Administrative Law Commons^™

Public Financing, George Bush, And Barack Obama: Why The Publicly Funded Campaign Does Not Work, And What We Can Do To Fix It, Jordan Acker

Legislation and Policy Brief

Today, there are very different public financing rules for both the general and primary election. In the primary, if a candidate meets the requirements for public funding, the federal government will match up to $250 of an individual’s total contributions to an eligible candidate. In order for this to occur, candidates must adopt strict finance limits. In the general election, if an eligible candidate accepts public funding, he or she must cease fundraising after the conclusion of the primaries, and spend the public funding that the Federal Election Commission (FEC) grants them. This money covers all campaign expenditures, except for …

The Model Rules Of Professional Conduct And Political Campaign Activities, Lauren Gilius

Legislation and Policy Brief

This article will examine whether the American Bar Association’s (“ABA”) Model Rules of Professional Conduct (“Model Rules”) should apply to lawyers in situations where a lawyer-candidate or a lawyer involved in a disingenuous political campaign activity, particularly when the lawyer was not convicted on criminal charges. Though the American Bar Association said that the Model Rules apply to dishonesty, fraud, deceit or misrepresentation by lawyers, even when acting in a non-professional capacity, the support for applying the Rules in this context is lacking.

This article will first briefly discuss the development of applying the Model Rules to the non-professional conduct, …

Help America Vote Act Enforcement, Tiana Butcher

Legislation and Policy Brief

Although the Help America Vote Act of 2002 (HAVA) features extensive mandates, its enforcement provisions of are weaker than those found in previous federal election reform laws, including the Voting Rights Act and the National Voter Registration Act. Activists argue this limited enforcement power is a failing of the Act. Congress may have chosen to adopt weak enforcement mechanisms due to political posturing, lack of funding, faulty technology, or lobbying by the states. Regardless of the reason behind this choice, stronger enforcement mechanisms in HAVA would, paradoxically, fail to encourage election reform or deter election reform altogether.

Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-28

Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-27

Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-26

Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-25

Cityland – Vol. 7, No. 8, Center For New York City Law

CityLand - 2010

The September 2010 issue of CityLand covers significant land use, zoning, and preservation developments across New York City. The City Council approved Vornado Realty Trust’s 15 Penn Plaza commercial tower, despite concerns about its impact on the Empire State Building and MWBE participation. The City Planning Commission approved large rezonings in northeast Queens (Auburndale, Oakland Gardens, Hollis Hills) and Rosedale, as well as the Culver El rezoning and housing project in Borough Park. A supportive housing project for women in Prospect Lefferts Gardens was debated. The Commission also approved a zoning text amendment regulating car-share parking. The Board of Standards …

Simplify, Simplify, Simplify-An Analysis Of Two Decades Of Judicial Review In The Veterans' Benefits Adjudication System, Rory E. Riley

West Virginia Law Review

Prior to the Veterans' Judicial Review Act, the Department of Veterans Affairs existed in "splendid isolation," meaning that the Department was insu- lated from judicial review by statute. After the due process revolution of the 1960s and pressure from various veterans' organizations after the Vietnam War, Congress passed the Veterans' Judicial Review Act in 1988. The Act created the U.S. Court of Appeals for Veterans Claims, an Article I court with exclusive jurisdiction over decisions by the Board of Veterans' Appeals. This Article argues that twenty years after the Veterans' Judicial Review Act was imple- mented, the system has become …

Intermountain And The Growing Importance Of Administrative Law In Tax Law, Steve R. Johnson

Scholarly Publications

On September 29, 2009, Treasury issued regulations retroactively extending the six-year limitations period for income tax deficiencies resulting from basis overstatements. In its May 6 Intermountain decision, the Tax Court unanimously invalidated those regulations, but on divided rationales. The government has appealed.

lntermountain is a must-read for tax academics and practitioners. It is among the richest decisions on the procedural and substantive validity of tax regulations. Moreover, the opinions in the case, subsequent cases on the issue, .and commentary on these opinions and cases present genuine opportunity for improvement of the law.

This report has five sections. Section I sketches …

Appeal No. 0824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-15

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

CityLand - 2010

The August 2010 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Flushing Commons and Macedonia Plaza projects in Queens, following a $6 million commitment to support small businesses during construction. The Council also approved the redevelopment of the Domino Sugar site in Williamsburg and advanced the acquisition of the final section of the High Line. The City Planning Commission approved the 15 Penn Plaza commercial tower proposal, which includes reopening the historic Gimbels Passageway. The issue reports on a proposed zoning text amendment to regulate car-share parking and …

Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington

Nevada Supreme Court Summaries

Appeal from a district court’s finding that the City failed to properly amend the Reno Master Plan (“RMP”) and finding that the City violated former Reno Municipal Code (“RMC”) §18.06.404(d)(1)(b).

Appeal No. 0818: Clarence Tussel, Jr., Et Al. V. Division Of Oil & Gas Resources Management And Kastle Resources Enterprises, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-01

Cityland – Vol. 7, No. 6, Center For New York City Law

CityLand - 2010

The July 2010 issue of CityLand covers significant land use, zoning, and preservation developments across New York City. Highlights include the City Council’s approval of a modified version of the Domino Sugar redevelopment in Williamsburg, restoring the height of the office tower and adjusting other components. The Council also approved a zoning text amendment to facilitate a 22-story affordable housing project in West Chelsea and a rezoning for a mixed-income development in Crotona Park East, Bronx. Additional approvals included a new public school facility for P.S. 51 in Clinton and a thirteen-story mixed-use building near Fordham University. The City Planning …

Sheleg Lavan V. Ashkelon Municipality, Edmond E. Levy, Edna Arbel, Neal Hendel

Translated Opinions

Facts: The respondent, the Ashkelon municipal government, issued a tender for the provision of cleaning services. The tender documents set a minimum bid price in accordance with the exact amount of the wages for cleaning workers as determined in a government circular establishing a national standard for such wages. Respondent 2 submitted the lowest and ultimately winning bid. As part of the tender process, respondent 2 explained its ability to pay the minimum wage while also covering expenses and earning a profit by noting its expectations that a percentage of its workers at any given time would not have acquired …

Institutional Design By Default, Michael E. Herz

Online Publications

The central concern of administrative law is how to control agency discretion. Agencies are handed enormous authority, and administrative law consists primarily – indeed, almost exclusively – of a set of doctrines designed to inform, curb, or enable other actors to oversee discretionary agency actions. Administrative law is preoccupied with establishing procedures to prevent agency abuse and designing oversight by non-agency players – the President, Congress, private stakeholders, and, most obviously, the judiciary. All the core doctrines of administrative law are generally understood as implementing basic decisions regarding institutional choice: who does what? How should power be divided up amongst …

The Adam Walsh Act And The Failed Promise Of Administrative Federalism, Wayne A. Logan

Scholarly Publications

For advocates of federalism, these are uncertain times. With hope of meaningful judicial federalism having largely receded, and Congress persisting in its penchant for intrusions on state authority, of late several scholars have championed the capacity of executive agencies to enforce and preserve federalism interests. This paper tests this position, providing the first empirically based critical analysis of administrative federalism, focusing on the recently enacted Adam Walsh Act, intended by Congress to redesign states’ sex offender registration and community notification laws. The paper casts significant doubt on the accepted empirical assumptions of administrative federalism, adding to the limited evidence amassed …

Tax Court Invalidates New Section 6501(E) Regulations, Steve R. Johnson

Scholarly Publications

The title of an article of mine in the Fall 2009 issue of the NewsQuarterly asked “What’s Next in the Section 6501(e) Overstated Basis Controversy?” The Tax Court answered that question on May 6, 2010, in its decision Intermountain Insurance Service of Vail, LLC v. Commissioner, 134 T.C. No. 11. In that decision, the court invalidated two temporary regulations that had been issued on September 24, 2009: sections 301.6229(c)(2)-IT and 301.6501(e)-IT.

Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong

Osgoode Hall Law Journal

Although municipal law is a subset of administrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested is a …

Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle

Faculty Publications

No abstract provided.

Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren

Nevada Supreme Court Summaries

A 2003 amendment to section 533.3702 of the Nevada Revised Statutes, empowered the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” where disputants filed applications within one year prior to the amendment.

Cityland – Vol. 7, No. 5, Center For New York City Law

CityLand - 2010

The June 2010 issue of CityLand covers major land use, zoning, and preservation developments across New York City. Highlights include the City Council’s approval of the landmark designation for the West Park Presbyterian Church on the Upper West Side, despite opposition from the congregation. The Council also approved a comprehensive rezoning of 238 blocks in Astoria, Queens, while rejecting a proposed commercial overlay for a bank development in Borough Park, Brooklyn. The City Planning Commission reviewed the Flushing Commons proposal—a large mixed-use development replacing a municipal parking lot—and certified rezonings for northeast Queens, the Bronx’s Third Avenue corridor, and Manhattan’s …

Appeal No. 0823: Ohio Valley Energy Systems Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's April 21, 2010 Letter (Adams/Balough water supply)

Slides: Climate Change And Public Lands: Examples From National Parks, Stephen Saunders

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Stephen Saunders, President, The Rocky Mountain Climate Organization (Denver, CO)

40 slides

Slides: Climate Change Adaptation And The Federal Lands, Robert L. Glicksman

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Robert L. Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School (Washington, D.C.)

12 slides

Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: James R. Rasband, Dean of the J. Reuben Clark Law School, Brigham Young University (Provo, UT)

32 slides

Hardrock Mining And The Public Land Law Review Commission: The More Things Change….21st Century Mining, A 20th Century Report, And A 19th Century Law, Roger Flynn

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

3 pages.

The Mexican Spotted Owl Controversy: An Example Of The Esa’S Dominant Role In Federal Land Use Planning, Norman D. James

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

19 pages, including illustrations and a map.

Includes footnotes.

Includes a 7 page publication by the U.S. Dept. of Agriculture, Forest Service, Southwest Region, titled: Changing Conditions in Southwestern Forests and Implications on Land Stewardship.

Slides: Water Management On Public Lands: Chapter 8 Of The Pllrc Report, Michael Gheleta

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Michael Gheleta, U.S. Department of the Interior, Office of the Solicitor (Lakewood, CO)

12 slides