Congressional Control Of Tax Rulemaking,
2017
University of South Carolina School of Law
Congressional Control Of Tax Rulemaking, Clint Wallace
Faculty Publications
The notice and comment process is often touted as a mechanism for establishing political accountability, and providing a check on agency decision-making. Based on a survey of three years of recently proposed tax regulations, this Article shows that many notice-and-comment processes for tax regulations have been ineffective for these purposes. Fully one-third of the time, no one participated. The few participants there are have been heavily weighted towards private interests, which commented on approximately two-thirds of all proposed regulations from 2013 through 2015. In contrast, public interest groups commented on less than 24% of proposed regulations. If the notice and …
Taking Systemic Risk Seriously In Financial Regulation,
2017
University of Chicago
Taking Systemic Risk Seriously In Financial Regulation, Todd Henderson, James C. Spindler
Indiana Law Journal
Bank regulation failed in the run up to the financial crisis of2008, as it has numerous times in the course of U.S. history. This is despite the existence of traditional prudential regulation, such as capital adequacy mandates, reserve requirements, and bank examination, as well as more common legal remedies, such as tort and contract litigation. Unsurprisingly, in the wake of these failures, many reforms have been proposed, and some adopted, to try to reduce bank risk taking. These reforms include limiting bank size, requiring bank managers to be paid differently, restricting investment in high-risk financial products, and, of course, tightening …
Foreword,
2017
Nova Scotia Court of Appeal
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise,
2017
Dalhousie University
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise, Bill Charles
Dalhousie Law Journal
The basic or overarching question addressed by the author is why institutional law reform in Nova Scotia has experienced such operational difficulties and challenges, particularly in relation to funding, to the point where it can be described as a perilous enterprise. In the process of searching for an answer to this question, the author examines the origins and development of organized law reform in Nova Scotia over the last 65 years, with special attention paid to the experience of Nova Scotia's two statutory commissions. As a backdrop to the discussion, the author examines the complicated process of law reform itself …
Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues,
2017
Rhode Island Sea Grant Law Fellow
Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage
Sea Grant Law Fellow Publications
From 2014 to 2016, Rhode Island Shellfish growers applied for a series of leases to produce oysters in close proximity to lands used for waterfowl hunting. The emerging conflict between these uses required the relevant agencies to seek modifications to minimize problems and highlighted a need to better understand the relevant authorities governing these agencies. This study provides an overview of how state and federal legal authorities govern the interaction of shellfish leasing and waterfowl management in Rhode Island, including whether shellfish leasing may be considered incidental take under federal law.
Chevron In The Circuit Courts,
2017
University of Georgia School of Law
Chevron In The Circuit Courts, Kent Barnett, Christopher J. Walker
Michigan Law Review
This Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevrondeference— the doctrine under which courts defer to a federal agency’s reasonable interpretation of an ambiguous statute that it administers. Based on 1,558 agency interpretations the circuit courts reviewed from 2003 through 2013 (where they cited Chevron), we found that the circuit courts overall upheld 71% of interpretations and applied Chevrondeference 77% of the time. But there was nearly a twenty-five-percentage-point difference in agency-win rates when the circuit courts applied Chevrondeference than when they did …
Chevron In The Circuit Courts: The Codebook Appendix,
2017
University of Georgia School of Law
Chevron In The Circuit Courts: The Codebook Appendix, Kent H. Barnett, Christopher J. Walker
Scholarly Works
For our empirical study on the use of Chevron deference in the federal courts of appeals, we utilized the following Codebook. This Codebook draws substantially from the codebook appended to William Eskridge and Lauren Baer's pathbreaking study of administrative law's deference doctrines at the Supreme Court. Our research assistants and we followed the instructions below when coding judicial decisions. To address questions as they arose and to ensure consistent coding, we maintained close contact with each other and our research assistants throughout the project and clarified the Codebook to address additional issues. Further details concerning our methodology (and its limitations) …
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program,
2017
Fordham University School of Law
“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres
Fordham Law Review
The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …
State Engineer V. Eureka County, 133 Nev. Adv. Op. 71 (Sep. 27, 2017),
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
State Engineer V. Eureka County, 133 Nev. Adv. Op. 71 (Sep. 27, 2017), Michelle Harnik
Nevada Supreme Court Summaries
In an en banc appeal from a district court order, the Court affirmed the district court’s order granting the existing holders of water rights’ petition for judicial review and vacating a limited liability company’s permits to appropriate water as proper and in compliance with the Court’s prior mandate.
Center For Biological Diversity V. Jewell,
2017
Alexander Blewett III School of Law at the University of Montana
Center For Biological Diversity V. Jewell, Lowell J. Chandler
Public Land & Resources Law Review
The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. …
Pepperdine University School Of Law: Legal Summaries,
2017
Pepperdine University
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication In The United States,
2017
Pepperdine University
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings,
2017
Pepperdine University
Administrative Justice In The District Of Columbia: Recommendations To Improve Dc’S Office Of Administrative Hearings, Office Of The District Of Columbia Auditor
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Administrative Decisions Census: Demonstrating The Need For More Openness,
2017
Pepperdine University
State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence,
2017
Pepperdine University
How A Diverse Administrative Law Judge Field Fosters Longevity And Public Confidence, Judith A. Parker
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law: Historical Origins Of America’S Administrative Exceptionalism,
2017
UC Law SF
Administrative Law: Historical Origins Of America’S Administrative Exceptionalism, Reuel Schiller
The Judges' Book
No abstract provided.
Administrative Law: The Importance Of Regional Administration To Federalism,
2017
UC Law SF
Administrative Law: The Importance Of Regional Administration To Federalism, Dave Owen
The Judges' Book
No abstract provided.
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
Something New Under The Sun: The Drecp And Utility-Scale Solar On The New Energy Frontier, Brent Resh
Nevada Law Journal
No abstract provided.
The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia,
2017
Perm State University
The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia, Pavel Syosoevich Pastukhov, Svetlana Polyakova, Evelina Frolovich
Journal of Digital Forensics, Security and Law
The paper is aimed to analyze implementation of an integrated information system that provides forecasting, monitoring, prevention and elimination of possible threats, such as violation of information support of public authorities, businesses and municipal services and others as well as control of elimination of consequences of emergency situations and offenses with integration under its control action information and control duty subsystems, control, municipal services for their operational cooperation in the interests of of the municipality. In particular, it consideres how this unified system is applied in accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (USAIS) …
Central Bank Transparency In Indonesia: A Law And Economic Perspective,
2017
Tilburg University
Central Bank Transparency In Indonesia: A Law And Economic Perspective, Safari Kasiyanto
Indonesia Law Review
This paper studies the manner in which central bank transparency has been implemented in Indonesia, and the impact of transparency on the central bank’s performance in achieving its goals. First, a normative analysis is conducted to seek the regulatory framework for central bank transparency. Secondly, a performance analysis is carried out to observe the extent to which central bank transparency has been implemented in Indonesia, and the impact it brings on the central bank’s performance in conducting monetary policy. Finally, an international practice analysis is performed to set a benchmark based on the manner in which transparency has been implemented …
