Administrative Law Commons^™

Cityland – Vol. 9, No. 7, Center For New York City Law

CityLand - 2012

This issue of CityLand covers key land use and preservation developments in New York City as of September 2012. The City Council denied a sidewalk café permit for Buschenschank restaurant in Carroll Gardens due to inaccurate plans and noise complaints. The City Planning Commission certified Trinity Church’s proposal to create the Special Hudson Square District, and approved the Seward Park Mixed-Use Development Project and NYCHA’s Soundview affordable housing plan. BSA approved a rooftop addition to a townhouse on West 78th Street. Landmarks designated the Brinckerhoff Cemetery in Queens and calendared the Rainbow Room for interior landmark status. A new building …

The Volcker Rule's Hedging Exemption, Spencer A. Winters

Michigan Law Review First Impressions

The comment period for the proposed regulations to be promulgated under the Volcker Rule expired on February 13, 2012. The rulemakers received over 16,000 comments during that period, in what one commentator described as a "fecal storm." Though that description is hopefully an exaggeration, it is safe to say that the Rule's implementation has been contentious. The Volcker Rule, named for former chairman of the Federal Reserve Paul Volcker, is a component of the Dodd-Frank Act, which Congress passed in response to the recent financial crisis. The Rule's statutory provision charges the nation's financial regulators with issuing a body of …

Do Investment Treaties Prescribe A Deferential Standard Of Review, Anna T. Katselas

Michigan Journal of International Law

The dramatic rise in foreign investment in recent decades has brought with it a corresponding increase in the number of bilateral investment treaties (BITs) and, in turn, the number of international investment disputes arising under those treaties. Investment treaty arbitration is the predominant method used to settle those disputes and has certain advantages for both foreign investors and host states compared to available alternatives, but it can tread on delicate issues typically within the domaine rieservd of states. The concern about due regard for sovereign interests in this context is far from purely academic. In the past twenty years, the …

Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi

Michigan Journal of Race and Law

Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …

Roles For State Energy Regulators In Climate Change Mitigation , Brandon Hofmeister

Michigan Journal of Environmental & Administrative Law

The construction of new power plants in the United States carries the risk of significantly contributing to global climate change. After concluding that the current federal regulatory response to climate change risks from power plants is inadequate, this Article examines three potential roles for state energy regulators to play as a bridge climate mitigation strategy until a cohesive federal policy is enacted. State energy regulators have received relatively little attention as potential climate change regulators, but they are well positioned to analyze and mitigate climate change risks from new power plants. The Article considers the advantages and drawbacks of state …

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt, Cornell Erulemaking Initiative

Michigan Journal of Environmental & Administrative Law

This Article considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University. An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …

A New Prescription To Balance Secrecy And Disclosure In Drug-Approval Processes, Gerrit M. Beckhaus

University of Michigan Journal of Law Reform

To obtain approval to market a drug, a manufacturer must disclose significant amounts of research data to the government agency that oversees the approval process. The data often include information that could help advance scientific progress, and are therefore of great value. But current laws in both the United States and Europe give secrecy great weight. This Article proposes an obligatory sealed-bid auction of the sensitive information based on the experience with similar auctions in mergers and acquisitions, to balance manufacturers' interest in secrecy and the public interest in disclosure.

The Federal Reserve As Last Resort, Colleen Baker

University of Michigan Journal of Law Reform

The Federal Reserve, the central bank of the United States, is one of the most important and powerful institutions in the world. Surprisingly, legal scholarship hardly pays any attention to the Federal Reserve or to the law structuring and governing its legal authority. This is especially curious given the amount of legal scholarship focused on administrative agencies that do not have anywhere near as critical a domestic and international role as that of the Federal Reserve. At the core of what the Federal Reserve does and should do is to conduct monetary policy so as to safeguard pricing, including that …

Reviving National Muffler: Analyzing The Effect Of Mayo Foundation On Judicial Deference As Applied To General Tax Authority Guidance, Matthew H. Friedman

NULR Online

No abstract provided.

Cityland – Vol. 9, No. 6, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of August 2012. The City Council approved a further-reduced version of NYU’s Core Expansion Plan, including height reductions and community space commitments. The City Planning Commission held a hearing on Jamestown Properties’ Chelsea Market expansion, which faced opposition over its impact on the High Line and lack of affordable housing. A rezoning in South Williamsburg was approved to facilitate a two-building residential project with affordable units. The Board of Standards & Appeals adopted revised rules to streamline application procedures and approved a special permit …

Objections To The Proposed Access Copyright Post-Secondary Tariff And Its Progeny Licenses: A Working Paper, Samuel Trosow, Scott Armstrong, Brent Harasym

FIMS Publications

On March 31, 2010, Access Copyright applied to the Copyright Board to certify a tariff that would govern the relationship between the organization and the members of the Association of Universities and Colleges of Canada (AUCC) and the Association of Community Colleges of Canada (ACCC). Previously, the relationship had been governed by a series of license agreements between the organizations which had been periodically renewed. But Access Copyright chose not to seek renewal of the licenses, and applied to the Board to certify a general tariff that would cover all post-secondary institutions for the period of 2011 through 2013.

Access …

Appeal No. 0839: Municipality Of Sebring, Ohio V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-37; (Ohio Valley Energy Systems, Grindley #1 Well)

The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection And Affordable Care Act Despite State Court Split, Rafael Andre Roberti

Legislation and Policy Brief

The legal and medical communities have debated the impact and necessity of medical liability reform for over twenty years. At the heart of the debate is the question of how to strike a balance between compensating patients and their families for the thousands of deaths and injuries resulting from medical errors that occur annually, and encouraging physicians to continue to care for patients across America. While several states have passed medical liability reform laws previously, on March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA)—colloquially known as the “health care bill”—that contains provisions on medical …

Making The Case For Wilderness: The Bureau Of Land Management’S Wild Lands Policy And Its Role In The Storied History Of Wilderness Protection, Maureen O’Dea Brill

Legislation and Policy Brief

On December 23, 2010, the Secretary of the Department of the Interior, Ken Salazar, issued Secretarial Order No. 3310, commonly referred to as the Wild Lands Policy. The Wild Lands Policy established a two-step process through which the Bureau of Land Management (BLM), an agency within the Department of the Interior, was to inventory and to manage its lands with wilderness characteristics (LWCs). The policy continued the requirement that the BLM maintain a current inventory of LWCs and evaluate these LWCs during the previously established land use planning process. The Wild Lands Policy further required that the BLM protect LWCs …

Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady

Pepperdine Law Review

No abstract provided.

Medicating The Ada - Sutton V. United Airlines, Inc.: Considering Mitigating Measures To Define Disability, Ian D. Thompson

Pepperdine Law Review

No abstract provided.

14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Prea 101 For Adult Prisons, Brenda V. Smith

Presentations

No abstract provided.

Cityland – Vol. 9, No. 5, Center For New York City Law

CityLand - 2012

This issue of CityLand covers major land use and preservation developments in New York City as of July 2012. The City Council approved a zoning text amendment to limit the size of banks and storefronts in the Upper West Side’s commercial corridors. The City Planning Commission modified and approved NYU’s Core Expansion Plan, reducing building heights, eliminating a proposed hotel, and requiring oversight of open space. Landmarks held a hearing on the proposed East Village/Lower East Side Historic District, receiving mixed testimony. A heavily altered Federal-era rowhouse at 177 West Broadway was decalendared. Landmarks approved reconstruction of a deteriorated Fort …

Home Concrete: After The Cheering, Problems, Steve R. Johnson

Scholarly Publications

No abstract provided.

Summer 2012 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Expanding Horizons: Scientific Frontiers, Legal Regulation And Globalization, Belinda Bennett

Indiana Journal of Global Legal Studies

In the six decades since the discovery of the double helix structure of DNA by Watson and Crick in 1953, developments in genetic science have transformed our understanding of human health and disease. These developments, along with those in other areas such as computer science, biotechnology, and nanotechnology, have opened exciting new possibilities for the future. In addition, the increasing trend for technologies to converge and build upon each other potentially increases the pace of change, constantly expanding the boundaries of the scientific frontier. At the same time, however, scientific advances are often accompanied by public unease over the potential …

Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay

Indiana Law Journal

No abstract provided.

Curb Your E-Waste: Why The United States Should Control Its Electronic Waste Exports, Louisa Olds

Cardozo Journal of International and Comparative Law

The note addresses the urgent issue of electronic waste (e-waste) management, emphasizing the need for comprehensive national legislation in the United States to regulate e-waste exports, collection, and recycling. Drawing lessons from the European Union's WEEE and RoHS Directives, the analysis advocates for uniform standards, producer responsibility, and strict enforcement to prevent illegal exports and ensure environmentally sound practices. The proposed framework aims to reduce the environmental and health impacts of improper recycling, particularly in developing countries, while promoting sustainable practices and resource conservation.

Playing Well With Others - But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi-Member Court, William Araiza

Faculty Scholarship

No abstract provided.

Prea 101 For Juvenile Justice Agencies, Brenda V. Smith

Presentations

No abstract provided.

Prea 101 For Community Corrections Agencies, Brenda V. Smith

Presentations

No abstract provided.

Cityland – Vol. 9, No. 4, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use and preservation developments in New York City as of June 2012. The City Council approved the Mill Basin rezoning and land disposition plan, facilitating Kristal Auto Mall’s relocation and Toys ‘R’ Us site improvements. Taconic Investment Partners received approval to revive a seven-story residential project in Tribeca. The City Planning Commission approved a large contextual rezoning for Woodhaven and Richmond Hill, and certified major rezonings for Bedford-Stuyvesant North and West Harlem. A special permit was considered for a nine-story building at 83 Walker Street in Tribeca. The Commission also reviewed a retroactive …

Appeal No. 0842: Lee & Angela Vickers V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

abandonment questions

Not By Technology Alone: The “Analog” Aspects Of Online Public Engagement In Policymaking, Dmitry Epstein, Mary J. Newhart, Rebecca Vernon

Cornell e-Rulemaking Initiative Publications

Between Twitter revolutions and Facebook elections, there is a growing belief that information and communication technologies are changing the way democracy is practiced. The discourse around e-government and online deliberation is frequently focused on technical solutions and based in the belief that if you build it correctly they will come. This paper departs from the literature on digital divide to examine barriers to online civic participation in policy deliberation. While most scholarship focuses on identifying and describing those barriers, this study offers an in-depth analysis of what it takes to address them using a particular case study. Based in the …