Administrative Law Commons^™

الجديد في قضايا الاستملاك, أنطوان معربس

Proche-Orient, Études juridiques

No abstract provided.

الجديد في قضايا الاستملاك, أنطوان معربس

Proche-Orient, Études juridiques

No abstract provided.

قانون رقم ٦٦٤: وسيط الجمهورية, Poej

Proche-Orient, Études juridiques

No abstract provided.

Resiliency Planning And The Reorganization Of Legal Authority In Rural Maine, Nicholas F. Jacobs, Skylar Thielbar

Maine Law Review

Resiliency has become a dominant and largely unchallenged organizing principle of contemporary state-local governance in Maine, particularly as it affects rural towns and communities dependent on extractive industries. This Article argues that resiliency planning is not merely a policy orientation, but a distinct form of legal authority, which operates through an administrative structure that is closed off to normal channels of political accountability and judicial review. Focusing on Maine, the Article shows how statewide resiliency planning reallocates authority across state and local institutions, shaping fiscal access and territorial development without triggering the doctrinal safeguards of public law. Rural governance, where …

Foreword, Adam Fortier-Brown

Maine Law Review

Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …

A Language Model’S Capability To Make Reasoned Decisions In Administrative Law, Robert Diab

Dalhousie Law Journal

This paper calls into question a common set of assumptions about the use of artificial intelligence in administrative law in Canada. While some assume that AI (AI) may be useful for assisting a decision-maker where core rights are affected, the prevailing view is that it cannot be relied upon to make final decisions, due mainly to functional limitations: AI cannot give reasons and its outcomes are fraught with bias and opacity that cannot be overcome. The prevailing view, however, took shape in response to earlier, more limited forms of AI. Large language models can be used in a way that …

Agri‑Photovoltaics In Poland’S Energy Transition – Untapped Potential?, Marcin Gronowski

Studia i Materiały Wydział Zarządzania Uniwersytet Warszawski

Objective: The aim of this study is to identify and assess the legal barriers hindering the implementation of agrovoltaics as a technology that enables the dual use of agricultural land for electricity generation whilst maintaining agricultural production, and thereby to identify the legislative changes required to unlock its transformative potential. The objective set takes into account the feasibility of implementing energy policy in the area of photovoltaic development, whilst balancing the need to protect agricultural land and the principle of sustainable development.

Methodology: The analysis was conducted using dogmatic and legal‑theoretical methods for the interpretation of legal norms, as well …

Can The Epa Withdraw The Endangerment Finding?, Jonathan Adler

Faculty Publications

The Trump administration has made repeal of the Environmental Protection Agency’s “endangerment finding” on greenhouse gases the centerpiece of its environmental deregulation agenda. “We are driving a dagger straight into the heart of the climate change religion to drive down cost of living for American families, unleash American energy, bring auto jobs back to the US, and more,” proclaimed EPA Administrator Lee Zeldin when announcing the agency’s plan to reconsider the finding in March 2025. Since then, the agency has followed through, pushing endangerment finding repeal ahead of other, more traditional, deregulatory efforts. While politically popular with parts of President …

An Abundant Lack Of Introspection, Jonathan Adler

Faculty Publications

In this review Jonathan Adler critiques Abundance authors Klein and Thompson's analysis of how regulation is holding back progress in decarbonization, America's housing supply crisis, and innovation. While agreeing with the authors' assessment that regulation policy is hampering efforts in these areas, Adler objects to the book's proposals for improving regulatory bottlenecks, arguing the authors of Abundance refuse to acknowledge the role of market institutions in creating abundant supply or to admit the fault in their assumption that the failures of centralized government decision making can be repaired while maintaining centralized government decision making.

This abstract has been constructed from …

What Is To Be Done About The Radical Far-Right?, Bernard E. Harcourt

Faculty Scholarship

The far Right in America has become radical. In the process, it has outmaneuvered the progressives. In the first months of his second mandate, President Trump has mounted a revolution (or counterrevolution) against the liberal democratic state. Steve Bannon said he was Leninist and wanted to “smash the state.” President Trump has done just that. In this essay, I explore the far Right’s embrace of Lenin. I return to the Hegelian roots of Lenin’s politics to explain what he meant by “smashing the state machine.” I then argue that the Left should reclaim Lenin’s dialectics and his call, in the …

A Legal Comedy Of Errors: Foia’S Judicial Drama Over Who Controls The Oversight Script, Caroline Savini

Villanova Law Review (1956 - )

No abstract provided.

Appeal No.1068: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appleal of Chief's Orders 2026-41 and 2026-86

Appeal No.1073: Granite Ridge Holdings, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2026-124

Appeal No.1069: Roger L. Pierson, Jr. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appleal of Chief's Orders 2026-41 and 2026-86

Brief Amicus Curiae Of Administrative And Constitutional Law Professors In Support Of Petitioners, Robert Glicksman, Richard Pierce, Alan B. Morrison, Jeffrey Lubbers, Peter L. Strauss

Amicus Briefs & Court Filings

INTRODUCTION AND SUMMARY OF ARGUMENT: The ninety-six temporary agricultural workers employed by respondent were allowed to come to the United States solely because Congress established the program that governs their employment. As petitioners’ brief demonstrates, in order for respondent to be eligible to bring in foreign workers, it had to submit an application to the Department of Homeland Security. As part of that process, respondent had to establish that it would not employ non-citizen workers to displace domestic workers. Included in the required showing is an agreement by respondent to pay both domestic and foreign workers the same pay, so …

Failure To Communicate: A Method To Improve Osha And Fsis Collaboration In Meat And Poultry Plants, Ty Haralson

Journal of Food Law & Policy

In its 2024 annual report, the GAO recognized the overlapping functions of the Occupational Safety and Health Administration (“OSHA”) and the Food Safety and Inspection Service (“FSIS”) in meat and poultry plants and how the two agencies have failed to effectively collaborate. Although both FSIS and OSHA have vested interests in ensuring healthy environments in meat and poultry plants, the administrative agencies have not developed a thorough approach for collaboration.

Created after the passage of the Williams-Steiger Occupational Safety and Health Act of 1970, OSHA’s primary responsibility is to “ensur[e] safe and healthful working conditions . . . ” in …

Closing The Gaps: Reforming Maryland Controls On Veterinary Antimicrobial Distribution, Samantha Capaldo, Kerry Mcclaughry

Journal of Food Law & Policy

Antimicrobials have been used in livestock and other food animals in the United States (“U.S.”) since the late 1940s. An antimicrobial is “[a]ny natural, synthetic, or semisynthetic substance that can eradicate or prevent the growth of microbes,” including “[a]ntibacterial, antifungal, antiparasitic, and antiviral medications.” Antimicrobial use in food animals is subject to a complex statutory and regulatory framework at both the state and federal levels. Antimicrobial use in food animals has been widely criticized for contributing to antimicrobial-resistant bacterial infections in humans. In response to this criticism, the U.S. Food and Drug Administration (“FDA”) and several states, including Maryland, have …

الفائدة, إدمون نديم شماس

Proche-Orient, Études juridiques

No abstract provided.

La Compétence Internationale Des Juridictions Dans Les Litiges Nés De Contrats Administratifs Internationaux, Rita Waked

Proche-Orient, Études juridiques

No abstract provided.

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen

Brooklyn Journal of International Law

This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …

Nanosecond Policies: Comparing Us And Chinese Approaches To High-Frequency Trading Regulation, Bilal Laghari

Brooklyn Journal of International Law

High frequency trading has transformed global financial markets, introducing both efficiency gains and significant regulatory concerns. This Note analyzes the divergent approaches of the United States and China in regulating high frequency trading, focusing on how each system addresses issues of market manipulation, information asymmetry, and systemic risk. It contends that the United States’ reliance on outdated and indirect regulatory mechanisms, such as Regulation NMS, has failed to keep pace with technological advancements. In contrast, China’s more recent and targeted regulatory framework provides clearer guidance and stronger oversight of high frequency trading practices. This Note concludes that a hybrid approach, …

فلسفة حقوق الامتياز, محمد عمار تركمانية غزال

Proche-Orient, Études juridiques

No abstract provided.

Advocacy Matters, Richard Collins

American Indian Law Journal

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan

American Indian Law Journal

The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …

Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer

American Indian Law Journal

This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …

The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas

American Indian Law Journal

Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …

Table Of Contents

American Indian Law Journal

No abstract provided.

Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson

American Indian Law Journal

Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.