Administrative Law Commons^™

Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher

William & Mary Bill of Rights Journal

No abstract provided.

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Faculty Publications

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This Article proposes …

Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold

Seattle Journal for Social Justice

No abstract provided.

To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day

Seattle Journal for Social Justice

No abstract provided.

Using Social Media In Rulemaking: Possibilities And Barriers, Michael E. Herz

Online Publications

“Web 2.0” is characterized by interaction, collaboration, non-static web sites, use of social media, and creation of user-generated content. In theory, these Web 2.0 tools can be harnessed not only in the private sphere but as tools for an e-topia of citizen engagement and participatory democracy. Notice-and-comment rulemaking is the pre-digital government process that most approached (while still falling far short of) the e-topian vision of public participation in deliberative governance. The notice-and-comment process for federal agency rulemaking has now changed from a paper process to an electronic one. Expectations for this switch were high; many anticipated a revolution that …

Injunctions In Sovereign Debt Litigation, Mark C. Weidemaier, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Injunctions against foreign sovereigns have come under criticism on comity and enforcement grounds. We argue that these objections are overstated. Comity considerations are important but not dispositive. Enforcement objections assign too much significance to the court’s inability to impose meaningful contempt sanctions, overlooking the fact that, when a foreign sovereign is involved, both money judgments and injunctions are enforced through what amounts to a court-imposed embargo. This embargo discourages third parties from dealing with the sovereign and, if sufficiently costly, can induce the sovereign to comply. Nevertheless, we are skeptical about injunctions in sovereign debt litigation. They are prone to …

Summary Of Pub. Emps.’ Ret. Sys. Of Nev. V. Reno Newspapers, Inc., 129 Nev. Adv. Op. 88, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined whether the confidentiality set forth in NRS 286.110(3) applies to individual files of retired employees maintained by the Public Employees’ Retirement System of Nevada (“PERS”).

Summary Of Elizondo V. Hood Mach., Inc., 129 Nev. Adv. Op. 84, Jennifer Cutshall

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an appeals officer’s conclusory order in a workers’ compensation matter failed to meet the statutory requirements of NRS 233B.125; and (2) whether the doctrines of claim and issue preclusion apply to require dismissal of a fourth request to reopen an industrial injury claim under NRS 616C.390.

Naalj Membership Application And Questionnaire, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries , Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Exhausted? Video Game Companies And The Battle Against Allowing The Resale Of Software Licenses, Alice J. Won

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Brand Name Or Generic? A Case Note On Caraco Pharmaceutical Laboratories V. Novo Nordisck , Michael Vincent Ruocco

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of the backlog …

Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Statement Of The Association Of Administrative Law Judges: Committee On Ways And Means, Subcommittee On Social Security, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.

About The Authors

Seattle Journal for Social Justice

No abstract provided.

Falling Behind: Processing And Enforcing Permits For Animal Agriculture Operations In Maryland Is Lagging, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

After decades of failed interstate agreements, the Chesapeake Bay is choking on too many nutrients. The estuary’s last, best chance of recovery is the Environmental Protection Agency's Total Maximum Daily Load (“TMDL”) program, also known as a pollution diet. To meet this deadline, all polluters, including large animal farms, will need to sharply reduce the pollutants they release into the Bay. The Maryland Department of the Environment (MDE) must ensure that each Concentrated Animal Feeding Operation (“CAFO”) has developed a facility-specific permit that details when and where manure is applied to fields and how waste is stored and handled. Then …

Is New Governance The Ideal Architecture For Global Financial Regulation?, Annelise Riles

Cornell Law Faculty Publications

A central challenge for international financial regulatory systems today is how to manage the impact of global systemically important financial institutions (G-SIFIs) on the global economy, given the interconnected and pluralistic nature of regulatory regimes. This paper focuses on the Financial Stability Board (FSB) and proposes a new research agenda for the FSB’s emerging regulatory forms. In particular, it examines the regulatory architecture of the New Governance (NG), a variety of approaches that are supposed to be more reflexive, collaborative, and experimental than traditional forms of governance. A preliminary conclusion is that NG tools may be effective in resolving some …

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.