Administrative Law Commons^™

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.

The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley

San Diego International Law Journal

In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …

Appeal No. 0836: G-R Contracting, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-21 (Frick #2 & #6, Menzie #1, Carrel #2 Unit)

Balancing Transparency: The Value Of Administrative Law And Mathews-Balancing To Investment Treaty Arbitrations, Cornel Marian

Pepperdine Dispute Resolution Law Journal

Greater reliance on arbitration to resolve cross-border disputes raises concern with the adequacy of arbitration procedural rules. In investment arbitration, transparency in the arbitrable proceedings is closely linked to the public need to review state conduct. This article draws on the responsibility of the arbitrator to balance the interests involved in an arbitration. Due consideration is given to the Global Administrative Law Project, which views many challenges affecting arbitration as the first step towards developing a global unifying standard of procedure. American domestic administrative law provides sufficient guidance in determining adequate procedure. The Mathews standard is of great value to …

Appeal No. 0835: City Of Munroe Falls, Ohio V. Division Of Oil & Gas Resources Management And Beck Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-18; (Beck Energy, Inc.; Bechter #1 Well)

Government Tan Lines: Examining The Reach And Effectiveness Of Federal And State Efforts To Protect Consumers From The Dangers Of Indoor Tanning, Michelle Kay Pulley

Pepperdine Law Review

No abstract provided.

Cityland – Vol. 9, No. 1, Center For New York City Law

CityLand - 2012

This issue of CityLand covers significant land use and zoning developments in New York City as of February 15, 2012. The City Council approved the designation of the Borough Hall Skyscraper Historic District in Downtown Brooklyn, despite opposition from property owners concerned about economic impacts. The Westchester Square BID re-entered its objection period due to notice delivery issues, and six BIDs across the city received budget increases. The City Planning Commission approved Rudin Management’s redevelopment plan for the former St. Vincent’s Hospital site and certified NYU’s long-term campus expansion proposal in Greenwich Village. A public alternative fueling station was approved …

Managing Air Traffic Congestion Through The Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, And - Privatization?, Justin T. Barkowski

Pepperdine Law Review

No abstract provided.

Exile Without Process: The New York City Housing Authority's Unconstitutional Trespass Notice Program, Lauren J. Zimmerman

Cardozo Law Review

No abstract provided.

The Justiciability Of Fair Balance Under The Federal Advisory Committee Act: Toward A Deliberative Process Approach, Daniel E. Walters

Faculty Scholarship

The Federal Advisory Committee Act’s requirement that advisory committees be “fairly balanced in terms of the points of view represented and the functions to be performed” is generally considered either nonjusticiable under the Administrative Procedure Act or justiciable but subject to highly deferential review. These approaches stem from courts’ purported inability to discern from the text of the statute any meaningful legal standards for policing representational balance. Thus, the Federal Advisory Committee Act’s most important substantive limitation on institutional pathologies such as committee “capture” or domination is generally unused despite the ubiquity of federal advisory committees in the modern regulatory …

Inside Agency Preemption, Catherine M. Sharkey

Michigan Law Review

A subtle shift has taken place in the mechanics of preemption, the doctrine that determines when federal law displaces state law. In the past, Congress was the leading actor, and courts and commentators focused almost exclusively on the precise wording of its statutory directives as a clue to its intent to displace state law. Federal agencies were, if not ignored, certainly no more than supporting players. But the twenty-first century has witnessed a role reversal. Federal agencies now play the dominant role in statutory interpretation. The U.S. Supreme Court has recognized the ascendancy of federal agencies in preemption disputes-an ascendancy …

Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations

10 slides

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level

8 slides

Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.

19 slides

Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Impacts from Oil and Gas Development (January 27)

Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.

The Auditor For The Auditors' Auditor: Accounting For The Unitary Executive In Free Enterprise Fund V. Public Company Accounting Oversight Board, Kelsey Elizabeth Stapler

Pepperdine Law Review

No abstract provided.

Appeal No. 0838: Summitcrest, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance; Chesapeake Exploration, LLC

Political Oversight Of Agency Decisionmaking, Michael E. Herz

Online Publications

Administrative agencies are often said to possess (a) expertise and (b) accountability. These are the attributes that Justice Stevens relied on in Chevron, for example, to justify judicial deference to agency “interpretation” that is really policymaking. Both of these admirable characteristics are exaggerated, but neither is mythical. What is to be done, however, when they conflict?

Alumni Association Of The Arab Orthodox School In Haifa V. Minister Of Finance, Miriam Naor, Dorit Beinisch, Eliezer Rivlin

Translated Opinions

Facts: The Budget Elements Law was amended in 2011 to include a new section 3b, which provided that if an entity that receives support or budgeting from the government incurs an expense that falls within any of several listed categories, the Minister of Finance can reduce the entity’s budget or support by an amount no greater than three times the size of the said expense. Of the categories listed, the petitioners focused their challenge on two of them: the first, sub-section 3b(b)(1), referring to an expense which was “in essence” a negation of the values of the State of Israel …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

Center on Children, Families, and the Law: Faculty Publications

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Maryland State And County Administrative Law, Diane O. Leasure, John F. Fader Ii

Book Gallery

No abstract provided.

Can He Legally Do That? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival

Faculty Scholarship

No abstract provided.

Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana

Faculty Scholarship

The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively.

An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …

Nevada Administrative Law Research Guide, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Nevada Legal Research Guides / Reference Desk Guides

No abstract provided.

The Irrelevance Of Politics For Arbitrary And Capricious Review, Mark Seidenfeld

Scholarly Publications

This Article contends that, properly understood, judicial review of agency action under the reasoned decision-making standard precludes a court from considering political influence, but nonetheless allows an agency to consider it. It does so by identifying two fundamental attributes of such review, as courts have traditionally applied it, that have eluded scholarly focus and perhaps recognition altogether. The first attribute is that agency reasons, which are what courts review, are justifications rather than motivations for agency action. From this attribute, it follows that the irrelevance of politics for judicial review does not preclude politics as a legitimate agency consideration. The …

Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans

Michigan Telecommunications & Technology Law Review

This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …

The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum

Articles

The Supreme Court's willingness to defer to agency interpretations of ambiguous statutes has vacillated over the past seventy years. The Court's vacillation has dramatically impacted the executive 's power to make and interpret law. This Article examines how the Court augmented then constricted executive lawmaking power and ceded then reclaimed executive interpretive power with a single case and its legal progeny. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and its aftermath dramatically altered the executive's power to make and interpret law. Prior to Chevron, Congress had the primary responsibility for lawmaking, while agencies made policy choices primarily when …

Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Mckinley Brennan

Working Paper Series

This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.