Administrative Law Commons^™

The Much Maligned 527 And Institutional Choice, Lloyd H. Mayer

ExpressO

The continuing controversy over “527” organizations has led Congress to impose extensive disclosure requirements on these political organizations and to consider imposing extensive restrictions on their funding as well. The debate about what laws should govern these entities has, however, so far almost completely ignored the fact that such laws raise a complicated institutional choice question. This Article seeks to resolve that question by developing a new institutional choice framework to guide this and similar choices. The Article first explores the context for making this determination by describing the current laws governing 527s, including both federal election laws administered by …

8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Beilin V. Prime Minister, Dorit Beinisch, Edna Arbel, Ayala Procaccia

Translated Opinions

Facts: On 12 July 2006, the Hezbollah organization carried out an offensive operation inside the territory of Israel, as a result of which eight Israel Defence Forces (IDF) soldiers were killed and two other soldiers were kidnapped and taken over the border into Lebanon. In response, the IDF began military operations in Lebanon, and the State of Israel was attacked at the same time with thousands of missiles and Katyusha rockets, which caused death and injuries to dozens of Israeli citizens in the north of Israel, as well as substantial damage to property.

The petitioners argued that the government was …

Federal Employment Law: Current Problems And A Call For Reform, Joseph Prud'homme

Journal of Race, Gender, and Ethnicity

No abstract provided.

Carbon Dioxide And The Clean Air Act, Eric Schwartz

Cardozo Public Law, Policy & Ethics Journal

The EPA's authority to regulate CO2 under the Clean Air Act is supported by the statute's broad definition of "air pollutant" and judicial interpretations, including the Supreme Court's decision in Massachusetts v. EPA. The agency's initial reluctance to regulate CO2 was based on policy considerations, not legal limitations, and the Chevron doctrine requires courts to defer to the EPA's interpretation when Congress's intent is unclear. The ruling in Massachusetts v. EPA established that states have standing to challenge the EPA's failure to regulate CO2, emphasizing the importance of federal authority in addressing climate change. This decision has significant implications …

Waters Of The United States: Theory, Practice And Integrity At The Supreme Court, Jamison E. Colburn

ExpressO

In the Supreme Court's two wetlands cases this Term, a question of statutory interpretation divided the justices sharply, in part because so much rides on the particular statutory provision at issue. The provision, a cryptic definition within the Clean Water Act (CWA), has now provided three separate occasions at the Court where the justices have confronted (1) the Chevron doctrine and the Court’s own ambivalence toward it, and (2) the CWA's enormous project of restoring the chemical, physical, and biological integrity of the Nation's waters. In this essay, I argue that the way the Court went about resolving its differences …

The How And Why Of The New Public Corporation Tax Shelter Compliance Norm, Susan Cleary Morse

ExpressO

This paper examines the recent shift toward an anti-tax shelter federal income tax compliance norm at public corporations, as evidenced by practitioner and government comments and survey results. The paper focuses on the organizational behavior of tax decisionmakers within public corporations as they respond to Sarbanes-Oxley, enforcement and publicity initiatives, and tax shelter regulation.

The paper identifies three elements that have contributed to the development of a stronger tax compliance norm. First, Sarbanes-Oxley has resulted in the expansion and increased transparency of public corporation tax decisionmaking groups. Organizational behavior insights suggest that this may produce more considered decisions. Second, civil …

Swallows Holding As It Is: The Distortion Of National Muffler, Steve R. Johnson

Scholarly Publications

I like big ideas. The opportunity to work with them, and hopefully to add to them, is one of the joys of academic life. But perspective also is required. Not everything genuinely presents "macro" issues. As Freud supposedly said, “Sometimes a cigar is just a cigar.”

In Swallows Holding Ltd. v. Commissioner, the Tax Court, over three dissenting opinions, invalidated a return-filing timing rule in a Treasury regulation under section 882 of the !RC. It is clear that what drove the majority opinion was the perception that the timing rule was contrary to many previous cases interpreting the statute. As …

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

CityLand - 2006

The July 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a 70-block rezoning in Jamaica Hill and Hillcrest, Queens, including the creation of a new R5D zoning district. Forest City Ratner’s 75-story development in Lower Manhattan will include a public school. The Council also approved a lease for the South Brooklyn Marine Terminal and a 12-story homeless housing facility on East Houston Street. The Planning Commission approved a rezoning and pedestrian bridge for Manhattan College’s parking garage and supermarket project, and a special permit for public parking at the …

Governance Of Brazilian Pension Funds, Luciana Pires Dias

ExpressO

This paper analyzes theoretically and empirically the governance of pension funds in Brazil. It first demonstrates that the law allows sponsors (employers) to write contracts (by-laws) governing the relationships between the sponsors, the managers and the participants (employees) of the pension funds. It also explains that, from an agency theory perspective, this legal framework favors non-optimal governance structures, since sponsors do not bear the financial consequences of the contracts they create. As predicted, the empirical evidence reported in this thesis shows that sponsors use this authority to create contracts that minimize monitoring and maximize control over business decisions to the …

Substance Over Form? Phantom Regulations And The Internal Revenue Code, Amandeep S. Grewal

ExpressO

This paper addresses the appropriate response to tax statutes that call for the issuance of regulations, but that have been ignored by the Secretary. The courts and the IRS have taken the unusual step of treating these statutes as self-executing, notwithstanding the absence of regulations, and have invoked phantom regulations to enforce the statutes. Several commentators have analyzed the Tax Court's and the IRS's approaches, but have focused mostly on cases interpreting delegations found in the Internal Revenue Code. Because those cases themselves are inconsistent, it is not possible to extract a clear rule from analysis of those cases alone. …

Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

No abstract provided.

The Status Of Administrative Agencies Under The Georgia Constitution, David E. Shipley

Scholarly Works

This Article discusses the place of administrative agencies under the Georgia Constitution. The rules of the Georgia Supreme Court on these issues, like the comparable rulings from the U.S. Supreme Court, make excellent reading for anyone interested in Georgia law, government, politics, and history. Most of the decisions surveyed in this Article are correct, but not necessarily for the reasons given by the Georgia Supreme Court. Some of the opinions offer comprehensive treatises on sections of the Georgia Constitution and aspects of administrative law, while others reach conclusions without much explanation. Some results are at odds with prior decisions that …

Morar V. Idf Commander In Judaea And Samaria, Dorit Beinisch, Eliezer Rivlin, Salim Joubran

Translated Opinions

Facts: The petitioners, who represent five Arab villages in the territory of Judaea and Samaria, claimed that the respondents unlawfully deny Palestinian farmers in those villages access to their agricultural land. The petitioners also claimed that the respondents do not act to prevent attacks and harassment perpetrated by Israeli inhabitants of the territory of Judaea and Samaria against Palestinian farmers and do not enforce the law against the Israeli inhabitants. In reply, the respondents explained that the agricultural land was closed only when it was necessary to protect the Palestinian farmers from harassment by Israeli inhabitants. The respondents also notified …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Cityland – Vol. 3, No. 5, Center For New York City Law

CityLand - 2006

The June 2006 issue of CityLand highlights significant land use, preservation, and development actions across New York City. The City Council approved a two-tower residential development on the Williamsburg waterfront and applied the Inclusionary Housing Program to the site. A mixed-use development combining a public school and residential tower was approved on the Upper East Side, facilitated by amendments to the Educational Construction Fund zoning provisions. The Planning Commission approved a 134-block rezoning in Maspeth and Woodside, Queens, and the construction of a new Willis Avenue Bridge over the Harlem River. BSA decisions included variances for a Williamsburg synagogue, a …

Dobrin V. Israel Prison Service, Ayala Procaccia, Esther Hayut, Salim Joubran

Translated Opinions

Facts: The second respondent (Amir) was convicted of the murder of the late Prime Minister Yitzhak Rabin and was sentenced to life imprisonment. While in prison, he married the third respondent. When the first respondent refused, on security grounds, to allow Amir conjugal visits with his wife, Amir applied to the first respondent to be allowed to provide his wife with a sperm sample for the purposes of artificial insemination. The first respondent granted his request.

The petitioners, two members of the Knesset, consequently filed the petition, arguing that the first respondent did not have any authority in statute to …

A Modern Disaster: Agricultural Land, Urban Growth, And The Need For A Federally Organized Comprehensive Land Use Planning Model, Jess M. Krannich

ExpressO

No abstract provided.

The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra

Federal Communications Law Journal

No abstract provided.

Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman

Federal Communications Law Journal

No abstract provided.

Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman

Federal Communications Law Journal

No abstract provided.

Ten Years Under The 1996 Telecommunications Act, Reed Hundt

Federal Communications Law Journal

Keynote speech delivered at the Telecommunications Act of 1996: Ten Years Later Symposium, February 6, 2006, George Washington University.

The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide

Federal Communications Law Journal

No abstract provided.

A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell

Federal Communications Law Journal

No abstract provided.

Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett

Federal Communications Law Journal

No abstract provided.

No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert

Federal Communications Law Journal

No abstract provided.

Interconnection Policy And Technological Progress, Gerald W. Brock

Federal Communications Law Journal

No abstract provided.

The Law Of Unintended Consequences, Susan Ness

Federal Communications Law Journal

No abstract provided.

Deregulation And Market Concentration: An Analysis Of Post- 1996 Consolidations, Eli M. Noam

Federal Communications Law Journal

No abstract provided.

Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon

Federal Communications Law Journal

No abstract provided.