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Administrative Law Commons

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Articles 3181 - 3210 of 13767

Full-Text Articles in Administrative Law

My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson Aug 2020

My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson

Public Land & Resources Law Review

No abstract provided.


The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell Aug 2020

The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell

Public Land & Resources Law Review

No abstract provided.


Alice Creek, Dolores Colburg Aug 2020

Alice Creek, Dolores Colburg

Public Land & Resources Law Review

No abstract provided.


Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden Aug 2020

Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden

Public Land & Resources Law Review

No abstract provided.


Author Biographies Aug 2020

Author Biographies

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Aug 2020

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter From The Editor Aug 2020

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.


Plrlr Editors And Staff Aug 2020

Plrlr Editors And Staff

Public Land & Resources Law Review

No abstract provided.


Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake Aug 2020

Big Agriculture And Harm To Minority Communities: How Administrative Civil Rights Complaints Are The Solution, Morgan Drake

BYU Law Review

No abstract provided.


Lessons On Race And Place-Based Participation From Environmental Justice And Geography, Sonya Ziaja Aug 2020

Lessons On Race And Place-Based Participation From Environmental Justice And Geography, Sonya Ziaja

All Faculty Scholarship

As scholars grapple with racism in Administrative Law, it is important to consider place-based scholarship from the perspectives of Environmental Justice and Geography. Both provide important insights into how administrative agencies can be instruments of strategic-structural racism and how administrative law can facilitate equity in regulation.


Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2019-115 (EAP Ohio, LLC; K Wallace West Unit)


Appeal No. 0983: Golden Eagle Resources Ii, Llc & Siltstone Resources, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0983: Golden Eagle Resources Ii, Llc & Siltstone Resources, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2020-87 (Gulfport Appalachia, LLCC; MEC Northwest Unit)


Appeal No. 0987: Rosalie Christman V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0987: Rosalie Christman V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2020-11


Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-303


Appeal No. 0975: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0975: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2019-81 (ESP Ohio, LLC; Barrett Unit)


Appeal No. 0977: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0977: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2019-114 (EAP Ohio, LLC; K Wallace East Unit)


How Regulator Can Reduce Fish Mortality From Recreational Fishing, Jonathan (Jack) Agosta Aug 2020

How Regulator Can Reduce Fish Mortality From Recreational Fishing, Jonathan (Jack) Agosta

Fordham Environmental Law Review

No abstract provided.


Illuminating Regulatory Guidance, Cary Coglianese Aug 2020

Illuminating Regulatory Guidance, Cary Coglianese

Michigan Journal of Environmental & Administrative Law

Administrative agencies issue many guidance documents each year in an effort to provide clarity and direction to the public about important programs, policies, and rules. But these guidance documents are only helpful to the public if they can be readily found by those who they will benefit. Unfortunately, too many agency guidance documents are inaccessible, reaching the point where some observers even worry that guidance has become a form of regulatory “dark matter.” This article identifies a series of measures for agencies to take to bring their guidance documents better into the light. It begins by explaining why, unlike the …


The "Directive" Prong: Adding To The Allied-Signal Framework For Remand Without Vacatur, T. Alex B. Folkerth Aug 2020

The "Directive" Prong: Adding To The Allied-Signal Framework For Remand Without Vacatur, T. Alex B. Folkerth

Michigan Journal of Environmental & Administrative Law

“Remand without vacatur” is an administrative law remedy that allows courts reviewing agency actions with minor legal defects to leave the action in place while the agency fixes the defect. Courts use a two-prong test from the 1993 D.C. Circuit case Allied-Signal, Inc. v. U.S. Nuclear Regulatory Commission to determine whether or not to vacate the action pending remand. Allied-Signal’s “deficiency” prong directs the court to consider how bad the defect is. The “disruption” prong directs the court to consider how much havoc will be wreaked by the vacation of the action while the agency is fixing the defect. …


Stare Decisis And The Identity-Over-Time Problem: A Comment On The Majority's Wrongness In Kisor V. Wilkie, Christian Talley Aug 2020

Stare Decisis And The Identity-Over-Time Problem: A Comment On The Majority's Wrongness In Kisor V. Wilkie, Christian Talley

SMU Law Review Forum

In Kisor v. Wilkie, the Supreme Court recently confronted whether to overrule the doctrine under which courts defer to agencies’ interpretations of their own ambiguous regulations—so-called Auer or Seminole Rock deference. In its prior reexaminations of Seminole Rock, the Court had progressively restricted the doctrine’s scope, leading observers to wonder whether the Justices would scrap it for good. This question of administrative law ignited a corollary debate about stare decisis. Writing for the majority, Justice Kagan argued that stare decisis mandated the preservation of Seminole Rock. Yet as she appealed to stare decisis, her opinion further restricted …


22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island Jul 2020

22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


Solvency As A Fundamental Constraint On Lolr Policy For Independent Central Banks: Principles, History, Law, Sir Paul M. W. Tucker Jul 2020

Solvency As A Fundamental Constraint On Lolr Policy For Independent Central Banks: Principles, History, Law, Sir Paul M. W. Tucker

Journal of Financial Crises

This paper follows up earlier work advocating a principled modernization of doctrines for central bank lender-of-last-resort policies and operations. It argues for a new Fundamental Constraint on such authorities: namely, “the principle that central banks should not lend to firms that they know (or should know) to be fundamentally bust or broken.” Tucker supports this with commentary from various peers, a review of principles underlying bankruptcy law and resolution schemes, and by deconstructing other common counterarguments. Centrally, he argues that when central banks breach the Fundamental Constraint, they distribute resources to short-term creditors at the expense of longer-term creditors, …


Building A National Ocean Policy Confronts Deconstruction Of The Administrative State, Brion Blackwelder Jul 2020

Building A National Ocean Policy Confronts Deconstruction Of The Administrative State, Brion Blackwelder

Faculty Scholarship

No abstract provided.


Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli Jul 2020

Playing Politics With Executions Abuse Of Executive Discretion, Joanmarie Davoli

Faculty Scholarship

No abstract provided.


Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein Jul 2020

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Cornell Law Review

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. Chevron as construction is supported by powerful arguments; it …


Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein Jul 2020

Chevron As Construction, Lawrence B. Solum, Cass R. Sunstein

Georgetown Law Faculty Publications and Other Works

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand and construction on the other. In cases of interpretation, judges (or agencies) must ascertain the meaning of a statutory term. In cases of construction, judges (or agencies) must develop implementing principles or specify a statutory term. Chevron as construction is supported by powerful arguments; it …


The Incidental Environmental Agency, Tara K. Righetti Jul 2020

The Incidental Environmental Agency, Tara K. Righetti

Utah Law Review

State oil and gas conservation agencies are the gatekeepers to oil and gas development: as the agencies charged with granting drilling permits, they decide if, when, where, and how oil and gas will be developed. As such, oil and gas conservation agencies sit on the front lines in the emerging, and increasingly irresolvable, struggle between fossil energy development and the environment. Current oil and gas conservation regulation is designed to promote development, maximize recovery of the resource, and protect the individual property rights of mineral owners. However, advocacy by environmental constituencies, including surface owners and local governments, has challenged the …


Prosecutorial Declination Statements, Jessica A. Roth Jul 2020

Prosecutorial Declination Statements, Jessica A. Roth

Articles

This Article examines how prosecutors convey to various audiences their decisions not to charge in discrete cases. Although prosecutors regularly issue public statements about their declinations—and anecdotal evidence suggests that declination statements are on the rise—there is an absence of literature discussing the interests that such statements serve, the risks that they pose, and how such statements are consistent with the prosecutorial function. Prosecutors also operate in this space without clear ground rules set by law, policies, or professional standards. This Article attempts to fill that void. First, it theorizes the interests potentially advanced by such statements—characterized as signaling, accountability, …


Mempertanyakan Pancasila Sebagai Grundnorm: Suatu Refleksi Kritis Dalam Perspektif Fondasionalisme, E. Fernando M. Manullang Jun 2020

Mempertanyakan Pancasila Sebagai Grundnorm: Suatu Refleksi Kritis Dalam Perspektif Fondasionalisme, E. Fernando M. Manullang

Jurnal Hukum & Pembangunan

Legal scholars in Indonesia discuss whether Pancasila is grundnorm or not. Grundnorm according to Hans Kelsen is the basis for validity of legal norms. Kelsen is therefore considered a foundational scholar according to Luc J. Wintgens. Meanwhile, in the view of foundationalism, certain foundation can be accepted if such foundation becomes belief. Thus, saying that Pancasila is basic norm or not, in the view of foundationalism shall answer whether Pancasila is a belief or not. Instead of continuing the debates whether Pancasila is a grundnorm or not, this article instead takes the pre-debates stands, namely reflecting critically the question Pancasila …


How Single-Candidate Super Pacs Changed The Game And How To Change It Back: Adopting A Presumption Of Coordination And Fixing The Fec’S Gridlock, Sarah E. Adams Jun 2020

How Single-Candidate Super Pacs Changed The Game And How To Change It Back: Adopting A Presumption Of Coordination And Fixing The Fec’S Gridlock, Sarah E. Adams

Brooklyn Law Review

A series of Supreme Court decisions chipping away at campaign finance regulations, particularly the regulation of expenditure-only groups, has resulted in a proliferation of single-candidate Super PACs. While purportedly independent of the candidate, in reality, single-candidate Super PACs operate as an extension of the candidate’s own campaign team. This note argues that single-candidate Super PACs, now operating as fundamental extensions of candidates’ campaigns, pose quid pro quo corruption risks by acting as surrogates for donors who have maxed out on contributions made directly to a candidate. This note will prove that curbing the proliferation of candidate Super PAC coordination, and …