Administrative Law Commons^™

Assessment Officer - Dan Region V. Vered Peri, Eliezer Rivlin, Elyakim Rubinstein, Edna Arbel, Miriam Naor, Esther Hayut

Translated Opinions

Facts: The respondent (the counter-appellant) is the mother of two children, and a lawyer in private practice. The respondent requested to deduct from her taxable income expenditures for her children’s pre-school and day care, as well as payments for afternoon day care for her daughter after she began attending elementary school. The respondent did not request a tax deduction for clubs that the children participated in during the afternoon, nor for day camps during the vacation summer months when the day care center was closed. The respondent argued that had her two children not been looked after in these …

Keeping The Label Out Of The Case, Pearson Bownas, Mark Herrmann

NULR Online

No abstract provided.

Cityland – Vol. 6, No. 3, Center For New York City Law

CityLand - 2009

The April 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Battery Maritime Building redevelopment, including a boutique hotel addition, and the rezoning of North Corona and Forest Hills to curb out-of-character development. The Council also approved Toll Brothers’ Gowanus Canal waterfront project despite concerns over affordable housing guarantees. The City Planning Commission modified parking requirements for a Clinton development and approved a text amendment for Hudson Yards to facilitate residential construction. Landmark actions include approval of St. Vincent’s revised hospital design …

Diversity And Discrimination: A Look At Complex Bias, Minna Kotkin

Faculty Scholarship

No abstract provided.

Chevron And Hearing Rights: An Unintended Combination, William S. Jordan

Akron Law Faculty Publications

Section 554(a) of the Administrative Procedure Act provides that if a statute requires an agency an adjudicatory decision “to be determined on the record after opportunity for agency hearing,” that hearing will be subject to various requirements, including the use of an independent Administrative Law Judge, separation of the functions of investigation/prosecution and decision, and a prohibition on ex parte contacts. The courts of appeals have reached three distinct positions with respect to the question of when a statutory hearing requirement triggers § 554(a) of the APA. First, the First Circuit articulated a presumption that, for adjudications, a statutory hearing …

The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.

The "Hidden Judiciary": An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Vanderbilt Law School Faculty Publications

Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.

New Family V. Minister Of Labor And Welfare, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

Facts:     The institution of intercountry adoption of children in Israel, i.e. the adoption in Israel of children from abroad, is regulated by the Adoption of Children (Amendment no. 2) Law, 5756-1996.  By virtue of his authority under this Law, the Minister of Labor and Welfare has issued “Rules and Professional Guidelines for the Operation of a Recognized Non-Profit Organization”, rule 4(b)(1) of which states that a person wishing to adopt a child in the framework of an intercountry adoption will not be deemed eligible to do so if the age difference between himself and the child exceeds 48 years on …

Cityland – Vol. 6, No. 2, Center For New York City Law

CityLand - 2009

The March 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Gateway Shopping Center in East New York and the Phipps Houses affordable housing project in Kips Bay. The issue also reports on the establishment of the Bed-Stuy Gateway BID and the modification of the North Corona rezoning to support local businesses. The City Planning Commission reviewed Two Trees’ Clinton Park development and proposed bicycle parking regulations. Landmark actions include the designation of Chase Manhattan Plaza and the Alice and Agate Courts …

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan

Working Paper Series

This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the article's terms, …

The Riaa, The Dmca, And The Forgotten Few Webcasters: A Call For Change In Digital Copyright Royalties, Kellen Myers

Federal Communications Law Journal

Emerging webcasting technology is playing an increasing role in modem society. The ease of use of webcast technology has brought about an increased user base as well as an increased viability for small webcasting businesses. However, the mix-tape genre of independent Internet radio has been financially and legislatively abused as a forerunner of rapidly advancing digital technology and concerns over protecting copyright royalties. This Note argues for a revision of the DMCA to provide a middle ground between protecting copyrighted works and allowing the continued existence of Internet radio.

Reverse Auctions And Universal Telecommunications Service: Lessons From Global Experience, Scott Wallsten

Federal Communications Law Journal

The United States now spends around $7 billion on universal service programs-subsidies intended to ensure that the entire country has access to telecommunications services. Most of this money supports telecommunications service in "high cost" (primarily rural) areas, and the High Cost fund is growing quickly. In response to this growth, policymakers are considering using reverse auctions, or bids for the minimum subsidy, as a way to reduce expenditures. While the United States has not yet distributed funds for universal service programs using reverse auctions, the method has been used widely.

First, reverse auctions are akin to standard government procurement procedures, …

An Evaluation Of The Proposals In The Fcc's Intercarrier Compensation Reform Docket Related To Tandem Transit Services, John R. Harrington, Ronald W. Gavillet, Matt D. Basil, Melissa L. Dickey

Federal Communications Law Journal

As part of its Intercarrier Compensation Reform Docket, the Federal Communications Commission (FCC) has received many proposals advocating for the adoption of regulations relating to tandem transit services. As transiting affects virtually every carrier in the telecommunications industry, including traditional CLECs, cable telephony providers, wireless carriers, and even traditional ILECs, the industry is sharply divided over which, if any, of those proposals should be adopted. This Article provides an in-depth look at the issues dividing the industry, and the various proposals before the FCC. The Authors then hypothesize that the FCC should follow the lead of several state commissions who …

A Fundamental Misunderstanding: Fcc Implementation Of U.S. Wto Commitments, Laura B. Sherman

Federal Communications Law Journal

In bilateral and multilateral trade agreements, the United States has agreed to open the market for telecommunications services to foreign service suppliers, an obligation implemented by the FCC since 1998. In contrast, the United States has made no commitments with respect to broadcasting services or broadcast licenses. This article clarifies the different treatment of telecommunications services and broadcast services in U.S. trade obligations and FCC orders.

Paying The Price For Sports Tv: Preventing The Strategic Misuse Of The Fcc's Carriage Regulations, David Hutson

Federal Communications Law Journal

Cable companies and sports leagues have embarked upon parallel courses of vertical integration by creating and acquiring interests in cable sports networks. Cable companies carry regional sports networks (RSNs) on basic cable tiers. Some league-owned networks have sought high prices for carriage on basic tiers, causing some cable companies to balk because of the price increase they would have to pass on to consumers. The 1992 Cable Act prohibits cable companies from discriminating in carriage terms between affiliated and nonaffiliated networks. Cable companies that own RSNs are, therefore, left vulnerable to discrimination complaints by league-owned networks. This Note argues that …

Business Solutions To The Alien Ownership Restriction, Greg Snodgrass

Federal Communications Law Journal

The alien ownership restriction on broadcast licenses has had a profound effect on the entertainment industry over the past few decades. While the origins of the restriction were based on national security fears that no longer apply, the restriction is unlikely to be repealed without significant lobbying. Given the unlikelihood of repeal, this Note concludes that entertainment conglomerates should apply a two-pronged approach to overcome the barrier imposed by the ownership restriction. First, conglomerates should build powerful nonbroadcast superstations. Second, conglomerates should push the FCC to gradually loosen its application of the restriction. While this is not a perfect solution, …

Between Fragmentation And Unity: The Uneasy Relationship Between Global Administrative Law And Global Constitutionalism, Ming-Sung Kuo

San Diego International Law Journal

This paper aims to critically examine the status of global administrative law within the already widely acknowledged notion of global constitutionalism. While global constitutionalism describes the processual "constitutionalization" of an increasingly globalized world through the values emerging from cross-border regulatory cooperation, the global regulatory process at the heart of global administrative law appears to take the place of "We the People" as the creative force behind global constitutionalism. Contrary to the domestic/national context, the identitarian relationship between global administrative law and global constitutional law suggests the unity of global legality, whether it be called administrative law or constitutionalism. The paper …

Cityland – Vol. 6, No. 1, Center For New York City Law

CityLand - 2009

The February 2009 issue of CityLand covers a wide range of land use, zoning, and preservation developments in New York City. Highlights include the City Council’s approval of the Via Verde housing project in Melrose, Bronx, and a special permit for hotel and retail use at the Crosby Street Hotel in SoHo. The City Planning Commission reviewed Toll Brothers’ proposed development along the Gowanus Canal and approved amendments to the Clinton Theater Bonus zoning text. The Department of City Planning held a scoping hearing for Vornado’s 15 Penn Plaza redevelopment. BSA decisions addressed vested rights in Homecrest and upheld a …

The Devolution Of Nepa: How The Apa Transformed The Nation's Environmental Policy, Sam Kalen

William & Mary Environmental Law and Policy Review

No abstract provided.

Irrelevant Oversight: "Presidential Administration" From The Standpoint Of Arbitrary And Capricious Review, Daniel P. Rathbun

Michigan Law Review

The president is now regularly and heavily involved in the decisionmaking processes of administrative agencies. What began in the mid-twentieth century as macro-level oversight has evolved, since the Reagan Administration, into controlling case-level influence. Scholars have hotly debated the legality of this shift and have compellingly demonstrated the need to ensure that agencies remain accountable and that their decisions remain nonarbitrary in the face of presidential involvement. However, as this Note demonstrates, the existing scholarship has not provided an adequate solution to these twin problems. This Note provides a novel and effective solution to the accountability and arbitrariness problems of …

Summary Of Garcia V. Scolari’S Food & Drug, 125 Nev. Adv. Op. No. 6, Richard Manhattan

Nevada Supreme Court Summaries

As a matter of first impression, the Court offered guidance on what constitutes—or rather what does not constitute—good reason for failing to present evidence during an administrative hearing under NRS 233B.131(2). The statute is part of Nevada’s Administrative Procedure Act. In a related matter, the Court affirmed the administrative tribunal’s denial of occupational disease benefits for reasons of insufficient evidence.

Appeal No. 0807: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0809: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0805: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0806: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Appeal No. 0808: Beck Energy Corp. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-74, 2008-75, 2008-81, 2008-82 & 2008-83

Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana

Faculty Working Papers

This Article explores the case for including losses of foreign (non-U.S.) lives and settlements in the estimated cost to the United States of unmitigated climate change in the future. The inclusion of losses of such foreign lives and settlements in cost benefit analysis (CBA) could have large implications not only for U.S. climate change policy but also for policies adopted by other nations and the practice of CBA generally. One difficult problem is how to assess U.S. residents' willingness to pay to prevent the losses of foreign lives and settlements. This Article discusses internet-based surveys that are a first step …

"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana

Faculty Scholarship

Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …

Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In Crisis, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Rethinking Regulations: Local Laboratories Inventing A Sustainable Idaho, Jerrold A. Long

Articles

No abstract provided.