Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- State and Local Government Law (4368)
- Natural Resources Law (3166)
- Constitutional Law (2645)
- Agency (2566)
- Environmental Law (2061)
-
- Legislation (1879)
- Oil, Gas, and Mineral Law (1806)
- Courts (1508)
- Energy and Utilities Law (1464)
- Criminal Law (1408)
- Water Law (1272)
- Comparative and Foreign Law (1257)
- Agriculture Law (1174)
- Land Use Law (1161)
- Civil Law (1073)
- Health Law and Policy (1057)
- Business Organizations Law (1054)
- Social and Behavioral Sciences (1024)
- Antitrust and Trade Regulation (1009)
- Internet Law (951)
- International Law (943)
- Human Rights Law (917)
- International Trade Law (883)
- Criminal Procedure (880)
- Law and Politics (819)
- Indigenous, Indian, and Aboriginal Law (815)
- Public Affairs, Public Policy and Public Administration (807)
- Rule of Law (804)
- Institution
-
- University of San Diego (2117)
- Universitas Indonesia (1057)
- Case Western Reserve University School of Law (901)
- University of Colorado Law School (852)
- University of Michigan Law School (787)
-
- Pepperdine University (674)
- Maurer School of Law: Indiana University (579)
- Seattle University School of Law (376)
- Yeshiva University, Cardozo School of Law (340)
- University of Montana (245)
- Columbia Law School (244)
- Villanova University Charles Widger School of Law (201)
- University at Buffalo School of Law (198)
- William & Mary Law School (194)
- Vanderbilt University Law School (176)
- American University Washington College of Law (167)
- Florida State University College of Law (161)
- Fordham Law School (158)
- Washington and Lee University School of Law (157)
- New York Law School (153)
- University of Washington School of Law (152)
- University of Georgia School of Law (141)
- Brooklyn Law School (138)
- Schulich School of Law, Dalhousie University (134)
- University of Kentucky (125)
- Georgetown University Law Center (113)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (112)
- Duke Law (111)
- West Virginia University (111)
- University of Richmond (110)
- Keyword
-
- Administrative law (869)
- Ohio (866)
- Administrative Law (567)
- State law; State administrative decision; (556)
- Regulation (480)
-
- State law; State administrative decision (302)
- Judicial review (290)
- United States (269)
- Federal agencies (203)
- Administrative Procedure Act (200)
- Administrative procedure (183)
- Congress (179)
- Colorado (177)
- Federal Communications Commission (151)
- Chevron (150)
- Rulemaking (149)
- Legislation (145)
- Climate change (142)
- Administrative agencies (141)
- Separation of powers (136)
- EPA (134)
- Environmental Protection Agency (133)
- California (129)
- Constitutional Law (126)
- FCC (123)
- Regulations (123)
- Environmental law (119)
- Due process (118)
- Statutory interpretation (116)
- Zoning (116)
- Publication Year
- Publication
-
- California Regulatory Law Reporter (2106)
- Ohio Oil & Gas Commission Decisions (883)
- Jurnal Hukum & Pembangunan (753)
- Faculty Scholarship (631)
- Journal of the National Association of Administrative Law Judiciary (604)
-
- Michigan Law Review (404)
- Articles (267)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (256)
- Seattle University Law Review (256)
- Federal Communications Law Journal (242)
- Public Land & Resources Law Review (237)
- Publications (218)
- Faculty Publications (166)
- Buffalo Law Review (160)
- Indiana Law Journal (158)
- Articles by Maurer Faculty (127)
- Translated Opinions (123)
- Villanova Law Review (1956 - ) (111)
- West Virginia Law Review (104)
- Scholarly Publications (99)
- ExpressO (95)
- Scholarly Works (91)
- University of Michigan Journal of Law Reform (90)
- Washington Law Review (88)
- Georgetown Law Faculty Publications and Other Works (86)
- Fordham Law Review (82)
- Vanderbilt Law Review (80)
- Nevada Supreme Court Summaries (76)
- Washington and Lee Law Review (76)
- Villanova Environmental Law Journal (1991 - ) (74)
- Publication Type
Articles 2551 - 2580 of 13747
Full-Text Articles in Administrative Law
Status Hukum Penjelasan Undang-Undang Berdasarkan Sistem Peraturan Perundang-Undangan Indonesia, Ilham Fajar Septian, Ali Abdurahman
Status Hukum Penjelasan Undang-Undang Berdasarkan Sistem Peraturan Perundang-Undangan Indonesia, Ilham Fajar Septian, Ali Abdurahman
Jurnal Hukum & Pembangunan
The law explanationis interpretation of norms contained in the body of the law. However, its existence as part of the law promulgatesthe unclear status of the lawexplanation as a mere interpretation or also as a binding legal norm. This has been further emphasized by the Constitutional Court Decision whichchanges its stance in judicial review to the law explanation. Therefore, issues regarding the legal status of the law explanationand the extent to which the Constitutional Court can judicial review tothe law explanationneed to be resolved. This research is a normative juridical research through literature study with historical, statutory, case, conceptual, and …
Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19, Fitriani Ahlan Sjarif, Efraim Jordi Kastanya
Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19, Fitriani Ahlan Sjarif, Efraim Jordi Kastanya
Jurnal Hukum & Pembangunan
Since Indonesia entered a period of health emergencies caused by the outbreak ofthe Covid-19, the Indonesian government has attempted to develop various legal instruments to regulatethe behavior of the Indonesian people. One of the instruments used is a circular letter. This paper tries to examine the normative juridical use of circular letters as an instrument of state administration during this pandemic. In legislation science and administrative law theory,a circular letter is a piece of legislationthat should be used as an official note to warn and remind, notto regulate.In practice, there are several problematic Circular Letters which are used to regulate …
Penerapan Pertanggungjawaban Pidana Korporasi Dalam Berbagai Putusan Pengadilan, Muhammad Fatahillah Akbar
Penerapan Pertanggungjawaban Pidana Korporasi Dalam Berbagai Putusan Pengadilan, Muhammad Fatahillah Akbar
Jurnal Hukum & Pembangunan
By the development of criminal law in Indonesia, the corporate criminal responsibility has been introduced in many Acts. In the practices, there are criminal court decisions which sentenced corporations. This article aims to comprehensively examine how corporate criminal responsibility is implemented in various court decisions. It is found that aggregation theory, which corporate criminal responsibility is based on the actions of some people in the corporation scope, has been applied in most cases. Howeverm the weakness of the aggregation theory, in environment crimes, only corporation which was responsible and most organizers were not. On the other hand, in the corruption …
Mengkaji Penerapan Sanksi Pidana Dalam Pencegahan Penyebaran Covid-19 Di Indonesia, Aliyth Prakarsa, Dadang Herli, Rena Yulia
Mengkaji Penerapan Sanksi Pidana Dalam Pencegahan Penyebaran Covid-19 Di Indonesia, Aliyth Prakarsa, Dadang Herli, Rena Yulia
Jurnal Hukum & Pembangunan
The police in handling policies that are applied in an emergency period use criminal sanctions, meanwhile, the police also need to provide education and legal protection for the community when there are repressive efforts from the police in enforcing government policies through the Chief of Polices Declaration. The specific target to be achieved is to examine the application of the Chief of Polices Declaration in the application of the contents of the edict that contains criminal sanctions and examine its effectiveness in its application. The method used in this study is a normative and empirical legal research method. Normative research …
Pandemi Covid-19: Force Majeure Dan Hardship Pada Perjanjian Kerja, Nindry Sulistya Widiastiani
Pandemi Covid-19: Force Majeure Dan Hardship Pada Perjanjian Kerja, Nindry Sulistya Widiastiani
Jurnal Hukum & Pembangunan
In the civil law system, there are force majeure and hardship concepts which is related with situation when debtors unable to fulfill their contract obligations. Covid-19 pandemic in Indonesia causes employers’ difficulties in order to fulfill their work agreement obligations, such as payingtheir workers wages and Religious Holiday Allowances. In the context of fulfilling work agreement obligations, force majeure dan hardship concepts could not be found in the Indonesia’s Manpower Law. This conceptual article aims to analyse the chance of using force majeure and hardship concepts in the implementation of work agreement during covid-19 pandemic. The analysis uses conceptual approach …
Freedom Without Opportunity: Using Medicare Policy And Cms Mechanisms To Anticipate The Platform Economy’S Pitfalls And Ensure Healthcare Platform Workers Are Fairly Paid, Kim A. Aquino
Brooklyn Law Review
The rapidly aging population, along with the demand for innovative Medicare delivery models such as bundled payment programs have incentivized the use of technology in healthcare because of its potential to cut costs and improve quality of care. Like many industries embracing technological strides to automate and digitize services, the healthcare industry has welcomed new labor markets like the platform economy to facilitate connections between patients and workers with ease. Along with streamlining connections, the platform economy also promises workers flexibility and autonomy over their own schedule. The platform economy’s promise of freedom, however, is not enough to prevent the …
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar
Brooklyn Law Review
Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …
The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein
The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein
Brooklyn Law Review
In recent years, concern over the environmental, animal welfare, and human costs of animal agriculture has spurred an increased demand for nonanimal sourced protein. This has led to significant innovation in food technology. As part of this trend, food scientists have developed a process for in-vitro cultivation of meat cells to produce protein that is biologically and nutritionally identical to meat from traditionally raised and slaughtered animal sources, but that involves neither animal agriculture nor animal slaughter. This lab-grown “clean meat” represents a new era in food technology and is already having an effect on the existing meat industry. In …
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner
Brooklyn Law Review
The Americans with Disabilities Act (ADA) was enacted in 1990 to afford equal opportunities for individuals with disabilities. Title III of the ADA, specifically, was enacted to afford disabled individuals equal access to places of public accommodation. When the ADA was enacted, the internet was still in its infancy and Congress did not contemplate the need for governing accessibility to websites of public accommodations. Today, the internet has become embedded in virtually every aspect of our lives, yet there are still millions of disabled individuals who are unable to equally access the websites of American businesses. With the ADA being …
Pepperdine Caruso School Of Law Legal Summaries, Jessica Linton
Pepperdine Caruso School Of Law Legal Summaries, Jessica Linton
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Masthead & Table Of Contents, Zachary T. Remijas
Masthead & Table Of Contents, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas
A Burning Question: Sparking Federal Protection Of Inmate Firefighters Through California’S Conservation Camp Program, Zachary T. Remijas
Journal of the National Association of Administrative Law Judiciary
The mounting demand for inmate firefighters in response to increased disaster relief has made such individuals an indispensable resource to the State of California. As a result, state agencies in charge of administering inmate firefighters’ services must give renewed attention to expanding efforts to protect the inmates’ livelihood both before and after a participating inmate’s release. This Comment provides an overview of California inmates undertaking prison labor as volunteer firefighters under the Conservation Camp Program. The Comment further critiques the nonreciprocal approach taken towards inmate firefighting resources, while advocating for a more intentional rehabilitationist approach that implores the California Department …
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!, Leslie Birnbaum
Due Process And Administrative Hearings In The Time Of Covid-19: Help, I Need Somebody!, Leslie Birnbaum
Journal of the National Association of Administrative Law Judiciary
The COVID-19 pandemic has caused the reinvention of the administrative hearing process in a virtual or hybrid setting. Since March 2020, administrative forums have experienced continuances, backlogs, and the digital divide. The purpose of this paper is to examine the effects of COVID-19 on procedural due process and administrative hearings, and to address some of the problems and unanswered questions about the new normal. Part I presents background information about the virus and a brief history of pandemics. Part II examines past and present case law, and the NAALJ and National Conference of Administrative Law Judges' national survey. Part III …
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
One-Shotters Or Have-Nots Should Come Out Ahead In The District Of Columbia’S Private Sector Workers’ Compensation System, But Do They?, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, an analysis of decisions issued by the Compensation Review Board from 2005 – 2019 reveals the Presumption frequently is misapplied. Moreover, contrary to Marc …
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Why Proving A Work-Related, Psychological Injury Claim Stresses You Out, Melissa Lin Jones
Journal of the National Association of Administrative Law Judiciary
In recognition of the humanitarian purpose of the District of Columbia Workers’ Compensation Act of 1979, D.C. Code as amended, §32-1501 et seq. and the legislative policy favoring awards even in arguable cases, a claimant is entitled to a presumption of compensability (“Presumption”) when applying for workers’ compensation benefits. By establishing a causal connection between the injured worker’s disability and a work-related event, the Presumption enables a claimant to establish entitlement to benefits more easily; however, misapplication of the Presumption makes it more difficult for claimants to prove work-related psychological injuries because they must satisfy additional requirements (including a credibility …
The Rising Of Systemic Racism And Redlining In The United States Of America, Edward Brian Flournoy
The Rising Of Systemic Racism And Redlining In The United States Of America, Edward Brian Flournoy
Journal of Sustainable Social Impact
Systemic racism and redlining are synonymous with one another. This essay reviews the history of scholarly research and discussion regarding affordable housing and its impact on ethnic groups in the United States, especially Black African Americans. Affordable housing celebrated its 100th anniversary in 2017, yet much still needs to be done. Moreover, the U.S. Shipping Act of 1917 and Moving to Opportunity (MTO) Intervention Demonstration Program (1994–2009) are congruent to this essay.
It's Time To Reform The U.S. Vulnerabilities Equities Process, Amy Gaudion
It's Time To Reform The U.S. Vulnerabilities Equities Process, Amy Gaudion
Faculty Scholarly Works
No abstract provided.
Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony Moffa
Strength In Numbers (Of Words): Empirical Analysis Of Preambles And Public Comments, Anthony Moffa
Nevada Law Journal
No abstract provided.
Immigration Detention Meets Evidence Law: A Discussion Paper, Simon Wallace, Sean Rehaag, Benjamin Berger
Immigration Detention Meets Evidence Law: A Discussion Paper, Simon Wallace, Sean Rehaag, Benjamin Berger
All Papers
This discussion paper aims to encourage a broader engagement between the fields of evidence law and administrative law, using evidence in the Canadian immigration detention review setting as a case study. For most, the field of evidence law is essentially concerned with the rules of non-admissibility. This narrow vision of evidence law partly explains why administrative decision-making and administrative law only sporadically reaches to evidence law’s lessons—and why administrative law settings feature only infrequently in evidence law doctrine. This disconnect is regrettable because contact between the fields could be mutually enriching: evidence law has a rich tradition of thinking about …
Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage
Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage
Cardozo Law Review
No abstract provided.
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
Indonesia Law Review
Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Public Land & Resources Law Review
The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …
Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid
Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid
Buffalo Environmental Law Journal
No abstract provided.
Left/Right: Managing The Coming Clash Between Congressional Rights Enforcement And Judicial Doctrine, William D. Araiza
Left/Right: Managing The Coming Clash Between Congressional Rights Enforcement And Judicial Doctrine, William D. Araiza
Faculty Scholarship
No abstract provided.
Insulated From Justice? Religious Expulsion Before Canadian Courts In The Post-Highwood Era, Adam Schenk
Insulated From Justice? Religious Expulsion Before Canadian Courts In The Post-Highwood Era, Adam Schenk
Dalhousie Law Journal
Judicial consideration of religious disputes prompt concerns that the legal system may delve into issues of a spiritual nature that should enjoy some insulation from legal comment or intervention. These concerns are only heightened in instances where the dispute concerns the very serious issue of the expulsion of a member from their religious community. While necessary care is warranted in these sensitive circumstances, a blanket prohibition on legal intervention in instances of religious expulsion creates the possibility that a member of a religious community may experience the devastation of expulsion in an unfair and unjust manner. This paper, written prior …
A Reconsideration Of Equal Protection And Executive Action In Singapore, Wei Yao, Kenny Chng
A Reconsideration Of Equal Protection And Executive Action In Singapore, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
In Syed Suhail bin Syed Zin v Attorney-General, the Singapore Court of Appeal reconsidered how Article 12(1), the equal protection provision in Singapore’s Constitution, should apply to executive actions. Departing from the established ‘deliberate and arbitrary’ test, the Court of Appeal proposed to first consider whether the relevant persons were ‘equally situated’ and subject to differential treatment. If so, this treatment had to be justified by legitimate reasons. This note argues that while the rejection of the ‘deliberate and arbitrary’ test ought to be welcomed, this approach risks returning to an emphasis on classes in equal protection analysis – an …
The Connection Between Policies And Decisions Made Pursuant To Policies, Wei Yao, Kenny Chng
The Connection Between Policies And Decisions Made Pursuant To Policies, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Policies are an indispensable feature of administrative governance. By providing default guidelines for decision-making, policies streamline the everyday administrative work of public authorities, helping to manage the gargantuan task of keeping the machinery of the modern administrative state running smoothly. This article will analyse an issue in the law regulating the usage of administrative policies that has received little attention to date – the connection between the unlawfulness of a policy in itself and the unlawfulness of a decision made pursuant to such a policy. This article will highlight that there is a degree of analytical ambiguity in this area …
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha
23rd Annual Open Government Summit: Access To Public Records Act, Open Meetings Act Powerpoint Presentation 07-30-2021, Office Of Attorney General State Of Rhode Island, Peter F. Neronha
School of Law Conferences, Lectures & Events
No abstract provided.
Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan
Case Note: Avangrid Networks, Inc. V. Secretary Of State, Grady F. Hogan
Maine Law Review
Citizen initiatives and referendums are important tools for participatory democracy. Because initiatives often concern contentious public policy matters, opponents of pending initiatives have at times turned to the courts to prevent particular initiatives from appearing on upcoming ballots. Courts typically will adjudicate such pre-election challenges when plaintiffs assert the proscribed procedural requirements for voting on an initiative have not been met or when plaintiffs allege an initiative’s subject-matter is outside the constitutionally delineated scope of permissible initiative content. However, because of the ripeness justiciability doctrine that requires a concrete, certain, and immediate legal problem, courts generally will not adjudicate pre-election …