Administrative Law Commons^™

Protection From A Well-Founded Fear: Applying The Disfavored Group Analysis In Asylum Cases, Bridget Tainer-Parkins

Washington and Lee Law Review

No abstract provided.

Hamifkad Haleumi V. Attorney General, Miriam Naor, Edmond E. Levy, Dorit Beinisch, Esther Hayut, Ayala Procaccia, Asher Grunis, Salim Joubran

Translated Opinions

Facts: The petitioner is a private company working for the promotion of political program to solve the Israeli-Arab conflict. It applied to the respondents for permission to expose the public to the central principles of its political program by way of advertisements on television and radio. Due to the political contents of the advertisements the Authorities rejected the applications, relying on, respectively, Broadcasting Authority’s Rules - (Advertisements and Notifications on Radio) and the  Second Authority Rules (Ethics in Advertising in Radio Broadcast)  and (Ethics in Television Advertising) (hereinafter-the Rules).

The petitioner contested this refusal in the High Court of Justice, …

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

CityLand - 2008

The August 2008 issue of CityLand covers significant land use and preservation developments in New York City. The City Council approved a compromise rezoning for Hudson Square and a rezoning for Mott Haven to allow 600 new housing units. A text amendment was passed to protect Carroll Gardens from out-of-context development. Proposed changes to the Hudson Yards zoning text drew criticism from elected officials and community boards. The Planning Commission approved a 63-story tower at 610 Lexington Avenue using air rights from the landmarked Seagram Building. A controversial redevelopment plan for East Harlem was criticized for proceeding without a selected …

Brief Of Amici Curiae Former Fda Commissioners Dr. Donald Kennedy And Dr. David A. Kessler In Support Of Respondent, Wyeth V. Levine, No. 06-1249 (U.S. Aug. 14, 2008), Kathryn A. Sabbeth, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Wyeth V. Levine: Brief Of Amicus Curiae Constitutional And Administrative Law Scholars In Support Of Respondent, Nina A. Mendelson

Appellate Briefs

Amici are scholars who teach and write about federal preemption of state law. Mindful of the gap that sometimes exists between the academy and the concerns of the bench and bar, we seek to bring our scholarship to bear on the particular preemption questions at issue in this case. Our scholarly interest in preemption arises from teaching and writing in a variety of related fields, including constitutional law, administrative law, health law, and torts.

This case implicates three critical issues in the law of preemption. First, Petitioner's amici have launched a broad attack on this Court's longstanding "presumption against preemption," …

Appeal No. 0793: City Of Munroe Falls, Ohio V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision Granting Permit (D&L Energy, Inc.)

10th Annual Open Government Summit: The Access To Public Records Act & The Open Meetings Act, 2008, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Appeal No. 0784: Todd & Carolyn Kennedy, Shakuntaka & Dinkar Rao V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-48

Louzon V. Government Of Israel, Dorit Beinisch, Asher Grunis, Miriam Naor

Translated Opinions

This Petition challenges the exclusion of the medication “Erbitux” among the state provided health services, which are publically funded. The medication Erbitux is a new drug for the treatment of colon cancer.

The Supreme Court, sitting as a High Court of Justice, held as following:

It is doubtful whether the demand for public funding of new medications may find a hold in the hard core of the constitutional rights detailed in the Basic Law. Even under a broad interpretive approach with expand the constitutional scope of the right to dignity beyond the necessary minimum in the context of welfare and …

Appeal No. 0790: Hall & Horning Oilfield Services V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2007-90

Appeal No. 0794: David Kauffman V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-02

Give The Tax Court Transfer Power And Plenary Civil Tax Jurisdiction, Steve R. Johnson

Scholarly Publications

A recent decision again raises questions about the powers that the Tax Court does and should possess. In Mobley v. Commissioner, No. 07-2019 (6th Cir. July 8, 2008), Doc 2008-14970, 2008 TNT 132-13, the Sixth Circuit affirmed a procedural decision of the Tax Court. The Tax Court dismissed a petition because it lacked jurisdiction, and it rejected the taxpayers’ request to transfer the case to a district court. The Tax Court concluded, and the Sixth Circuit agreed, that the Tax Court lacks transfer power. Under 28 U.S.C sections 1631 and 610, the power to transfer cases is conferred only upon …

Cityland – Vol. 5, No. 6, Center For New York City Law

CityLand - 2008

The July 2008 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved a controversial 400-space parking garage in Midtown and landmarked Webster Hall in the East Village. The Planning Commission heard testimony on the Rockaway rezoning plan and reduced the scope of the Hudson Square rezoning. A text amendment was proposed to protect Carroll Gardens from out-of-context development. Landmark hearings included revised plans for St. Vincent’s Hospital and the Domino Sugar Refinery addition, both receiving mixed responses. The Commission also considered landmark status for Chase Manhattan Plaza and NYU’s Silver Towers. …

The Model Interstate Water Compact, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.

Brackish Ground Water - An Untapped Resource For Energy Development?, John Shomaker

Publications

No abstract provided.

Ethics, Professionalism And Politics, Ronald Kaiser

Publications

No abstract provided.

Water For Energy Development In Southern New Mexico: A Case Study Of The Duke Energy Luna Energy Facility, Tim De Young

Publications

No abstract provided.

Spokane River & Aquifer: An Uncompacte Watershed, Rachael Paschal Osborn

Publications

No abstract provided.

Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney

Publications

No abstract provided.

Congressional Concerns Related To The Energy-Water Nexus, Erik Webb

Publications

No abstract provided.

Before You Log-On: Incorporating The Free Web In Your Legal Research Strategy, Lauren M. Collins

Law Faculty Articles and Essays

In 2006, the American Bar Association (ABA) published its Legal Technology Survey Report, which included a volume on Online Research. In the report, attorneys responded that 91% are conducting at least some of their research online. Though 39% report that they start their research using a fee-based service like Westlaw or Lexis, the report shows that even those who start their research with a fee-based resource eventually get it right-87% of attorneys report using some free online resources at some point over the course of a research project.

Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp

Indiana Law Journal

No abstract provided.

Nihilism With A Happy Ending? The Interstate Commerce Commission And The Emergence Of The Post-Enlightenment Paradigm, Mark F. Kightlinger

Law Faculty Scholarly Articles

This Article examines early Supreme Court opinions about the Interstate Commerce Commission (ICC)—the first federal administrative agency—in an effort to identify the intellectual roots of the modern administrative state. The Article argues that the Court's effort to explain and justify the function of the newborn ICC shows the traces of a post-Enlightenment crisis in the field of moral philosophy—i.e., the growing conviction that it is no longer possible for reasonable people to agree on what constitutes a true, objective, universally valid standard of reasonable or just conduct. From this essentially nihilistic starting point, the Court helped to fashion a new …

Measure For Measure: Cost Benefit Analysis And Environmental Policy, Irma S. Russell

Faculty Works

No abstract provided.

Administrative Judges' Role In Developing Social Policy, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Doing More Or Doing Less For The Environment: Shedding Light On Epa's "Stealth" Method Of Environmental Enforcement, Ronald H. Rosenberg

Faculty Publications

Since the 1970s, environmental protection goals have gone from general statements of political desire to highly articulated systems of environmental regulation implemented by federal, state, and local governments. Environmental statutes have been enacted giving administrative agencies such as the U.S. Environmental Protection Agency (EPA) the responsibility for translating broad policy goals into specific regulatory requirements. Through its enforcement program, EPA seeks to assure that these general goals are achieved by individual actors. This Article examines a recent trend in EPA's practices, increased reliance on internal agency methods of enforcement. The study analyzes EPA's administrative enforcement system with particular emphasis on …

The Odyssey Of Cass Sunstein, James E. Fleming

Faculty Scholarship

I am delighted to participate in this symposium honoring and criticizing the scholarship of Cass Sunstein. Let me begin by stating something so obvious that we typically don't say it: Cass is the most remarkably thoughtful, constructive, and productive scholar of his (and my) generation, the generation of scholars born around the time that Brown v. Board of Education1 was decided. No one has addressed a wider range of important subjects or made a more substantial contribution to our understanding of law. I have been fruitfully engaging with his scholarship from my first article 2 to my two recent books.3 …

Chim-Nir Flight Services V. Tel Aviv Stock Exchange, Edna Arbel, Eliezer Rivlin, David Cheshin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Petitioner is the holder of leasing rights on a real estate property, which is held in collateral by the Second and Third Respondent. According to the agreement between them, the payment for realizing the collateral will be divided in a portion of 75 per cent to the Second Respondent (HaPoalim Bank) and 25 per cent to the Third Respondent (Le’umi Bank). HaPoalim Bank …

Brief Of Law Professors As Amici Curiae In Support Of Respondents, Summers V. Earth Island Inst., No. 07-463 (U.S. June 27, 2008), Richard J. Lazarus, Amanda C. Leiter, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Adding Legislation Courses To The First-Year Curriculum, Ethan J. Leib

Journal of Legal Education

No abstract provided.