Administrative Law Commons^™

D.C. Circuit: Nationwide Permits Are "Final Action", Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Cityland – Vol. 2, No. 9, Center For New York City Law

CityLand - 2005

The October 2005 issue of CityLand marks its one-year anniversary and features major land use and zoning actions across New York City. Highlights include the City Council’s approval of rezoning in Far Rockaway, College Point, and Rego Park, as well as a controversial sanitation garage lease extension in Williamsburg. The Council also approved a 26-story tower in Lenox Hill and a 388-foot residential tower in Tribeca. The Planning Commission approved the Ocean Dreams project in Coney Island, a Staten Island shopping center, and the elimination of commercial overlays in Staten Island. BSA decisions include approval of a SoHo residential building, …

Why Judicial Review Fails: Organizations, Politics, And The Problem Of Auditing Executive Discretion, Mariano-Florentino Cuellar

ExpressO

Every day executive branch officials make thousands of decisions affecting our security and welfare. Homeland security officials screen tens of thousands of people at the border. They decide whose name gets on government “no fly lists.” Agencies freeze suspected terrorist assets, choose what companies to inspect for environmental violations, and decide whom to prosecute. This article describes how judicial review predictably and systematically fails to prevent abuse and promote organizational learning when government officials make many such choices using their discretion to target individuals or groups. It then proposes the use of quasi-judicial audits of executive discretion as a remedy. …

How "Mead" Has Muddled Judicial Review Of Agency Action, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority to issue such interpretations with "the force of law." The Court did not define "force of law," and thus did not determine what type of agency procedures fit within Mead. Four years have passed since the Court decided Mead, and despite numerous Court of Appeals decisions, we still do not know when an agency is entitled to Chevron deference for interpretations issued through procedures less formal than …

Through The Looking Glass: Judicial Deference To Academic Decision Makers, The Conflict In Higher Education Between Fundamental Program Requirements And Reasonable Accommodations Under Section 504 Of The Rehabilitation Act And The Americans With Disabilities Act., Douglas Rush

ExpressO

No abstract provided.

Summary Of Nev. Serv. Employees Union V. Orr, 121 Nev. Adv. Op. 68, Patty L. Roberts

Nevada Supreme Court Summaries

This case is an appeal and cross-appeal from a judgment of the Eighth Judicial District Court, Clark County, granting in part and denying in part petitions for judicial review of an administrative decision by the Employee-Management Relations Board.

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Book Review, Kal Raustiala

Journal of Legal Education

No abstract provided.

Summary Of Amazon.Com V. Dee Dee Magee, 121 Nev. Adv. Op. 63, Debra L. Pieruschka

Nevada Supreme Court Summaries

No abstract provided.

Appeal No. 0746: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Appeal No. 0747: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Appeal No. 0743: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)

Appeal No. 0749: Eastland Energy Group V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2004-104 and 2004-104 (corrected)

Appeal No. 0745: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Appeal No. 0748: Georgiana Oil Company V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2005-07, 2005-08, 2005-09, and 2005-10

Cityland – Vol. 2, No. 8, Center For New York City Law

CityLand - 2005

The September 2005 issue of CityLand highlights major land use and zoning actions across New York City. Key developments include the City Council’s approval of Enrique Norten’s glass tower at One York Street in Tribeca and a text amendment allowing heliostats and wind turbines atop buildings in Battery Park City. The Council also approved a housing project for the mentally ill in East New York. The Planning Commission approved a major mixed-use development at 270 Greenwich Street and a controversial parking garage in Chelsea. BSA decisions include a denied appeal for a Van Cortlandt Village development, a variance for Robert …

Summary Of Mineral County V. State, Bd. Equalization, 121 Nev. Adv. Op. 55, Patrick Murch

Nevada Supreme Court Summaries

Defendant/Appellant Mineral County ("County") appealed from the district court's dismissal of its petitions for review of decisions issued by the Nevada State Board of Equalization ("State Board") under the Nevada Administrative Procedure Act ("APA"), Nevada Revised Statutes ("NRS") Chapter 233B.

Mara’Abe V. The Prime Minister Of Israel, Aharon Barak, Dorit Beinisch, Ayala Procaccia, Edmond E. Levy, Asher Grunis, Miriam Naor, Salim Joubran, Esther Hayut, Mishael 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.]

According to orders by the military commander, a partition fence was erected that sorrounds the town of Alfei Menashe in all directions while leaving a road connecting the town to Israel. Several Palestinian villages are within the area surrounded by the fence. The fence cuts them off from the remaining areas of the West Bank and creates a landlocked cluster of villages on the …

The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005: The Solution To Inherent Inequalities Exists Outside The Box Of Congress' "Sense" Of Personal Finance Education, Lisa M. Wiltshire

ExpressO

This Note analzyes the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 in relation to discrepancies between minority and white bankruptcy petition filers.

Separation Of Powers And The Criminal Law, Rachel E. Barkow

ExpressO

Scholars have written volumes about the separation of powers, but they have focused on the administrative state and have wholly ignored the criminal state. Judges, too, have failed to distinguish criminal from administrative matters. So, the conventional wisdom has been that whatever theory works for the administrative state should work for anything else, including crime. And because most scholars and judges have supported a flexible or functional approach to separation of powers in the regulatory sphere, they have failed to see a problem with the functional approach when it comes to criminal matters. Indeed, the Supreme Court has been even …

Hotels.Com V. Zuz Tourism Ltd., Asher Grunis, Mishael Cheshin, Edna Arbel

Translated Opinions

Facts: The applicant and the first respondent entered into an exclusive marketing agreement in February 2000. This agreement contained an arbitration clause stating that disputes between the parties would be resolved by arbitration which shall take place in Texas. In June 2002, the first respondent filed an action in Israel against the applicant and the second respondent, on the grounds that the second respondent was marketing the services of the applicant contrary to the agreement. The applicant filed a motion for a stay of proceedings on account of the arbitration clause in the agreement. The District Court denied the application, …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Allocating The Burden Of Proof In Administrative And Judicial Proceedings Under The Individuals With Disabilities Education Act, Thomas A. Mayes, Perry A. Zirkel, Dixie Snow Huefner

West Virginia Law Review

No abstract provided.

Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn

Washington and Lee Law Review

No abstract provided.

Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver

Endangered Species Act Congressional Field Tour (August 17-19)

10 pages (includes color illustrations and map).

Contains references.

Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans

Endangered Species Act Congressional Field Tour (August 17-19)

5 pages (includes illustration).

Contains references.

Day 3: Friday, 19 August 2005: States And The Esa, Pam Inmann, Tom Norton

Endangered Species Act Congressional Field Tour (August 17-19)

1 page.

Contains references.

Private International Law-Making For The Financial Markets, Caroline Bradley

ExpressO

This article argues that transnational financial transactions create new opportunities for private groups to influence legal and regulatory rules. Whereas the harmonization of financial law that follows from the increasing significance of transnational transactions looks as though it occurs through processes which are public, state-centred and transparent I describe three ways in which private and opaque processes have a significant influence on policy development in the area of financial law. These are private international law-making through private involvement in public rule-making processes, through contracting, and through the actions of private sector regulatory entrepreneurs.

Day 2: Thursday, 18 August 2005: Upper Colorado River Endangered Fish Recovery Program, Bob Muth, Tom Pitts, Dan Luecke

Endangered Species Act Congressional Field Tour (August 17-19)

58 pages (includes illustrations and maps).

Contains references.

Day 2: Thursday, 18 August 2005: Candidate Conservation Agreements And Collaborative Multi-Party Agreements, Al Pfister, Gary Skiba, Tim Lehmann

Endangered Species Act Congressional Field Tour (August 17-19)

8 pages (includes illustrations and maps).

Contains references.