Administrative Law Commons^™

Appeal No. 0985: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)

Appeal No. 0986: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)

Appeal No. 0984: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)

(Un)Due Process: Adversarial Cross-Examination In Title Ix Adjudications, Suzannah C. Dowling

Maine Law Review

Campus sexual assault grievance procedures, governed by Title IX, have become a hotspot for recent debates about the contours of due process on college campuses. The Obama administration substantially revised Title IX grievance procedures to encourage reporting and adjudication of campus sexual assaults. Less than a decade later, the Trump administration rolled out its own Title IX guidance to undo many of those requirements, in the name of enhancing due process protections for accused students. One particularly controversial new requirement in the 2020 Title IX regulations is for adversarial cross-examination. This Comment argues that adversarial cross-examination in campus sexual assault …

Contractual Liability Of The Administration For The Violation Of The Controls Set By The Sanctions Authority: Analytical Study In Light Of The Legislation And The Provisions Of The Uae Judiciary, Ahmed Juma Al Baluchi

UAEU Law Journal

This study focuses on the theme of violation of the administration of its authority to impose sanctions on the contractor in case where it has sole discretion, in terms of the statement of its power, controls, infringement, and the responsibility of the administration towards the contractor. The study applies jurisprudence concepts and judicial decisions in addition to legal analysis on this subject in the United Arab Emirates. Moreover, the study follows the comparative analytical method, in order to reach sound scientific findings. Accordingly, I divided the study into three sections leading to a conclusion that reflects the findings and recommendations …

The Basis Of Administrative Responsibility Without Fault In The Light Of Islamic Jurisprudence (Fiqh) And The French Council Of State Judiciary: An Original Analytical Study, Bassam Mohammed Abu Armela

UAEU Law Journal

In order to achieve public interest, administration carries out a lot of lawful of legal and physical businesses. As a result, a lot of individuals often were exposed to a great harm and damage. Therefore, they should be compensated for this damage to achieve the rules of justice and equity that are imposed by justice to bear the consequences of its actions even if it is lawful and to be more responsible without any mistakes.

For reaching this goal, and in the lack of wrong idea about addressing this issue, and in order to support this responsibility, this study is …

On American Demagoguery To National Security, Jennifer Brumfield

University of Cincinnati Law Review

No abstract provided.

Revolving Doors - We Got It Backwards, Hadar Yoana Jabotinsky Dr.

University of Cincinnati Law Review

The revolving door phenomenon, in which senior public officials transfer from the public service to the private sector after finishing their term as public officials, and vice versa, is widespread. This gives rise to concern of regulatory capture, which happens when the regulators respond to the wishes of strong interest groups, such as the regulated industry, instead of protecting the interests of the general public. The solution is usually found in conflict-of-interest rules which set cooling-off periods for individuals moving from the public to the private sector. This paper proposes that although revolving doors do incur some costs, they also …

Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster

University of Cincinnati Law Review

Transparency has become a preeminent administrative norm with unimpeachable status as a pillar of democracy. But the rise of right-wing populism, reminiscent of older forms of militaristic authoritarianism, threatens transparency’s standing. Recently elected governments in Europe, Latin America, and North America represent a counter-movement away from liberal-democratic institutions that promote the visibility and popular accountability that transparency promises. Contemporary populist movements have not, however, entirely rejected it as an ideal. The populist rebuke of power inequities and its advocacy for popular sovereignty implicitly and sometimes explicitly include a demand for a more visible, accessible state. Populists’ seemingly hypocritical embrace of …

Equity Market Structure Regulation: Time To Start Over, Paul G. Mahoney

Michigan Business & Entrepreneurial Law Review

Over the past half-century, the U.S. Securities and Exchange Commission (SEC)’s regulations have become key determinants of the way in which stocks trade and the fees that exchanges charge for their services. The current equity market structure rules are contained primarily in the SEC’s Regulation NMS. The theory behind Regulation NMS is that a system of dispersed markets operating pursuant to SEC-mandated information and order routing links will provide the benefits of consolidation and competition simultaneously.

This article argues that Regulation NMS has failed in that quest. It has produced fragmented markets and created questionable incentives for market participants, possibly …

Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster

UF Law Faculty Publications

Transparency has become a preeminent administrative norm with unimpeachable status as a pillar of democracy. But the rise of right-wing populism, reminiscent of older forms of militaristic authoritarianism, threatens transparency’s standing. Recently elected governments in Europe, Latin America, and North America represent a counter-movement away from liberal-democratic institutions that promote the visibility and popular accountability that transparency promises. Contemporary populist movements have not, however, entirely rejected it as an ideal. The populist rebuke of power inequities and its advocacy for popular sovereignty implicitly and sometimes explicitly include a demand for a more visible, accessible state. Populists’ seemingly hypocritical embrace of …

Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization, Omar El Menshawy

Theses and Dissertations

Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates …

Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law, Michael E. Herz

Online Publications

The nationwide injunction has seized the imagination of courts and law professors in recent years. Not surprisingly, JOTWELL’s pages screens have given it extensive attention. Recent jots have described important work by Samuel Bray (twice), Amanda Frost (also twice), Russell Weaver, and Alan Trammell that attacks, defends, or theorizes nationwide (or “universal”) injunctions. Jack Beermann, in praising Bray and Frost, did have one complaint: “As an administrative law nut, I wish they both grappled more with the meaning of the APA’s instruction that reviewing courts should ‘hold unlawful and set aside’ unlawful agency action.” Mila Sohoni has now filled that …

The Constitutional Status Of The Administrative State, Kate Glover Berger

All Papers

This paper considers the constitutional status of the administrative state. It argues that, after decades of growth in size, reach, and power, the administrative state can now be understood as an architectural feature of the Canadian constitution. To make this argument, the paper first provides an account of the concept of architecture in Canadian constitutional law and the analytical framework it offers for thinking through the status question. It then looks to developments in Canadian public law that shed light on the status of the administrative state. The analysis focuses on three such developments: the expansion of the role of …

Article 6.21, Tatiana Stolpovskaya

Theses and Dissertations

Article 6.21 is a short documentary film that aims to examine the state of censorship around queerness in Russia today and its effects on personal lives in the queer community.

Twenty years after Russia decriminalized homosexuality, on June 30th in 2013, President Vladimir Putin signed Article 6.21 "for the Purpose of Protecting Children from Information Advocating for a Denial of Traditional Family Values", also known as the "Gay Propaganda Law". Its broad and ambiguous wording allows the government significant leeway in deciding what kind of public queerness is punishable.

In 2020 Russia passed multiple constitutional amendments that affect many areas …

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Brewing Green Beer: Building A Regulatory Scheme Robust To Changes In Brewing Technologies, Daniel Pashang Withers

Texas A&M Law Review

New beer brewing technologies provide brewers with options to produce beer in more eco-friendly, less resource-intensive ways; however, as brewers adopt these technologies, they may find themselves straddling between the regulatory schemes of the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) and the Food and Drug Administration (“FDA”). The two agencies have divided control over beers based on their ingredients, which places some beers under the TTB’s purview as “malted beverages” and others under the FDA’s purview. These distinctions have implications for the regulatory hurdles that brewers must overcome to market their products. Additional regulations that eco-friendly, green beers …

Revitalizing Greenhouse Gas Permitting Inside A Biden Epa, Matt Haber, Seema Kakade

Faculty Scholarship

No abstract provided.

Environmental Enforceability, Seema Kakade

Faculty Scholarship

There are great expectations for a resurgence in federal environmental enforcement in a Biden-led federal government. Indeed, federal environmental enforcement suffered serious blows during the Trump Administration, particularly at the Environmental Protection Agency (EPA), including large cuts in the budget for enforcement and reversals of key enforcement policies. Yet, while important to repair the damage, truly strengthening federal environmental enforcement will require more. This Article highlights the need for greater attention to the multiple hurdles that plague environmental enforcement. In doing so it makes three contributions to the literature. First, it asserts that even though environmental statutes, regulations, and guidance …

Food And Drug Regulation: A Statutory Approach, Adam I. Muchmore

Books

This is the first chapter of a new casebook on food and drug regulation. This book presents food and drug regulation as a statutory subject. It is organized around the structure of the Federal Food, Drug, and Cosmetic Act, and emphasizes guided reading of statutes, regulations, and federal register documents. Cases are presented primarily when they involve major issues of statutory interpretation, are historically significant, or are in one of the areas where case law plays a major role.

The book is designed to work with a Statutory and Regulatory Supplement provided as a PDF. The statutes and regulations in …