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Articles 3991 - 4020 of 13767
Full-Text Articles in Administrative Law
The Politics Of Selecting Chevron Deference, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker
The Politics Of Selecting Chevron Deference, Kent H. Barnett, Christina L. Boyd, Christopher J. Walker
Scholarly Works
In this article, we examine an important threshold question in judicial behavior and administrative law: When do federal circuit courts decide to use the Chevron deference framework and when do they select a framework that is less deferential to the administrative agency's statutory interpretation? The question is important because the purpose of Chevron deference is to give agencies-not judges-policy-making space within statutory interpretation. We expect, nonetheless, that whether to invoke the Chevron framework is largely driven by political dynamics, with judges adopting a less deferential standard when their political preferences do not align with the agency's decision. To provide insight, …
Appeal No. 0956: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0956: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)
Appeal No. 0957: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0957: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)
Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, J. D. Fellmeth
Department Of Insurance, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Kayla Watson, J. D. Fellmeth
Medical Board Of California, Kayla Watson, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith
Florida's Development Of Regional Impact Process, Practice, And Procedure, Alfred Lloyd Frith
Florida State University Journal of Land Use and Environmental Law
This Article sets forth and analyzes the Development of Regional Impact (DRI) Process and suggests changes which should be made to improve the process under the Florida Environmental Land and Water Management Act. The Article discusses how to determine whether a project is a DRI subject to regulation under chapter 380, Florida Statutes. The Article also discusses various DRI review procedures, including regular DRI review, coordinated review process, master development approval, substantial deviations, and area-wide development plans. The Article explains the appeals process under chapter 380, including standing, procedure and scope of review. The Article concludes that if the DRI …
Balancing Economic Growth And Air Pollution: Prevention Of Significant Deterioration And The Protection Of Florida's Future, Enola R. Tobi
Balancing Economic Growth And Air Pollution: Prevention Of Significant Deterioration And The Protection Of Florida's Future, Enola R. Tobi
Florida State University Journal of Land Use and Environmental Law
This Article researches the history of the Prevention of Significant Deterioration (PSD) program of the Clean Air Act, which serves to protect air quality in areas of the nation where the air is cleaner than the national ambient air quality standards. The Article also attempts to align the goals of the PSD program with those of the State of Florida, and proposes a system of administration that would accomplish these goals with the fewest restrictions. Finally, the Article analyzes the present methods adopted by other states, as well as those proposed by economists, industry members and environmentalists.
The Valuation Of Wetlands, Kathryn Gale Winter Cowdery, Karl Scheuerman, J. Christopher Lombardo
The Valuation Of Wetlands, Kathryn Gale Winter Cowdery, Karl Scheuerman, J. Christopher Lombardo
Florida State University Journal of Land Use and Environmental Law
This Article asserts that an understanding of wetland valuation requires consideration of many disciplines, including biology, chemistry, social sciences, economics, and state and federal law. The authors explain that wetland valuation is dependent upon the definition of "wetland" in the area under study and the surrounding situation, and conclude that if practitioners understand the major points of wetland appraisal, they will be able to present hearing officers and judges with relatively sophisticated, comprehensive, and accurate information upon which rulings can be based.
In Defense Of A Little Judiciary: A Textual And Constitutional Foundation For Chevron, Terence J. Mccarrick Jr.
In Defense Of A Little Judiciary: A Textual And Constitutional Foundation For Chevron, Terence J. Mccarrick Jr.
San Diego Law Review
This Article hopes to help fill that “important gap in the administrative law literature.” And it proceeds in three parts. Part II offers a brief history of the Chevron doctrine and its discontents. It traces the doctrine’s origin and scope and ends by articulating the textualist and originalist critique of Chevron described above. Part III grapples with that criticism and offers a textualist and originalist defense of Chevron. Section III.A describes the textual footing for Chevron in the APA and argues that Chevron—if not commanded by the APA—does not upset the role it envisions for courts. Section III.B describes the …
Appeal No. 0952: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0952: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-13 (Surratt Unit) (Chesapeake Exploration, LLC)
Appeal No. 0954: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0954: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-42 (Keller Unit) (Chesapeake Exploration, LLC)
Appeal No. 0953: George Jr. & Karen L. Dudich, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0953: George Jr. & Karen L. Dudich, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-13 (Surratt Unit; Chesapeake Exploration, LLC)
Appeal No. 0963: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0963: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2018-124
Two Views On The Nationwide Injunction, Jack M. Beermann
Two Views On The Nationwide Injunction, Jack M. Beermann
Shorter Faculty Works
I feel a bit like Gilligan in one of my favorite episodes of Gilligan’s island. The Professor and the Skipper are having an argument over some issue vital to the castaway’s prospects of being rescued from the island. Gilligan is standing in the middle agreeing with everything both parties to the argument say, and finally the two disputants become fed up with Gilligan’s endorsement of diametrically opposing views and they turn on him. In this Jot, I praise two articles that take conflicting views on an issue vital to the future of administrative law, namely, when should federal courts, confronted …
Mischief Managed? The Unconstitutionality Of Sec Aljs Under The Appointments Clause, Jackson C. Blais
Mischief Managed? The Unconstitutionality Of Sec Aljs Under The Appointments Clause, Jackson C. Blais
Notre Dame Law Review
This Note argues that SEC ALJs are inferior officers of the United States and, as a result, are unconstitutional under the Appointments Clause. Part I examines the current state of ALJs and the jurisprudence of the Appointments Clause. Part II provides an analysis of the circuit split between the Tenth and D.C. Circuits over the question of SEC ALJs and the Appointments Clause. Part III argues that the Tenth Circuit in Bandimere v. SEC correctly decided the question presented. This Part further urges the Supreme Court to reverse the D.C. Circuit’s holding in Lucia and, in so doing, adhere to …
Safety From Flawed Forensic Sciences Evidence, Boaz Sangero
Safety From Flawed Forensic Sciences Evidence, Boaz Sangero
Georgia State University Law Review
This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system …
A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper
A Characterization Of The Medical-Legal Partnership (Mlp) Of Nebraska Medicine, Jordan Pieper
Capstone Experience: Master of Public Health
This research study was completed at Legal Aid of Nebraska’s Health, Education, and Law Project through the partnership it has formed working with Nebraska Medicine and Iowa Legal Aid. Traditionally, health and disease have always been viewed exclusively as "healthcare" issues. But with healthcare consistently growing towards holistic approaches to help patients, we now know there are deeper, structural conditions of society that can act as strong driving forces of a person's poor daily living conditions that can negatively impact health. The importance of a Medical-Legal Partnership is that it considers a patient's social determinants of health (SDHs). The goal …
Drug Approval In A Learning Health System, W. Nicholson Price
Drug Approval In A Learning Health System, W. Nicholson Price
Articles
The current system of FDA approval seems to make few happy. Some argue FDA approves drugs too slowly; others too quickly. Many agree that FDA—and the health system generally—should gather information after drugs are approved to learn how well they work and how safe they are. This is hard to do. FDA has its own surveillance systems, but those systems face substantial limitations in practical use. Drug companies can also conduct their own studies, but have little incentive to do so, and often fail to fulfil study commitments made to FDA. Proposals to improve this dynamic often suggest gathering more …
20th Annual Open Government Summit: Access To Public Records Act And Open Meetings Act, 2018, Department Of Attorney General, State Of Rhode Island
20th Annual Open Government Summit: Access To Public Records Act And Open Meetings Act, 2018, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
10
The Porous Court-Agency Border In Patent Law, Saurabh Vishnubhakat
The Porous Court-Agency Border In Patent Law, Saurabh Vishnubhakat
Faculty Scholarship
The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for faster, cheaper, and more accurate validity decisions, Congress in the AIA took steps to force a choice. The result is an emergent border between court and agency power in the U.S. patent system. By design, the border is not absolute. Concurrent activity in both settings over the same dispute remains possible. What is troubling is the systematic weakening of this border by Patent Office encroachments …