Administrative Law Commons^™

Problem Kewenangan Mahkamah Konstitusi Memutus Perselisihan Hasil Pilkada, M. Abid Ulil Albab Af

Jurnal Hukum & Pembangunan

Initially the election was included in the regional autonomy government regime, so that the settlement of election disputes was under the authority of the Supreme Court. Then the legislators put the election into the electoral regime and formed Law No. 12 of 2008 concerning Regional Government which in Article 236C of the Law states that the settlement of election disputes was transferred and resolved in the Constitutional Court. On May 19, 2014 the Constitutional Court granted the examination of Article 236 C of Law No. 12 of 2008 related to the authority of the Constitutional Court to decide on disputes …

Organizational-Legal Bases Of Involving Political Parties In The Activities Of Representing Bodies Of Local State Authorities, A.D. Babadjanov

Review of law sciences

In this article, the essence, forms, theoretical and legal foundations of the participation of the Kengashes of People's Deputies and the citizens in the discussion of draft laws are revealed as well as proposals on improving the organizational and legal mechanism of its expansion.

Decentralization As The Factor Of Efficiency Increase Of The Activities Of Local Representative Bodies, Z. Israilova

Review of law sciences

The article is devoted to the process of reforming the system of public administration in Uzbekistan aimed at increasing the effectiveness and transparency of local authorities, strengthening their authority and autonomy, and their accountability.

Legal Mechanisms Of Attracting Foreign Citizens To Jobs In Uzbekistan: Existing Problems And Their Solutions, B. Musaev

Review of law sciences

In this article, the author analyzes the legal mechanism of the process of recruiting foreign citizens in Uzbekistan, as well as regulatory legal acts in a relevant area and the problems of their application. In the conclusion of the article, the author offers suggestions on improving the process of recruiting foreign citizens in Uzbekistan.

The Authority Of Jokari Kengesh Of The Republic Of Karakalpakstan On Identifying Legal Status Of The Council Of Ministers Of The Republic, S Erniyazov

Review of law sciences

This article considers the issues of interaction of Jokarga Kenes of the Republic of Karakalpakstan with the Council of Ministers of the Republic, analyzes the powers of supreme legislative body to determine the legal status of the government of the republic, and suggests improvements in the control and analytical activities of Jokarga Kenes of the Republic of Karakalpakstan.

The Authority Of Jokari Kengesh Of The Republic Of Karakalpakstan On Identifying Legal Status Of The Council Of Ministers Of The Republic, S Erniyazov

Review of law sciences

This article considers the issues of interaction of Jokarga Kenes of the Republic of Karakalpakstan with the Council of Ministers of the Republic, analyzes the powers of supreme legislative body to determine the legal status of the government of the republic, and suggests improvements in the control and analytical activities of Jokarga Kenes of the Republic of Karakalpakstan.

Organizational-Legal Bases Of Involving Political Parties In The Activities Of Representing Bodies Of Local State Authorities, A.D. Babadjanov

Review of law sciences

In this article, the essence, forms, theoretical and legal foundations of the participation of the Kengashes of People's Deputies and the citizens in the discussion of draft laws are revealed as well as proposals on improving the organizational and legal mechanism of its expansion.

Decentralization As The Factor Of Efficiency Increase Of The Activities Of Local Representative Bodies, Z. Israilova

Review of law sciences

The article is devoted to the process of reforming the system of public administration in Uzbekistan aimed at increasing the effectiveness and transparency of local authorities, strengthening their authority and autonomy, and their accountability.

Legal Mechanisms Of Attracting Foreign Citizens To Jobs In Uzbekistan: Existing Problems And Their Solutions, B. Musaev

Review of law sciences

In this article, the author analyzes the legal mechanism of the process of recruiting foreign citizens in Uzbekistan, as well as regulatory legal acts in a relevant area and the problems of their application. In the conclusion of the article, the author offers suggestions on improving the process of recruiting foreign citizens in Uzbekistan.

Increasing Investor Protection Through Improving Hedge Fund Valuation, Deirdre Farrell

St. John's Law Review

(Excerpt)

This Note examines the current hedge fund regulations in the United States and in Europe, and proposes ways for regulators to improve hedge fund valuation in the United States to increase investor protection. Although valuation issues affect all pooled investment vehicles that invest in illiquid, difficult-to-value assets, this Note focuses only on the valuation systems of hedge funds.

Part I gives an overview of hedge funds in general—their structure and the major stakeholders involved. Part II summarizes the valuation process and its associated issues. Part III describes recent regulatory changes in the United States affecting hedge funds, including the …

Endangered Deference: Separation Of Powers And Judicial Review Of Agency Interpretation, Kathryn M. Baldwin

St. John's Law Review

(Excerpt)

This Note proceeds in four parts: Part I consists of a brief history of the development of agency deference doctrine. Part II examines the decline of deference from the perspective of all three branches of government: the overuse by the executive agency that catalyzed deference’s denouement, the underuse by the United States Supreme Court and renewed separation of powers challenges, and the parallel assault from Congress under the pending SOPRA. Part III addresses the proposed de novo review standard and highlights the deficiencies in that solution, emphasizing instead the tools that Congress already employs to meaningfully check agency interpretations. …

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land & Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.

Western Organization Of Resource Councils V. Zinke, Daniel Brister

Public Land & Resources Law Review

Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.

Table Of Contents And Editorial Board, Michelle Wellnitz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Pepperdine University School Of Law Legal Summaries, Armando Lopez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Sec Disgorgement Actions: Equitable Remedy Or Penalty?, Armando Lopez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Mining For Children’S Data In Today’S Digital World, Damin Park

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Keeping The Healthcare Industry Accountable, Yoori Chung

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Sg’S Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Administrative Law Scholars In Support Of Neither Party, Richard J. Pierce Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger

Journal of the National Association of Administrative Law Judiciary

This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …

The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Dedication To The Honorable Larry Jay Craddock, Julian Mann Iii, Selina Malherbe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Constitutionalism And The Unity Of Public Law, Matthew Lewans

Osgoode Hall Law Journal

Public law scholarship in the common law tradition often aims at elucidating a connection between law and constitutional values like equality, due process, and the rule of law. However, in their quest to reveal the morality of public law, common lawyers often focus their attention on judicial interpretations of constitutional values to the exclusion of other sources of constitutional jurisprudence. The author argues that the traditional fascination with courts as the primary or exclusive arbiters of constitutional values should be tempered and supplemented by recognizing the valuable contributions of administrative officials who interpret and enforce constitutional norms when exercising statutorily …

Judge Kavanaugh, Chevron Deference, And The Supreme Court, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker

Popular Media

How might a new U.S. Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court?

To find at least a preliminary answer, we can look to his judicial behavior while serving on the U.S. Court of Appeals for the D.C. Circuit—and there is plenty of relevant Kavanaugh judicial behavior to observe. Since starting his service on the D.C. Circuit in 2006, Judge Kavanaugh has participated in the disposition of around 2,700 cases and has authored more than 300 opinions. Over a third of those authored opinions involved administrative law.