Administrative Law Commons^™

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

Articles

No abstract provided.

Ub Viewpoint – Dissolving The Shadows, Eric Easton

All Faculty Scholarship

No abstract provided.

Employer Tax Liability For Employees' Tips: Fior D'Italia, Steve R. Johnson

Scholarly Publications

Given Nevada's heavy concentration of businesses in which employees are tipped, lawyers here may be more than usually interested in a recent decision by the United States Supreme Court. On June 17, 2002, the Court decided United States v. Fior D'ltalia, Inc. By 6 to 3, the Court held that the IRS may use an “aggregate estimation” method to determine employers’ liability for Social Security (FICA) taxes imposed on their employees’ tip income. The decision is an important development in a controversy of long duration, but it is not the end of that controversy. This article …

Environmental Law, Lisa Spickler Goodwin

University of Richmond Law Review

No abstract provided.

Appeal No. 0704: Rocanville Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-62

Stare Decisis, Chevron, And Skidmore: Do Administrative Agencies Have The Power To Overrule Courts?, Paul A. Dame

William & Mary Law Review

No abstract provided.

Judicial Review Of Administrative Policymaking, Charles H. Koch Jr.

William & Mary Law Review

No abstract provided.

After Craft: Implementation Issues, Steve R. Johnson

Scholarly Publications

Scientists often observe that answering one question about the world or universe causes many new questions to arise. Chess players understand that to win material in the opening or middle game is empty without playing the end game properly. Military commanders and their civilian superiors know that winning a battle is not an end in itself. They must then address what do with their victory, how to turn it to useful result. Having to confront these second-generation or follow-up problems clearly beats the alternatives (remaining ignorant or losing the game or battle), but initial success ushers in not immediate repose …

Administrative Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Aljs In State-Local Tax Cases: To Whom Is Deference Due?, Steve R. Johnson

Scholarly Publications

This installment of the column reports on an interesting recent Nevada sales tax case, State Dep’t of Taxation v. Masco Builder Cabinet Group. The case involved two issues: (1) whether the Department of Taxation gave appropriate deference to the findings and conclusions of the administrative law judge who had originally heard the case, and (2) whether the principle of equitable tolling applied to extend the statute of limitations period for the taxpayer’s refund claims. The taxpayer, represented by attorney Brett Whipple, prevailed in the Nevada Supreme Court on both issues.

The first part below develops the facts of Masco …

Key Disclosure Issues For Life Sciences Companies: Fda Product Approval, Clinical Test Results, And Government Inspections, William O. Fisher

Michigan Telecommunications & Technology Law Review

The government, particularly the Food and Drug Administration ("FDA"), heavily regulates the life sciences industry. FDA actions can have an extraordinary influence on the fortunes of biotechnology companies. Timely FDA approval of a drug or medical device can permit a company to exploit an inviting market window. FDA product approval is, in turn, tied to clinical test results which demonstrate "efficacy" and safety. Delayed approval, unfavorable test results, or the denial of an FDA application may ruin a company. Beyond the FDA product approval process and related testing lie FDA inspections and the possibility that the government will investigate charges …

Carte Blanche For Cruelty: The Non-Enforcement Of The Animal Welfare Act, Katharine M. Swanson

University of Michigan Journal of Law Reform

This Note explores both the judicial and administrative underenforcement of the Animal Welfare Act in protecting the welfare of laboratory animals used for purposes of experimentation. Specifically, the Note suggests that judicial underenforcement is borne as a result of the difficulties of lodging a private cause of action under the Act or gaining standing under the alternative statutory scheme of the Administrative Procedure Act. It further suggests administrative underenforcement in describing the promulgated regulations of the Act as inadequate and the lack of self-policing mechanisms. Finally, the Note suggests some ways that enforcement can be made more effective in these …

Appeal No. 0695: Energex Oil & Gas Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2000-68

Appeal No. 0694: Energex Oil & Gas Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2000-67

Seeds Of Distrust: Federal Regulation Of Genetically Modified Foods, Thomas O. Mcgarity

University of Michigan Journal of Law Reform

This Article describes and evaluates the existing federal regulatory regime for protecting public health from risks posed by foods derived from GM plants. Part I briefly describes the technology involved in genetically modifying plants and relates the ongoing debates over the risks and benefits of GM food plants. Part II examines in detail the regulatory regime that has evolved in the United States to regulate the safety of GM foods, focusing in particular upon the pervasive role that the substantial equivalence doctrine has played in that regime. Finally, Part III suggests a more precautionary approach toward regulating GM foods that …

Curing Healthcare Providers' Failure To Administer Opioids In The Treatment Of Severe Pain, Rima J. Oken

Cardozo Law Review

No abstract provided.

Appeal No. 0708: Halwell Company, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2001-55, 2002-06, 2002-08

Appeal No. 0705: Halwell Company, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2001-55, 2002-06, 2002-08

Appeal No. 0707: Halwell Company, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2001-55, 2002-06, 2002-08

Appeal No. 0706: Progressive Gas & Oil Co. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2001-71

Agenda: Coalbed Methane Development In The Intermountain West, University Of Colorado Boulder. Natural Resources Law Center

Coalbed Methane Development in the Intermountain West (April 4-5)

306 p. : ill., maps ; 28 cm

"July 2002"--Cover

Proceedings of a conference held April 4-5, 2002

Listed as no. 28 in the Research Report Series on the NRLC Recent Publications list

Includes bibliographical references

Contents:

Coalbed methane development in the Intermountain West : a primer / Gary Bryner -- Coalbed methane development in the Intermountain West : case studies. Coalbed methane in the San Juan Basin of Colorado and New Mexico / Catherine Cullicott, Carolyn Dunmire, Jerry Brown, Chris Calwell ; Coalbed methane development in Wyoming's Powder River Basin / Diana Hulme -- Keynote address / Rebecca Watson …

Keynote Address, Rebecca Watson

Coalbed Methane Development in the Intermountain West (April 4-5)

6 pages.

Concluding Comments, Mark Sexton

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

Concluding Comments, Mark Pearson

Coalbed Methane Development in the Intermountain West (April 4-5)

3 pages.

Cbm Development From The County Perspective, Josh Joswick

Coalbed Methane Development in the Intermountain West (April 4-5)

4 pages.

Appeal No. 0702: Mormack Industries, Inc, S & S Energy Corporation V. Division Of Mineral Resources Management & Mr. & Mrs. Calvin Mcmullin, Mr. & Mrs. Kevin Yoder, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2001-14

Appeal No. 0700: Mormack Industries, Inc, S & S Energy Corporation V. Division Of Mineral Resources Management & Mr. & Mrs. Calvin Mcmullin, Mr. & Mrs. Kevin Yoder, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2001-14

Spurious Interpretation Redux: Mead And The Shrinking Domain Of Statutory Ambiguity, Michael P. Healy

Law Faculty Scholarly Articles

In skewering the Supreme Court's recent decision in United States v. Mead Corp., Justice Scalia's rhetoric is exceptional. He derides the decision as "one of the most significant opinions ever rendered by the Court dealing with the judicial review of administrative action. Its consequences will be enormous, and almost uniformly bad." Although Justice Scalia objects to Mead's new and uncertain limits on the applicability of the Chevron doctrine, this Article will focus instead on how Mead employs a method of interpretation imputing a clear intent to Congress, and authorizes courts to discern statutory meaning without strong deference to …

Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

The Koon Trap: Why Imperfect Entrapment Fails To Justify Departure From The Federal Sentencing Guidelines, Joseph M. Meadows

Indiana Law Journal

No abstract provided.