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Articles 31 - 60 of 69
Full-Text Articles in Agency
Veterinary Medical Board, Kelsey Burns, Betsy Gopinath
Veterinary Medical Board, Kelsey Burns, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board, Natasha Pulido, Betsy Gopinath
Contractors’ State License Board, Natasha Pulido, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth
California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth
Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Brian Attard, Debra Jorgensen
California Board Of Accountancy, Brian Attard, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Why Does The Sec Hate Lawyers And Will The Bitterness Ever Go Away: A Review Of The Reasons For The Current State Of This Relationship And A Proposed Path Forward, Ernest Edward Badway, Joshua Horn, Christie Mcguinness
Why Does The Sec Hate Lawyers And Will The Bitterness Ever Go Away: A Review Of The Reasons For The Current State Of This Relationship And A Proposed Path Forward, Ernest Edward Badway, Joshua Horn, Christie Mcguinness
Brooklyn Journal of Corporate, Financial & Commercial Law
The United States Securities and Exchange Commission (“SEC” or “Commission”) and its staff (“Staff”) have brought numerous actions against lawyers in a variety of contexts over the last several years. These enforcement actions have arguably prevented zealous advocacy as well as potentially leaving lawyers reluctant to make certain arguments on behalf of their clients so as to avoid potential disciplinary actions against them. While it is important for the Commission and its Staff to ensure that lawyers do not engage in violative conduct, this Article notes that the SEC and its Staff’s actions should be limited to only those occasions …
Activist Shareholders At De Facto Controlled Companies, Gaia Balp
Activist Shareholders At De Facto Controlled Companies, Gaia Balp
Brooklyn Journal of Corporate, Financial & Commercial Law
Activist campaigns are likely to increasingly target controlled companies. Studies concerning activism at controlled companies focus on shareholder-empowering tools, such as the right to nominate and elect minority directors on the board, as a pathway for limiting the principal-principal agency problem. However, not enough attention has been paid to the distinction between de jure and de facto controlled companies. Building on a recent case concerning a leading Italian corporation, this Article analyzes the possible unexpected corporate governance consequences of successful activist intervention at de facto controlled companies, showing that, where minority shareholders are granted the right to appoint directors on …
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
Seattle Journal of Environmental Law
Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how …
Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond
Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond
Dickinson Law Review (2017-Present)
On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Dickinson Law Review (2017-Present)
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Private Funding Of The United Nations, Consequence And Future Of The World Intergovernmental Organization, Kossi H. Hator
Private Funding Of The United Nations, Consequence And Future Of The World Intergovernmental Organization, Kossi H. Hator
Dissertations, Theses, and Capstone Projects
The continuous financial crisis of the United Nations has been one of the of the major issues in the world’s international organization history. For more than forty years, the UN has been continually crippled by unceasing financial difficulties. Repetitive cash-flow emergency, difficulties in collecting member states’ contributions and to pay its debts have become major concerns. Moreover, the necessity to carry on its mission, and to promote peacekeeping and other social programs have been compromised. No matter what the case may be, the future and fate of the organization lays in the hands of the richest and powerful state members, …
State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme
State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth
Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen
Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Angela O'Hara, Debra Jorgensen
Medical Board Of California, Angela O'Hara, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Shana Sobel, Debra Jorgensen
Board Of Registered Nursing, Shana Sobel, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme
Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth
Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Stephanie Mendivil, Bridget Fogarty Gramme
Board Of Pharmacy, Stephanie Mendivil, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Thomas Burke, Debra Jorgensen
California Board Of Accountancy, Thomas Burke, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
Committee Of Bar Examiners, Halie Turigliatti, Bridget Fogarty Gramme
Committee Of Bar Examiners, Halie Turigliatti, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Auer Deference Should Be Dead; Long Live Seminole Rock Deference, John B. Meisel
Auer Deference Should Be Dead; Long Live Seminole Rock Deference, John B. Meisel
Catholic University Journal of Law and Technology
Deference doctrines should be understood in light of the Administrative Procedures Act’s distinction between legislative rules and interpretive rules and should be based on a solid theoretical foundation. Modern Auer deference calls for categorical deference for an agency’s regulatory interpretation of an ambiguous regulation. This is inconsistent with the APA’s characterization of the purpose of an interpretive rule. Properly construed, interpretive rules clarify the meaning of a legal text which should be justified by use of expository reasoning. These rules deserve a lesser form of deference (Skidmore deference), based on an agency’s unique understanding of its own regulations which …
Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Debra Jorgensen
Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.