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Articles 5251 - 5280 of 13802

Full-Text Articles in Administrative Law

The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach Dec 2014

The Uhf Discount And The National Television Ownership Rule: “This I Tell You, Brother: You Can’T Change One Without The Other”, Bill Durdach

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.


Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky Dec 2014

Pesticides: Problems Facing The Industry In Submitting Proprietary Scientific Data To An International Organization, Alexander R. Nemajovsky

Georgia Journal of International & Comparative Law

No abstract provided.


The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues Dec 2014

The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues

Georgia Journal of International & Comparative Law

No abstract provided.


The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies Dec 2014

The Public Administrative Law Context Of Ethics Requirements For West German And American Public Officials: A Comparative Analysis, Mark Davies

Georgia Journal of International & Comparative Law

No abstract provided.


How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce Dec 2014

How The Esa Can Swallow Alaskan Tribal Sovereignty: The Story Of The Iliamna Lake Seals, Charisse Arce

American Indian Law Journal

No abstract provided.


Appeal No. 0856: City Of North Royalton, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2014

Appeal No. 0856: City Of North Royalton, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2013-181; Mandatory Pooling (Callas #8HD Well; Cutter Oil Company)


Appeal No. 0867: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2014

Appeal No. 0867: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-129, Chief's Orders 2014-130 (Alfman AP #1 Well and Ruth Porter #1 Well)


Appeal No. 0868: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2014

Appeal No. 0868: M&R Investments Ohio Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-129, Chief's Orders 2014-130 (Alfman AP #1 Well and Ruth Porter #1 Well)


Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers Dec 2014

Enhancing The Use Of Negotiated Rulemaking By The U.S. Department Of Education, Jeffrey Lubbers

Research Reports & White Papers

White paper for the American Council on Education, published as Appendix IV, Recalibrating Regulation of Colleges and Universities, Report of the Task Force on Federal Regulation of Higher Education, 90-125 (2015), available at http://www.help.senate.gov/imo/media/Regulations_Task_Force_Report_2015_FINAL.pdf


Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr. Dec 2014

Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink Dec 2014

The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink

Georgia Journal of International & Comparative Law

No abstract provided.


Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck Dec 2014

Extradition - Denial Of Asylum - Withholding Deportation - Different Tactics Used By The Attorney General To Deliver Provisional Irish Republican Army Members To The British: Doherty V. United States, 908 F.2d 1108 (2d Cir. 1990), William Roebuck

Georgia Journal of International & Comparative Law

No abstract provided.


Appeal No. 0861: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2014

Appeal No. 0861: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)


Appeal No. 0860: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2014

Appeal No. 0860: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-43 & 2014-44; (Miller #1 Well; bond forfeiture; Cincinnati Insurance Co.)


Widening The Lane: An Argument For Broader Interpretation Of Permissible Uses Under The Driver's Privacy Protection Act, Candace D. Berg Dec 2014

Widening The Lane: An Argument For Broader Interpretation Of Permissible Uses Under The Driver's Privacy Protection Act, Candace D. Berg

Notre Dame Law Review

This Note argues that the recent judicial interpretations of the DPPA by the Supreme Court and the Seventh Circuit have improperly limited the scope of permissible uses. The imposition of reasonableness limitations on disclosure, and the judicial analysis of disclosure to determine the exclusive predominant purpose, were novel judicial interpretations of a longstanding and established statute. Courts’ narrow interpretations of the permissible uses of the DPPA are contrary to the text of the statute and do not advance the statute’s central goals. The courts’ approaches are also likely to have significant practical effect contrary to general policy aims. Such changes …


Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey Dec 2014

Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey

West Virginia Law Review

No abstract provided.


Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker Dec 2014

Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker

West Virginia Law Review

No abstract provided.


The Fragmented Regulation Of Investment Advice: A Call For Harmonization, Christine Lazaro, Benjamin P. Edwards Dec 2014

The Fragmented Regulation Of Investment Advice: A Call For Harmonization, Christine Lazaro, Benjamin P. Edwards

Michigan Business & Entrepreneurial Law Review

Decades of short-term thinking and regulatory fixes created the bewilderingly complex statutory and regulatory structures governing the giving of personalized investment advice to retail customers. Although deeply flawed, the current systems remain entrenched because of the difficulties inherent in making radical alterations. Importantly, the current patchwork systems do not seem to serve retail customers particularly well. Retail customers tend to make predictable and costly mistakes in allocating their assets. Some of this occurs because many investors lack basic financial literacy. A recent study released by the staff of the Securities and Exchange Commission (the “Commission”) on financial literacy among investors …


Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell, Erin G. Watstein Dec 2014

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell, Erin G. Watstein

Mercer Law Review

This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2013 through May 31, 2014 in which principles of administrative law were a central focus of the case. The Article begins with a discussion of cases on exhaustion of administrative remedies, followed by a series of cases discussing statutory construction. The next topic discussed will be the standard of review of an agency decision, with a review of sovereign immunity cases to follow, and the Article concludes with a brief review of enactments from the 2014 regular session of the Georgia General …


Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami Dec 2014

Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami

Fordham Law Review

When a party files suit challenging the legitimacy of an agency’s interpretation of its governing statute, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. instructs courts to defer to the agency’s interpretation where (1) the court has found that Congress had not foreclosed the agency’s interpretation, and (2) the agency’s interpretation was a reasonable or permissible exercise of its authority. However, sometimes Congress enacts statutes delegating authority over a given regulatory space to more than one agency. When two agencies have shared authority under the same regulatory scheme, those agencies may disagree regarding the interpretation of certain provisions that …


Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler Dec 2014

Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan D. Doerfler

Cardozo Law Review

In National Cable & Telecommunications Ass'n v. Brand X Internet Services, the Supreme Court explained that, within the domain of unclear agency-administered statutes, a federal court is subordinate to an administering agency. When an administering agency speaks authoritatively, federal court practice reflects this. When an agency speaks only informally, however, federal court practice does not. Specifically, when construing an agency-administered statute absent an authoritative agency interpretation, a federal court errs, given its subordinate status, when it exercises independent judgment concerning what interpretation is best. Instead, that subordinate status requires a court to predict what authoritative interpretation the administering agency …


Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets, Jack M. Beermann Nov 2014

Safe At Any Speed: Robert Ahdieh’S Take On Cost-Benefit Analysis In Financial Markets, Jack M. Beermann

Shorter Faculty Works

When I saw the title of Robert Ahdieh’s recent article, Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function(s) and Form(s), I thought, “oh no, not another article about CBA.” Knowing Professor Adhieh’s work, I took a flyer and read it anyway, and boy was I happy with my decision. This is a great article which should be of interest to anyone involved in administrative law, securities regulation and policy analysis more generally. Cost-benefit analysis has become an important regulatory tool, and Professor Adhieh’s article makes a valuable contribution to the literature on the special analysis required under Section 106 …


Appeal No. 0888: Edco Drilling And Producing, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2014

Appeal No. 0888: Edco Drilling And Producing, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-254 (Hedrick #1A Well)


A Bridge To Nowhere: Exposing Competition And Pricing Regulations That Lead To Mismanagement And Waste In Government Contracting, Jim R. Moye Nov 2014

A Bridge To Nowhere: Exposing Competition And Pricing Regulations That Lead To Mismanagement And Waste In Government Contracting, Jim R. Moye

Villanova Law Review (1956 - )

No abstract provided.


Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik Nov 2014

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate …


The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch Nov 2014

The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke Nov 2014

The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke

Georgia Journal of International & Comparative Law

No abstract provided.


U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro Nov 2014

U.S. Private On-Orbit Space Situational Awareness Systems And Services: Legal And Regulatory Challenges, Michael Mineiro

Space Traffic Management Conference

One component of Space Traffic Management (STM) is on-orbit Space Situational Awareness (SSA) systems and services. Advances in technology and a growing demand for SSA services, information, and data, coupled with U.S. Government policy that promotes the purchase and use of commercial SSA capabilities, means that private commercial sector is likely to have an important role to play. To date, there is no federal agency with clear jurisdiction over on-orbit remote sensing operations. This paper examines the current regulatory framework, identifies gaps and limitations, and identifies possible ways forward.


Appeal No. 0858: Fresh Water Accountability Project, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2014

Appeal No. 0858: Fresh Water Accountability Project, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-08 (EnerGreen 360 Facility)


Parting The Chevron Sea: An Argument For Chevron's Greater Applicability To Cabinet Than Independent Agencies, Andrew T. Bond Nov 2014

Parting The Chevron Sea: An Argument For Chevron's Greater Applicability To Cabinet Than Independent Agencies, Andrew T. Bond

Notre Dame Law Review

This Note argues that cabinet agencies are better suited to receive Chevron deference than independent agencies because voters should desire such policy decisions to be made by those closest to electoral accountability, rather than unelected Article III judges with life-tenure. In other words, the judiciary should accept the countermajoritarian difficulty as fundamentally true and review cabinet agency decisions in light of Chevron deference. Part I examines the revolutionary decision of Chevron and its aftermath. Central to Part I is an inquiry into whether Chevron should be applied on a case-by-case or across-the-board basis, and whether Chevron has usurped the judiciary’s …