Administrative Law Commons^™

Chevron's Consensus, Evan J. Criddle

Faculty Publications

No abstract provided.

Appeal No. 0775: Michael L. Kiser, Dba Bootstrap Oil V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-127

Appeal No. 0797: Emma Rita Ashmus V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-31 (Ohio Valley Energy Systems)

Cityland – Vol. 5, No. 10, Center For New York City Law

CityLand - 2008

The November 2008 issue of CityLand reports on major land use and preservation developments in New York City. The City Council modified the Dutch Kills rezoning to increase FAR and address hotel development concerns, approved the creation of the Special St. George District in Staten Island, and passed legislation requiring waterfront planning updates every ten years. The Council also approved the Hospital for Special Surgery’s expansion over the FDR Drive and extended the West Chelsea Historic District. The City Planning Commission approved modified plans for Willets Point and Hunter’s Point South, and reduced building heights and densities in the 125th …

Appeal No. 0789: Joanne D. Speidel V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-57 (Oravec Well #2)

Appeal No. 0791: Thomas & Belle Blair V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-57 (Oravec Well #2)

Are Artificial Tans The New Cigarette? How Plaintiffs Can Use The Lessons Of Tobacco Litigation In Bringing Claims Against The Indoor Tanning Industry, Andrea Y. Loh

Michigan Law Review

Indoor tanning salons have grown significantly in popularity during recent years. Scientific research has revealed a strong link between skin cancer and ultraviolet light exposure from indoor tanning lamps. Despite such dangers, federal regulations place minimal restrictions on the labeling of indoor tanning lamps. Indoor tanning salons work vigorously to dispel notions of a link to skin cancer, often falsely promoting various health benefits of indoor tanning. The first lawsuit for injuries resulting from indoor tanning was recently filed against an indoor tanning salon, and other such litigation is poised to follow. This Note examines three potential tort claims against …

Administrative Law, John Paul Jones, Molly T. Geissenhainer

University of Richmond Law Review

No abstract provided.

Nothing Improper? Examining Constitutional Limits, Congressional Action, Partisan Motivation, And Pretextual Justification In The U. S. Attorney Removals, David C. Weiss

Michigan Law Review

The forced mid-term resignations of nine U.S. Attorneys was an unprecedented event in American history. Nearly one year after the administration executed the removals, the House Judiciary Committee was still reviewing and publicizing emails, memoranda, and other documents in an effort to understand how the firings were effectuated. This Note examines many of those documents and concludes that the removals were likely carried out for partisan reasons. It then draws on the Constitution, Supreme Court precedent, and separation of powers principles to argue that Congress is constitutionally empowered to enact removal limitations for inferior officers such as U.S. Attorneys so …

Appeal No. 0804: Village Of Gates Mills, Ohio V. Division Of Oil & Gas Resources Management And Jr Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-70 (Mandatory Pooling, JR Resources, Inc.)

Appeal No. 0786: Hall & Horning Oilfield V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-57 (Oravec Well #2)

Appeal No. 0788: Louis Chodkiewicz V. Division Of Mineral Resources Management And Ohio Valley Energy Systems Corp., Mark R. Scoville, Jerry Esker, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-74 (Ohio Valley Energy Systems) (Glatzer Unit #1 Well)

Appeal No. 0787: Hall & Horning Oilfield V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-58 (Oravec Well #3)

Appeal No. 0785: Hall & Horning Oilfield V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-56 (Oravec Well #1)

Appeal No. 0795: Mike Johnson, Dba Johnson Oil & Gas V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-16

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

CityLand - 2008

The October 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council postponed a vote on the Hospital for Special Surgery’s expansion plan, while approving the Waldheim rezoning in Flushing despite civic opposition. The City Planning Commission modified the Dutch Kills rezoning to increase FAR for certain uses and approved the East Harlem redevelopment plan. The Fulton Street BID was approved, and the Budget Rent-a-Car rezoning and street demapping in Queens were finalized. The issue includes court decisions upholding landmark designations for the City and Suburban Homes Estate and compelling the NYSDEC …

A Response To Professor Camp: The Importance Of Oversight, Leslie Book

Working Paper Series

In past writings and in an upcoming article by Professor Bryan Camp, The Problem of Adversarial Process in the Administrative State, 83 IND. L. J. ### (2008), Professor Camp criticizes the procedural protections Congress added in the tax collection process, noting the limitations of adversary proceedings in the IRS’s tax collection process. In particular, Professor Camp strongly criticizes the collection due process (CDP) rights that were part of the landmark IRS Restructuring and Reform Act of 1998. Given the size of the tax gap, and likely increasing calls for the IRS to do a better job in reducing that tax …

Land & Water Planning In The Middle Valley, Sandy Fish

Publications

No abstract provided.

Overview Of The City's Demand Management Programs - Providing Water For Future Growth, Dale Lyons

Publications

No abstract provided.

Land Use, Water Conservation And Other Things To Think About, Dale Dekker

Publications

No abstract provided.

Are We Making The Land/Water Connection?, Lora A. Lucero

Publications

No abstract provided.

Role Of The State - Ose Water Availability Opinions, John Longworth, P.E.

Publications

No abstract provided.

Regulating Land Use - Protecting The Water, Joseph Quintana

Publications

No abstract provided.

Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson

Michigan Law Review

It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits orjustifications, reduces the agency's responsiveness to the preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian problems inherent in bureaucratic policymaking. An elected politician, though responsive to majoritarian preferences, will almost always deviate from the majority in one direction or the other Therefore, even if the average policy position of a given elected official tends to track the policy views of the median voter …

Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley

Scholarly Works

This Article discusses the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU. It compares these respective rights and safeguards and explains how U.S. and EU procedures for agency adjudications are converging. Part II sets out the fundamental principles of American due process and EU right to be heard jurisprudence. Part III provides a detailed analysis of the rights of defense in the EU and highlights how this bundle of rights parallels the rights to notice and opportunity to be heard …

Summary Of Canyon Villas V. State, Tax Comm’N, 124 Nev. Adv. Op. No. 7, Casey G. Perkins

Nevada Supreme Court Summaries

Appeal from a district court order denying judicial review of property tax valuation.

The Deregulatory State, Lawrence O. Gostin

O'Neill Institute Papers

Public health can be achieved only through collective action, not through individual endeavor. Collective goods are essential conditions for health, but can be secured only through a well-regulated society. Yet, successive governments have eroded health and safety protections, with serious consequences. Think about the death of miners, lead in children’s toys, industrial solvents in toothpaste, salmonella in peanut butter, e-coli in spinach, and unsafe or ineffective pharmaceuticals such as COX-2 inhibitors or non-statin cholesterol medications.

Conservatives have waged a campaign against the administrative state that has created and reinforced deep-seated concerns about over-bearing government, particularly at the national level. The …

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

CityLand - 2008

The September 2008 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Rockaway rezoning plan and the NoHo Historic District extension, including the controversial Whitehouse Hotel. Amendments to the Hudson Yards zoning text were adopted, and the Council passed new site safety laws for construction workers. The City Planning Commission heard testimony on the East Village/Lower East Side rezoning, the Hunter’s Point South redevelopment, and approved plans for the Whitney Museum’s downtown expansion and the Hospital for Special Surgery’s River Building over the FDR Drive. Staten Island’s new courthouse …

Summary Of Dutchess Business Services, Inc.; And Legend Pharmaceuticals, Inc. V. Nevada State Board, 124 Nev. Adv. Op. No. 63, Elham Roohani

Nevada Supreme Court Summaries

Appeal from a district Court order denying review of a Nevada State Board of Pharmacy Decision to revoke wholesaler licenses and impose fines.

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

Washington and Lee Law Review

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …