Administrative Law Commons^™

Conciliation Des Litiges Et Formes Alternatives De Régulation En Droit Administratif Fédéral, France Houle, Daniel Mockle

Osgoode Hall Law Journal

Despite the considerable attention devoted to Alternative Dispute Resolution (ADR) in Canada, few studies are available on its impact in public law, especially in federal administrative law. Yet, there is much evidence that these techniques are increasingly used and it is therefore timely to catalogue and classify them. To this end, a distinction is drawn between dispute resolution techniques used for transactional purposes and those used for regulatory purposes. This classification provides the basis for a theoretical analysis which focuses on public law and raises questions generally neglected in the existing literature concerning ADR: the particular nature of federal law, …

The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl

Vanderbilt Law School Faculty Publications

For all the controversy surrounding the effect of the Endangered Species Act ("ESA") on private property, precious little information has accompanied the heated calls for strengthening or weakening the law's land use proscriptions. Preservationist groups and property rights groups alike depend on staking out higher moral ground and producing "poster child" stories of imperiled species or property owners. The Fish and Wildlife Service ("FWS"), which implements the ESA for most of the listed endangered and threatened species, has compiled reams of data on its administrative functions' in support of its recent efforts through administrative (in lieu of legislative) reform to …

Mend It Or End It? What To Do With The Independent Counsel Statute, Julian A. Cook

Scholarly Works

The tenure of Independent Counsel Kenneth Starr has generated much debate among scholars, politicians, and the media in recent years regarding the efficacy of the independent counsel statute, which is scheduled to expire in June 1999. Enacted in response to the Watergate saga, and particularly the infamous “Saturday Night Massacre,” the independent counsel statute was designed to remove politics from the prosecution of executive branch officials and to foster public confidence in the prosecutorial process. Advocates claim that the statute, though flawed, is the best system available to address alleged criminal wrongdoing by high-ranking executive branch officials, as well as …

Appeal No. 0591: Centry Surety Co. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 96-187 (Prospect Oil)

Appeal No. 0642: Stallion Petroleum V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 97-209

Appeal No. 0626: Halwell Company, Inc. (B T Energy, Inc.) V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-105

Appeal No. 0629: Halwell Company, Inc. (B T Energy, Inc.) V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 97-126

Appeal No. 0651: Pioneer Natural Resources V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 98-31 (Pink Oak Petroleum)

Appeal No. 0624: Halwell Company, Inc. (B T Energy, Inc.) V. Divisio Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-101

Appeal No. 0602: Century Surety V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 96-252 (I-Vada, Inc.)

Appeal No. 0647: Douglas & Jean Hiestand V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Permit Issuance, D & L Energy, Inc.

Amicus Brief Of Thomas G. Field, Jr., Pro Se Supporting In Principle, On Rehearing The Commissioner Of Patents And Trademarks, Thomas G. Field Jr.

Law Faculty Scholarship

To those unfamiliar with the long, often bitter, struggle over equally compelling needs to provide, on the one hand, innovators with an adequate opportunity to recoup risk capital and to avoid, on the other, erecting unwarranted barriers to competition, a dispute over the proper scope of review for Patent and Trademark Office (PTO) patent appeals will seem both trivial and arcane. This case involves more than semantics -- its resolution turns on the allocation of power among three, and arguably four, branches of government. This Court, itself, has a stake.

Appeal No. 0648: Rhys & Deborah Jones V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Permit Issuance, D & L Energy, Inc.

"Validly Adopted Interpretations": Defining The Deference Standard In Aviation Certificate Action Appeals, Denise A. Banaszewski

Washington Law Review

The split-enforcement model of agency administration creates a dilemma for the adjudicating agency regarding how much deference it should allot interpretive documents promulgated by the agency with rulemaking authority. In 1992, Congress sought to resolve this problem in the area of aviation safety by statutorily mandating that the adjudicating agency, the National Transportation Safety Board (NTSB), defer to "validly adopted" interpretations generated by the rulemaking agency, the Federal Aviation Administration (FAA). Ironically, the statute created even more uncertainty because the term "validly adopted" is vague and remains undefined. Subsequent decisions have not clarified exactly when the NTSB considers itself bound. …

Administrative Law, Terri L. Carver

Mercer Law Review

The Eleventh Circuit ruled on numerous administrative law issues in 1997, including exhaustion of administrative remedies, deference to agency legal interpretations, and the time period for appealing federal agency actions. The Eleventh Circuit also took a close look at the scope of an inspector general's subpoena powers and clarified the role of agency investigations versus inspectors general investigations.

The Eleventh Circuit decided several cases of first impression in 1997. In a case of first impression nationwide, the Eleventh Circuit ruled that determining the amount of attorney fees in an administrative case was a collateral issue.' Therefore, the issue of attorney …

State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson

Law Faculty Scholarship

No abstract provided.

On Misusing “Revolution” And “Reform”: Procedural Due Process And The New Welfare Act, Cynthia R. Farina

Cornell Law Faculty Publications

After a long dry spell, the debate over procedural due process flows again. The Supreme Court has announced the first major doctrinal revision in years; Congress has gutted the regulatory program that underlay Goldberg v. Kelly; and Richard Pierce has published an essay in the Columbia Law Review prophesying a radical de-evolution of due process doctrine that will bring constitutional law into line with the profound political and social revolution evidenced by welfare “reform.” My essay takes Professor Pierce's recent work as a springboard for reengaging the debate about the direction of procedural due process. I begin by recapitulating …

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

West Virginia Law Review

No abstract provided.

Appeal No. 0603: Century Surety Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-251

Public Issues In Parks And Recreation Activity In The 105th Congress, Barry S. Tindall

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

3 pages.

The New Challenge Of Outdoor Recreation, Roz Mcclellan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

5 pages.

Outdoor Recreation And Water Development: The National Recreation Lakes Study, Bruce R. Brown

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

12 pages.

Recreation Management By The Blm: A Local Perspective, Ann Morgan

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

10 pages.

Market Solutions To Public Recreation Finance: Creating User-Supported Parks, Donald R. Leal

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

11 pages.

Contains 1 page of references.

Market Solutions To Public Recreation Finance: The Texas State Parks Example, Donald R. Leal

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

11 pages.

Contains 1 page of references.

Field Level Conflict Management In Outdoor Recreation, Arden Anderson

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

16 pages.

Contains references.

The Limitations Of A Market-Based Outdoor Recreation Policy: Reasons For Caution, Scott Silver

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

13 pages (includes illustrations).

Contains references.

The Dilemma Of County And Municipal Open Space Programs: The Case Of Jefferson County, Colorado, Ron Holliday

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

7 pages.

Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

17 pages.

Food Stamp Trafficking: Why Small Groceries Need Judicial Protection From The Department Of Agriculture (And From Their Own Employees), Elliot Regenstein

Michigan Law Review

A neon sign in the window of 7-Van Drugs reads "Food Stamps," but the contradictory truth is posted inside on a handwritten sign taped to a thick pane of bulletproof plastic. 7-Van Drugs sits at the intersection of Seven Mile Road and Van Dyke in northern Detroit, where it has "serv[ ed] the community since 1948 at the same corner." Inside 7-Van is an array of staple foods and basic household cleaning items, and there is a small pharmacy in the back. Customers must use a turnstile to pass their purchases through the bulletproof plastic to the cashier. There are …