Of The Administrative Court On The Determination Of The State's Responsibility For The Damages Resulting From The Laws: Comparative Study, Waleed Arab

UAEU Law Journal

Parliament is the elected authority by the people to express the general will of the nation and the sovereignty of the people. In accordance with the general political and constitutional principles, it enjoys wide power in legislation whereby it governs various aspects of the social, economic and political life etc.

The sovereignty enjoyed by the parliament made its authority not responsible for the damages to the members of the society; in addition other arguments justified absolving the Parliament from any judicial or political oversight and with the principle of no liability of the state for damages caused by the laws …

Engineering The Modern Administrative State: Political Accommodation And Legal Strategy In The New Deal Era, Daniel B. Rodriguez, Barry R. Weingast

BYU Law Review

Administrative constitutionalism in the United States has been characterized by tension and accommodation. The tension reflects the unsettled nature of our constitutional scheme, especially with regard to separation of powers, and also the concern with agency discretion and performance. Still and all, we have accommodated administrative constitutionalism in fundamental ways, through a constitutional jurisprudence that, in the main, accepts broad delegations of regulatory power to the bureaucracy and an administrative law that oversees agency actions under procedural and substantive guidelines. This was not always the case. In this Article , part one of a larger project, we revisit the critical …

Constitutional Controls For Necessary Legislation In The United Arab Emirates (Uae): Comparative Study- 1st Part, Amani Omar Mohammed

UAEU Law Journal

Jurisprudence and the judiciary admitted the extraordinary jurisdiction of executive authority in the area of legislation. Through this paper, we have addressed many questions about the nature of the exceptional circumstances and how determined by the jurisprudence and the judiciary in both France and Egypt. Considering that Article 16 of the Constitution of the Fifth Republic in France, issued in 1958, the basis of the theory of historical necessity in Arab constitutions.

Analytical comparative method was used to know the facts about the necessity legislations and its historical development and grounds in both France and Egypt.

Then, we dealt with …

The Rationale For The Executive Authority To Resort To The Judiciary, Mohamed Farouk Mohammed

UAEU Law Journal

Selecting the state for direct execution is not free from restrictions, as it is imagined; disobeying to every limit, but it has conditions and restrictions the executive power must fulfill before selecting this approach, the executive power recognized this matter recently, so it began to waive practicing this direct execution for condition it estimated in the light of general interest preferring resorting to jurisdiction firstly in spite of bad sense of some police administration that foreign from this field of law supremacy due to effects of this practice.

The administration may refuse resorting to administrative methods to exigent its right …

Florida's Harmful Algal Blooms: Tiny Organisms Needing Massive Legislation, Jillian Barnard

Environmental and Earth Law Journal (EELJ)

No abstract provided.

The Rights Of Nature Movement In The United States: Community Organizing, Local Legislation, Court Challenges, Possible Lessons And Pathways, Marsha Moutrie

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Could Changes To The Endangered Species Act Actually Threaten Species?, Manuel L. Colon Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Humans Long Ignored: Revisiting Nepa's Definition Of "Human Environment" In The Era Of Black Lives Matter, Travis D. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Appeal No. 0985: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)

Appeal No. 0986: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)

Appeal No. 0984: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)

(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling

Maine Law Review

Campus sexual assault grievance procedures, governed by Title IX, have become a hotspot for recent debates about the contours of due process on college campuses. The Obama administration substantially revised Title IX grievance procedures to encourage reporting and adjudication of campus sexual assaults. Less than a decade later, the Trump administration rolled out its own Title IX guidance to undo many of those requirements, in the name of enhancing due process protections for accused students. One particularly controversial new requirement in the 2020 Title IX regulations is for adversarial cross-examination. This Comment argues that adversarial cross-examination in campus sexual assault …

Contractual Liability Of The Administration For The Violation Of The Controls Set By The Sanctions Authority: Analytical Study In Light Of The Legislation And The Provisions Of The Uae Judiciary, Ahmed Juma Al Baluchi

UAEU Law Journal

This study focuses on the theme of violation of the administration of its authority to impose sanctions on the contractor in case where it has sole discretion, in terms of the statement of its power, controls, infringement, and the responsibility of the administration towards the contractor. The study applies jurisprudence concepts and judicial decisions in addition to legal analysis on this subject in the United Arab Emirates. Moreover, the study follows the comparative analytical method, in order to reach sound scientific findings. Accordingly, I divided the study into three sections leading to a conclusion that reflects the findings and recommendations …

The Basis Of Administrative Responsibility Without Fault In The Light Of Islamic Jurisprudence (Fiqh) And The French Council Of State Judiciary: An Original Analytical Study, Bassam Mohammed Abu Armela

UAEU Law Journal

In order to achieve public interest, administration carries out a lot of lawful of legal and physical businesses. As a result, a lot of individuals often were exposed to a great harm and damage. Therefore, they should be compensated for this damage to achieve the rules of justice and equity that are imposed by justice to bear the consequences of its actions even if it is lawful and to be more responsible without any mistakes.

For reaching this goal, and in the lack of wrong idea about addressing this issue, and in order to support this responsibility, this study is …

On American Demagoguery To National Security, Jennifer Brumfield

University of Cincinnati Law Review

No abstract provided.

Revolving Doors - We Got It Backwards, Hadar Yoana Jabotinsky Dr.

University of Cincinnati Law Review

The revolving door phenomenon, in which senior public officials transfer from the public service to the private sector after finishing their term as public officials, and vice versa, is widespread. This gives rise to concern of regulatory capture, which happens when the regulators respond to the wishes of strong interest groups, such as the regulated industry, instead of protecting the interests of the general public. The solution is usually found in conflict-of-interest rules which set cooling-off periods for individuals moving from the public to the private sector. This paper proposes that although revolving doors do incur some costs, they also …

Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster

University of Cincinnati Law Review

Transparency has become a preeminent administrative norm with unimpeachable status as a pillar of democracy. But the rise of right-wing populism, reminiscent of older forms of militaristic authoritarianism, threatens transparency’s standing. Recently elected governments in Europe, Latin America, and North America represent a counter-movement away from liberal-democratic institutions that promote the visibility and popular accountability that transparency promises. Contemporary populist movements have not, however, entirely rejected it as an ideal. The populist rebuke of power inequities and its advocacy for popular sovereignty implicitly and sometimes explicitly include a demand for a more visible, accessible state. Populists’ seemingly hypocritical embrace of …