Administrative Law Commons^™

Cityland – Vol. 8, No. 6, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and development activity in New York City as of July 15, 2011. The City Council approved a modified 130-block rezoning in Sunnyside and Woodside, Queens, reducing building height limits along Queens Boulevard. A controversial rezoning in Whitestone was approved to allow expansion of the White House restaurant, while a rezoning for a mixed-use project in Flushing was also approved. A proposed rezoning in Cambria Heights was withdrawn following community opposition. The City Planning Commission certified the Admirals Row Plaza redevelopment in the Brooklyn Navy Yard and authorized Phase 1 of Freshkills Park’s …

Summary Of State, Tax Comm’N V. American Home Shield, 127 Nev. Adv. Op. No. 31, Chelsey Bosworth

Nevada Supreme Court Summaries

An appeal from a taxpayer refund action where the district court determined that the taxpayer was entitled to refunds from prior years and interest.

The Implications Of Disentanglement, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Scholars have long used the term "administrative search cases" to refer to judicial decisions dealing with searches carried out by officials other than the police and designed to implement prohibitions that are as much regulatory as criminal. These searches include health and safety inspections, roadblocks, drug testing, and searches of school children and public employees for evidence of rule violations. In her article Disentangling Administrative Searches,' Professor Eve Brensike Primus makes three distinct claims about the Supreme Court's decisions on this subject. Her first and most important argument is that, contrary to the usual view, these cases are not all …

Summary Of Village League V. State, Bd. Of Equalization, 127 Nev. Adv. Op. No. 30, Christopher Scott Connell

Nevada Supreme Court Summaries

Appeal from a district court order granting a writ of mandamus for the overpayment of property taxes.

Judicial Review Of Public Utility Commissions, Jonathan Armiger

Indiana Law Journal

No abstract provided.

Paul R. Verkuil, Antonin Scalia

Cardozo Law Review

No abstract provided.

The Executive Branch, Administrative Action, And Comparative Expertise, Stephen Breyer

Cardozo Law Review

No abstract provided.

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Faculty Publications

No abstract provided.

Food And Drug Administration Regulation Of Food Safety, Lawrence O. Gostin, Katie F. Stewart

Georgetown Law Faculty Publications and Other Works

Food-borne illness remains a major public health challenge in the United States, causing an estimated 48 million illness episodes and 3000 deaths annually. The FDA Food Safety Modernization Act (FSMA), enacted in 2011, gives the Food and Drug Administration (FDA) new tools to regulate food safety. The act emphasizes prevention, enhanced recall authority, and oversight of imported food.

The FSMA brings the FDA’s food safety regulation in line with core tenets of public health by focusing on preventing outbreaks, rather than reacting to them, and differentiating between foods and food producers based on the degree of risk they pose. The …

Rethinking Judicial Review Of Administrative Action: A Nineteenth Century Perspective, Jerry L. Mashaw

Cardozo Law Review

No abstract provided.

Biography: Paul R. Verkuil

Cardozo Law Review

No abstract provided.

Dean Verkuil, Michael Herz

Cardozo Law Review

No abstract provided.

Statutory Time Limits On Judicial Review Of Rules: Verkuil Revisited, Ronald M. Levin

Cardozo Law Review

No abstract provided.

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Cardozo Law Review

No abstract provided.

Agency Independence After Pcaob, Kevin M. Stack

Cardozo Law Review

No abstract provided.

Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey S. Lubbers

Cardozo Law Review

No abstract provided.

Paul Verkuil: An Outstanding Scholar In His Spare Time, Richard J. Pierce Jr.

Cardozo Law Review

No abstract provided.

Paul Verkuil And Pragmatic Adjustment In Government, Sidney A. Shapiro

Cardozo Law Review

No abstract provided.

Envisioning The Regulatory State: Technocracy, Democracy, And Institutional Experimentation In The 2010 Financial Reform And Oil Spill Statutes, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

Legislation and Policy Brief

Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability.  Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment.  In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings.  New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices.  These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …

Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley

Legislation and Policy Brief

On July 26, 2010, the Office of the Federal Register and the Government Printing Office (GPO) launched “Federal Register 2.0,” a web version of the daily Federal Register.  As of now, the site is only a prototype; therefore, “Federal Register 2.0” is not yet an official legal edition of the Federal Register, and it will not become official until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting “Federal Register 2.0” official legal status.  Once “Federal Register 2.0” becomes official, the website will allow the public to receive notice of proposed agency regulations, link to a separate …

Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy

Seattle University Law Review

In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …

Cityland – Vol. 8, No. 5, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and policy developments in New York City as of June 15, 2011. The City Council considered the Fair Wages for New Yorkers Act, which would mandate living wages for employees of businesses receiving City subsidies. The Council also approved the West Clinton rezoning, enabling residential development and applying the Inclusionary Housing Program. The proposed Chinatown BID advanced, despite concerns over its assessment formula. A zoning text amendment was introduced to regulate sidewalk cafes in Harlem’s Special 125th Street District. The Council proposed fee increases for DOB and BSA applications. The City Planning …

Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Eric Kuhn, Colorado River Water Conservation District

15 slides

Slides: Thinking The Unthinkable, Lawrence J. Macdonnell

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Lawrence J. MacDonnell, University of Wyoming College of Law

7 slides

Filling The Gap: Commonsense Solutions For Meeting Front Range Water Needs: Executive Summary, Western Resource Advocates, Trout Unlimited, Colorado Environmental Coalition (U.S.)

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

8 pages.

"February 2011"

Presented by Drew Beckwith, Water Policy Manager, Western Resource Advocates, on June 10th at Clyde O. Martz Summer Conference 2011, Navigating the Future of the Colorado River Basin

Full report available at: http://www.westernresourceadvocates.org/gap

Materials For Presentation: The Disappearing Colorado River, Lawrence J. Macdonnell

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

7 pages.

"Western Economics Forum, Fall 2010"

Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law

9 slides

Slides: Smart Fallowing: New Strategies In Ag Forbearance, Bonnie Colby

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Dr. Bonnie Colby, Department of Agriculture & Resource Economics, University of Arizona

34 slides

Slides: Long-Term Augmentation Of The Water Supply Of The Colorado River System, Les Lampe

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Les Lampe, Colorado River Water Consultants, Las Vegas, Nevada

29 slides