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Articles 7651 - 7680 of 14064
Full-Text Articles in Administrative Law
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Cardozo Journal of Equal Rights & Social Justice
The article examines the lessons learned from Hurricane Katrina, emphasizing that while natural disasters are inevitable, their impact can be significantly mitigated through improved planning, addressing social vulnerabilities, and learning from past failures. It argues that Katrina's devastating effects were exacerbated by existing social issues and inadequate preparedness, highlighting the need for comprehensive strategies to reduce future risks.
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
West Virginia Law Review
No abstract provided.
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Environmental Defense V. Duke Energy Corporation: Judicial Overstepping Alters The Impacts Of New Source Performance Standards And Prevention Of Significant Deterioration Regulations, John Marshall Valentine
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Groce V. Department Of Environmental Protection: Affirmative Combustion In Pennsylvania, David Samlin
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Construing The National Labor Relations Act The Nlrb And Method Of Statutory Construction, Daniel P. O'Gorman
Construing The National Labor Relations Act The Nlrb And Method Of Statutory Construction, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki
An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
How do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. With special attention paid to how courts implement the Chevron doctrine, this Article empirically and doctrinally analyzes environmental law cases decided in the United States Courts of Appeals over a three-year period (2003-05) to investigate what factors, including ideological, legal, …
The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers
The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Future Of Administrative Justice, Lorne Sossin
Future Of Administrative Justice, Lorne Sossin
Articles & Book Chapters
This is the introductory talk, programme, and keynote to the "Future of Administrative Justice" Symposium.
"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman
"It's The Right Thing To Do": Why The Animal Agriculture Industry Should Not Oppose Science-Based Regulations Protecting The Welfare Of Animals Raised For Food, Angela J. Geiman
Michigan Law Review First Impressions
Since the beginning of history, people have used farm animals to assist with their work and to provide a source of food. These agricultural pursuits were not questioned; rather, they were a widely-accepted way of life. In fact, many people still say that the very purpose of livestock on this Earth is to provide these resources for mankind. As for the proper way to treat our livestock, we commonly hear farmers and livestock producers make comments like, “If we take care of the animals, they will take care of us,” and, “We treat our animals well because that’s just good …
One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton
One Bad Day: Thoughts On The Difference Between Animal Rights And Animal Welfare, Neil D. Hamilton
Michigan Law Review First Impressions
The lawsuit pitting the New Jersey Society for the Prevention of Cruelty to Animals against the New Jersey Department of Agriculture brings into sharp focus the issue of animal rights versus animal welfare that has been dividing animal activists, farmers, and society for decades. On one side are proponents of animal rights—a set of rights articulated by humans but granted to animals to govern how we treat them. For many believers this includes the right not to be owned and certainly not to be eaten. On the other side are proponents of animal welfare—also a set of human derived standards …
A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt
A Case Study On Cruelty To Farm Animals: Lessons Learned From The Hallmark Meat Packing Case, Nancy Perry, Peter Brandt
Michigan Law Review First Impressions
“I need the public to understand that my office takes all cases involving animal cruelty very seriously . . . [and i]t doesn’t matter whether the mistreated animal is a beloved family pet or a cow at a slaughterhouse. Unnecessary cruelty will not be tolerated and will be prosecuted to the fullest extent allowed by law.” San Bernardino County District Attorney Michael A. Ramos (February 15, 2008) One morning in January 2008, images of horrific animal cruelty were blasted by Internet, television, and print media throughout the country. The story was all the more shocking in that the animals at …
A Climate Agenda For The New President, Lisa Heinzerling
A Climate Agenda For The New President, Lisa Heinzerling
Michigan Law Review First Impressions
The Bush Administration squandered eight years denying the reality of climate change and delaying action on it. Nevertheless, the president who comes into office in January will face two happy realities. First, whatever the Bush Administration has done (through obstruction or inaction) on climate change can easily be undone due to its legal and scientific flimsiness. And second, statutes now on the books provide plenty of legal authority for swift action on the most important environmental issue of our time.
The Reformed Cfius Regulatory Framework: Mediating Between Continued Openness To Foreign Investment And National Security, George S. Georgiev
The Reformed Cfius Regulatory Framework: Mediating Between Continued Openness To Foreign Investment And National Security, George S. Georgiev
Articles
No abstract provided.
Executive Preemption, Ernest A. Young
Executive Preemption, Ernest A. Young
Faculty Scholarship
Preemption of state regulatory authority by national law is the central federalism issue of our time. Most analysis of this issue has focused on the preemptive effects of federal statutes. But as Justice White observed in INS v. Chadha,“[f]or some time, the sheer amount of law . . . made by the [administrative] agencies has far outnumbered the lawmaking engaged in by Congress through the traditional process.” Whether one views this development as a “bloodless constitutional revolution” or as a necessary “renovation” of the constitutional structure in response to the complexity of modern society, the advent of the administrative state …
Is Preemption Right For You - The Third Circuit Applies Preemption To A Misleading Drug Advertisement Claim In Pennsylvania Employee Benefit Trust Fund V. Zeneca, Inc., Diana Rabeh
Villanova Law Review (1956 - )
No abstract provided.
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
UIC Law Review
No abstract provided.
The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez
UIC Law Review
No abstract provided.
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Faculty Publications
Federal law preempts state regulation of motor vehicle emissions. California alone is allowed to seek a waiver of such preemption, and unsuccessfully sought such a waiver for the state's regulations limiting greenhouse gas emissions from motor vehicles. The debate and pending litigation over California's effort to obtain a waiver of preemption has focused attention on the state role in climate change policy. This paper explores the role of state governments in developing climate change policy, with a particular focus on how federalism principles and practice should inform judgments about the division of authority between the state and federal governments. As …
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
NYLS Law Review
No abstract provided.
State Regulation Of Complementary And Alternative Veterinary Therapies: Defining The Practice Of Veterinary Medicine In The 21st Century, Milton C. Toby
State Regulation Of Complementary And Alternative Veterinary Therapies: Defining The Practice Of Veterinary Medicine In The 21st Century, Milton C. Toby
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Reining In The Horse Racing Industry: A Proposal For Federal Regulation Of Steroid Use In Racehorses, Jennifer M. Jabroski
Reining In The Horse Racing Industry: A Proposal For Federal Regulation Of Steroid Use In Racehorses, Jennifer M. Jabroski
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Role Of Administrative Law In Regulating "Mad Cow Disease" As Explained In Creekstone Farms Premium Beef, Llc V. Department Of Agriculture, Courtney E. Ross
The Role Of Administrative Law In Regulating "Mad Cow Disease" As Explained In Creekstone Farms Premium Beef, Llc V. Department Of Agriculture, Courtney E. Ross
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Working Class Judges, Jason J. Czarnezki
Working Class Judges, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
Part I of this article provides our reanalysis of Scott Baker's data that examines the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. Part II establishes an additional comparative context that allows us to speculate why Top Five legal markets may foster a more intense tradeoff of influence versus remuneration. Indeed, as we note, the real or perceived financial tradeoffs are so enormous - and conspicuous - in Top Five markets that federal judges may feel they have been lumped together with a large, faceless working class. We conclude by suggesting that the …
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Articles by Maurer Faculty
The European Union's newly enacted comprehensive regulation for industrial chemicals, known as REACH, draws heavily on three decades of experience in the United States under the Toxic Substances Control Act. Much of that experience has been negative, inasmuch as TSCA is widely regarded as a disappointment among US environmental laws, and so REACH deliberately reverses many of the legislative choices that Congress made in TSCA. REACH also takes advantage of important new regulatory concepts that were not available to the framers of TSCA thirty years ago. The passage of REACH has sparked renewed interest in reforming TSCA, and the reformers …
In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg
In Re Annandale And The Disconnections Between Minnesota And Federal Agency Deference Doctrine, Mehmet K. Konar-Steenberg
Faculty Scholarship
This article explores each of these differences between Annandale’s view of deference and comparable federal authority. Part II begins the discussion with an explanation of the somewhat complicated legal and factual background that gave rise to Annandale’s unusually thorny agency deference issues. This section includes an extended discussion of the Annandale administrative record and the reasoning of the Minnesota Court of Appeals and Minnesota Supreme Court. Part III then critically analyzes the Annandale court’s claims to have acted consistently with federal agency deference case law in each of the three areas discussed above. Part IV concludes with some post-Annandale developments …
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
UIC Law Review
No abstract provided.
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
UIC Law Review
No abstract provided.
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
NYLS Law Review
No abstract provided.