Administrative Law Commons^™

Appeal No. 0600: Olney Friends School, Inc., V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-254

Reviewing Agency Action For Inconsistency With Prior Rules And Regulations, Harold J. Krent

All Faculty Scholarship

No abstract provided.

Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley

Federal Communications Law Journal

This Note posits that the Sunshine Act should be narrowed to allow the FCC to operate in the same way as Congress and the Federal courts. The FCC should be allowed to engage in open and frank discussion of issues facing the Commission without rigid restrictions on collegial conversation between Commission members.

Station Film Co. V. The Film Review Board, Aharon Barak, Eliahu Mazza, Mishael Cheshin

Translated Opinions

Facts: Respondent no. 1 decided to allow the screening of the film "L'Empire Des Sens," on the condition that several scenes be omitted from the film, and that the film only be shown to adults. According to respondent no. 1, these scenes were of a pornographic nature, and there was a near certainty that screening these parts of the film would cause serious, grave and severe harm to societal sensibilities and public morality. Petitioner accepted that the film could only be shown to adults. In this petition, it contests the deletion of the omitted scenes, except for scenes …

The 1996 Revised Florida Administrative Procedure Act: A Survey Of Major Provisions Affecting Florida Agencies, Jim Rossi

Florida State University Law Review

No abstract provided.

Analyzing Government Regulation, Joseph P. Tomain, Sidney A. Shapiro

Faculty Articles and Other Publications

Pervasive government regulation, together with its general unpopularity, poses important questions for our polity: Can sense be made out of the seeming chaos of government programs? What are the costs and benefits of government regulation? Is the regulatory state effective in mitigating the economic and social problems that it addresses? Although administrative law scholars recognize these issues, most respond with process reforms, such as greater executive oversight or new methods of statutory interpretation, rather than by articulating substantive answers concerning what should be the substantive goals and norms of the regulatory state. Moreover, law school curricula usually ignore these systemic …

Legislative Checks On Rulemaking Under Florida's New Apa, F. Scott Boyd

Florida State University Law Review

No abstract provided.

Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford Mank

Faculty Articles and Other Publications

This Article demonstrates that textualist Judges, most notably Justices Scalia, Thomas, and, to a lesser extent, Kennedy, have applied some canons too aggressively, and slighted others. Textualist Judges have overused clear-statement rules that narrow statutory meaning, especially as a means to promote federalism and states' rights. On the other hand, textualists have neglected canons that promote individual liberty or executive authority Because canons must be applied on a case-by-case basis and different canons can conflict, it is impossible to formulate one rule for how they should be applied. Nevertheless, the common textualist approach of selectively favoring some canons at the …

The 1996 Florida Administrative Procedure Act's Attorney's Fees Reforms: Creating Innovative Solutions Or New Problems?, Elizabeth C. Williamson

Florida State University Law Review

No abstract provided.

Maximum Individual & Vicinity-Average Dose For A Geologic Repository Containing Radioactive Waste, Thomas H. Pigford

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

Explains the basis for his strong dissent to an NAS report on Yucca Mountain.

Loosening The Chains That Bind: The New Variance And Waiver Provision In Florida's Administrative Procedure Act, Donna E. Blanton, Robert M. Rhodes

Florida State University Law Review

No abstract provided.

Using Citizen Suits To Protect Biodiversity, William Snape

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Over the past several decades, environmental advocates have expended enormous effort attempting to pass laws that protect air, water, land and species.' But even the best written laws will not be effective unless they are implemented. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal agencies sometimes do not enforce or obey the laws they are charged to uphold. For instance, …

The Administrative Law Agenda For The Next Decade, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler

Faculty Scholarship

Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …

The Maryland Administrative Procedure Act: Forty Years Old In 1997, Edward A. Tomlinson

Maryland Law Review

No abstract provided.

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

Jones V. Chagrin Falls: Muddying The Statutory Waters Of Ohio's Administrative Law Appeal Process , Joseph W. Diemert Jr.

Cleveland State Law Review

The common-law doctrine of failure to exhaust administrative remedies has generally been held to be a prerequisite to judicial review in statutorily defined administrative law appeal processes. Similarly, the United States Supreme Court in interpreting the federal administrative law appeal process, and the case law on Ohio's administrative law appeal process, have found that the doctrine of exhaustion is a jurisdictional bar to a declaratory judgment action except while challenging the constitutionality of a municipal or administrative decision. However, according to the holding in Jones v. Chagrin Falls, this may no longer be the case in Ohio. This article discusses …

Demystifying Deossification: Rethinking Recent Proposals To Modify Judicial Review Of Notice And Comment Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Presidential Rulemaking, Peter L. Strauss

Faculty Scholarship

One of the prominent issues during the 1992 presidential campaign was abortion, in particular the federal government's role in financing counseling activities that might promote it. In the Bush Administration, the Department of Health and Human Services had adopted a controversial regulation to withhold federal funds from any family planning or other medical service that included counseling about abortion in its activities; the Clinton campaign promised to rescind that regulation if Clinton were elected President. Shortly after his election, in a prominent White House ceremony, President Clinton announced that he had directed the rescission of the prior rule and the …

Working Welfare Recipients: A Comparison Of The Family Support Act And The Personal Responsibility And Work Opportunity Reconciliation Act, Lindsay Mara Schoen

Fordham Urban Law Journal

This Note compares the work requirements of the Family Support Act ("FSA") with those promulgated by the Personal Responsibility and Work Opportunity Reconciliation Act ("PRWORA") This Note concludes that the fairest and most effective welfare program offers a combination of work, education, and training, and proposes suggestions for implementing the existing work requirements to ensure long-term self sufficiency for welfare recipients.

Golden Rules For Transboundary Pollution, Thomas W. Merrill

Faculty Scholarship

Environmental law is becoming ever more centralized. In the United States, state and local pollution laws have been eclipsed by federal regulation. In the European Community, and to a lesser degree under the North American Free Trade Agreement (NAFTA), national controls have been supplemented by regional regulation. And the growing importance of treaties regulating particular aspects of the global environment has reinforced calls for more general regimes of international environmental regulation.

One inevitably given justification for this centralizing trend is that pollution is a transboundary phenomenon. Air and water pollution, and to a lesser extent groundwater contamination, can cross political …

The Consent Of The Governed: Against Simple Rules For A Complex World, Cynthia R. Farina

Cornell Law Faculty Publications

Professor Farina argues that recent proponents of enhanced presidential power overstate the ability of the President to legitimize the regulatory state. It accuses pro-presidentialists of premising their claims on a conception of the "will of the people" that is neither an accurate description of how citizens actually participate in modern government nor an authentic constitutional understanding of how citizens would consent to public policy decisions. The paper concludes by insisting that no single mode of democratic legitimization can "save" the regulatory enterprise; rather, administrative law must look to a plurality of institutions and practices that contribute to an ongoing process …

Playing Games With The Timing Of Judicial Review: An Evaluation Of Proposals To Restrict Pre-Enforcement Review Of Agency Rules, Mark Seidenfeld

Scholarly Publications

No abstract provided.

Hard Look Review In A World Of Techno-Bureaucratic Decisionmaking: A Reply To Professor Mcgarity, Mark Seidenfeld

Scholarly Publications

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Administrative Procedure, Patricia L. Mckenney

University of Richmond Law Review

This article reviews recent developments in the law affecting administrative procedure in Virginia. The 1997 General Assembly made no substantive changes to the Commonwealth's fundamental law of administrative procedure, but it did make numerous amendments to agency law affecting administrative case decisions. Among the major changes to agency procedures include authorizing the Commissioner of Social Services to review local board eligibility decisions, extending the powers of health regulatory boards that govern the licensing of health professionals, and permitting the air, water and waste boards to implement mediation and voluntary dispute resolution proceedings.

Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

This Essay focuses on a dimension of the regulatory takings issue that has received relatively little attention in what is otherwise a vast amount of literature on the topic: Why the Court is so persistently splintered and its precedent so seemingly schizophrenic. Most academic discussion has focused on the sheer difficulty of reconciling the public's firmly held conception of sacrosanct private property rights with the public's increasing demand for restrictions on the exercise of those same rights when they affect others adversely. This Essay's thesis is that reasons for this phenomenon exist beyond those that have dominated the ongoing academic …

The First Amendment In The Supreme Court: The Future Lies Ahead, Dean Joel M. Gora

Touro Law Review

No abstract provided.

The Red Lion Of Cable, And Beyond?-Turner Broadcasting V. Fcc, Laurence H. Winer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Administrative Law In The 21st Century, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.