Administrative Law Commons^™

Appeal No. 0613: Poston Operating Co., V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-28

Appeal No. 0623: Max Becker, Dba Ruma, Inc. V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 97-102

Appeal No. 0617: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-66

Appeal No. 0620: Halwell Company (Bt Energy Corporation) V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-83

Appeal No. 0621: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-84

Appeal No. 0616: Halwell Company, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-62

Appeal No. 0630: Kilbarger Construction, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-140

Appeal No. 0622: Alsid Oil & Gas Development Co. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-77

Appeal No. 0631: Calvin & Paula Adkins V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-152 (Cabot Oil & Gas)

Appeal No. 0628: Halwell Company. Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 97-120

Competition In Telecommunications, Oregon Law Institute, Michael T. Weirich, Charles L. Best, Arthur Butler, David C. Olson, Walter Hyer, Simon J. Ffitch, Bradley F. Tellam

Oregon Law Institute, 1998

Course Materials from the February 6, 1998 Program in Portland

Conterm Ltd. V. Finance Ministry, Itzchak Zamir, Aharon Barak, Mishael Cheshin

Translated Opinions

Facts: The petitioner acquired a license from the Customs Authority to operate a licensing warehouse on land in dispute between it and the Port and Train Authority. The Customs Authority asked for proof that the petitioner had a right in the land, as required by the regulations, and in return it received an agreement that did not appear to address such a right. The Customs Authority granted the license anyway. When it became aware of the dispute over the land, it refused to renew the license. The central question is whether the petitioner had a duty to disclose the existence …

Tough Love In The District: Management Reform Under The District Of Columbia Financial Responsibility And Management Assistance Act , Stephen R. Cook

American University Law Review

No abstract provided.

Managing The Iatrogenic Risks Of Risk Management, Jonathan Baert Wiener

RISK: Health, Safety & Environment (1990-2002)

Analogizing to concerns that led the practice of medicine to shift from a specialist to a team-based approach, Dr. Wiener suggests that public and environmental health objectives would be better served if, e.g., regulatory jurisdiction were less atomized.

The Internet Changes Everything: Revolutionizing Public Participation And Access To Government Information Through The Internet, Stephen M. Johnson

Articles

The internet holds great promise when agencies affirmatively use it to solicit public in- put during initial policy development in either notice and comment rule- making, or in the initial development of interpretive rules, guidelines, or policies. The Clinton administration has embraced such a vision. Many federal agencies actively use the Internet to disseminate government information and solicit public input on important policy matters. This Article explores the manner in which the Internet and similar technological innovations can be, and are being, used to expand public access to government information and to increase public participation in all forms of agency …

Electricity Restructuring: A Case Study In Government Regulation, Joseph P. Tomain

Faculty Articles and Other Publications

Understanding the electric power industry can at times be overwhelming given the amount of information, technical jargon, economic forecasts, and detail involved with such a complex field. For the sanguine (or the cynical), the more regulatory or deregulatory initiatives the better because the industry needs the regulatory services of lawyers and other consultants. For the less sanguine (or the less cynical), there is a desire for some stillness in this ongoing change in the regulation of the electric power industry. It is the intent of this article to provide some relief through a brief regulatory history of the electric industry. …

Florida's Expedited Permit Review Process: Streamlining The Development Of Florida's Economy, Carolyn Raepple

Florida State University Law Review

No abstract provided.

How The Glitch Stole Christmas: The 1997 Amendments To The Florida Administrative Procedure Act, Stephen T. Maher

Florida State University Law Review

No abstract provided.

Differentiating Regulation Of Public And Private Institutions: A Preliminary Inquiry, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

Twenty years ago, James Q. Wilson and Patricia Rachal argued that government cannot regulate itself. In an era of revived federalism, increased reliance on contractors, and proliferation of quasi-public organizations, the importance of government self-regulation is greater than ever. This paper tests an underlying assumption of Wilson and Rachal's claim: that regulation of public and private organizations can be differentiated. Employing a meta-research design, this pilot study uses existing regulatory case studies to create "regulatory relationship profiles" for public and private organizations. These profiles include information on the structure of the regulator, the intent of the regulation, the enforcement tools …

Regulating Risk Not Function, Heidi Mandanis Schooner

Scholarly Articles

This Article examines our current scheme of bank regulation through an analysis of banks' securities activities -- how such activities are currently regulated and how they might be regulated in the future.

Part I summarizes the major restrictions on banks' securities activities, emphasizing recent regulatory initiatives aimed toward expanding banks' participation in the securities business.

Part II examines the application of the federal securities laws to banks' securities activities. (While banks enjoy some exemptions from the federal securities laws, they are subject to many of the most important provisions.) In addition, Part II sets forth the division of responsibility for …

The Aba Section Of Administrative Law And Regulatory Practice - From Objector To Protector Of The Apa, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

What Ever Happened To The Appearance Of Fairness Doctrine? Local Land Use Decisions In An Age Of Statutory Process, W.T. Watterson

Seattle University Law Review

All states guarantee constitutional due process and fairness for both judicial and quasi-judicial proceedings. They differ, however, on the legal standard of fairness to apply to quasi-judicial proceedings. Many states rely on due process guarantees, that is, a proceeding which is fair in actual substance and procedure. Washington, however, has adopted more of the judicial standard for quasi-judicial actions, requiring "a hearing not only fair in substance, but fair in appearance as well." This "appearance of fairness doctrine" was originally developed within the context of local land use decisions. Later, it was applied to a broader spectrum of administrative proceedings. …

Separation Of Powers And The Separate Treatment Of Contract Claims Against The Federal Government For Specific Performance, Richard H. Seamon

Villanova Law Review (1956 - )

No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing

UIC Law Review

No abstract provided.

Hard Cases From Easy Cases Grow: In Defense Of The Fact-And Law-Intensive Administrative Law Case, 32 J. Marshall L. Rev. 87 (1998-1999), James C. May

UIC Law Review

No abstract provided.

Independence After Matsqui?, Richard Haigh, Jim Smith

Articles & Book Chapters

The authors look at the Supreme Court's latest fully reasoned decision on independence in Canadian Pacific v. Matsqui, where native tribunals were found to be biased because of certain institutional characteristics. The authors argue that the court employs, on the one hand, a very simplified analysis of independence, but at the same time, sets standards for testing independence and bias in tribunals that are impossible to adequately quantify in practice. Neither the reasoning of Lamer C.J, nor Sopinka J. is adequate to address the full range of tribunal experience; in fact, the Supreme Court examines administrative tribunals as if they …

The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe

Faculty Scholarship

The article examines enforcement of the environmental laws of Israel and of the United States. It concentrates on provisions for enforcement of the laws by government authorities--that is, either by administrative authorities or by the courts at the request of an administrative authority. Environmental laws in many jurisdictions may also be enforced by private actions. These private enforcement actions are not addressed specifically in this article, although much of what is said is also applicable to such actions.

Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak

Fordham Urban Law Journal

The New York State administrative system for obtaining a license to carry a concealed weapon violates the state constitution and the tenets of administrative law vital to a democratic society. This article discusses the failures of the New York State administrative procedures for issuing carry licenses. In addition, this article asserts that by avoiding policy determinations, the legislature has created a system that disadvantages both individual applicants and the public at large. This article concludes that both the New York Legislature and courts must act to rectify the state's unconstitutional and undemocratic scheme for issuing carry licenses.

Law And Incommensurability: Introduction, Matthew D. Adler

Faculty Scholarship

No abstract provided.