Oversight Of Oversight: A Proposal For More Effective Foia Reform,
2017
The Catholic University of America, Columbus School of Law
Oversight Of Oversight: A Proposal For More Effective Foia Reform, Aram A. Gavoor, Daniel Miktus
Catholic University Law Review
One of the main mechanisms by which the public can gather information about government activity is through the Freedom of Information Act (FOIA). This Article suggests that FOIA contains inconsistencies that lead to a less transparent government. Gaps and ambiguities in its language that invite and require federal agency interpretation, are at odds with FOIA’s de novo standard of review. This Article suggests that FOIA’s public policy goals would be better served if Congress takes decisive action to clarify FOIA’s language and fill in such ambiguities and gaps.
#Betterrules: The Appropriate Use Of Social Media In Rulemaking,
2017
Mercer University Law School
#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
Florida State University Law Review
No abstract provided.
Don't Let The Facts Get In The Way Of The Truth: Revisiting How Buckhannon And Alyeska Pipeline Messed Up The American Rule,
2017
Indiana University - Bloomington
Don't Let The Facts Get In The Way Of The Truth: Revisiting How Buckhannon And Alyeska Pipeline Messed Up The American Rule, Landyn Wm. Rookard
Indiana Law Journal
No abstract provided.
Pharmaceutical Federalism,
2017
Georgia State University College of Law
Pharmaceutical Federalism, Patricia J. Zettler
Faculty Publications By Year
There is growing interest in states regulating pharmaceuticals in ways that challenge the U.S. Food and Drug Administration’s (FDA) federal oversight. For example, in 2013 Maine enacted a law to permit the importation of unapproved drugs, reflecting concerns that federal requirements are too restrictive, while in 2014 Massachusetts banned an FDA-approved painkiller, reflecting concerns that federal requirements are too lax. This Article provides an account of this recent state interest in regulating drugs and considers its consequences. It argues that these state regulatory efforts, and the nascent litigation about them, demonstrate that the preemptive reach of the FDA’s authority extends …
National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association,
2017
Indiana University Maurer School of Law
National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born
Indiana Law Journal
No abstract provided.
Pengisian Jabatan Anggota Badan Pemeriksa Keuangan (Bpk) Untuk Mewujudkan Bpk Yang Independen,
2017
Badan Pemeriksa Keuangan Republik Indonesia
Pengisian Jabatan Anggota Badan Pemeriksa Keuangan (Bpk) Untuk Mewujudkan Bpk Yang Independen, Dumaria Simanjuntak
Jurnal Hukum & Pembangunan
BPK as the only external audit institution that is equal to other state institutions whose responsibility to audit the state finance's management and accountability should be far apart from political parties' interests. However nowadays some of the chief-persons of BPK are involved in political parties' interests morever become suspects in some corruption cases. To establish BPK as independent and professional institution, chief-person position charging must be free from political parties' interests. This essay exposes the development of regulation of BPK chief-person position charging as main topic analysis. The conclusion of the research is there was advance development in regulation related …
The Unmasking Of Balancing And Proportionality Review In U.S. Constitutional Law,
2017
Drake University Law School
The Unmasking Of Balancing And Proportionality Review In U.S. Constitutional Law, Mark S. Kende
Cardozo Journal of International and Comparative Law
The article challenges the perception that U.S. constitutional law is overly formalistic, arguing that it often employs pragmatic approaches such as balancing and proportionality review, similar to those used in other countries. The author contends that unmasking these flexible methodologies would make U.S. constitutional law more coherent and enhance the Supreme Court's legitimacy. The analysis highlights how the Court implicitly or explicitly uses balancing in various areas, such as the Dormant Commerce Clause, abortion rights, and the Fourth Amendment, and advocates for a more open and structured proportionality framework.
Case Law On American Indians: August 2015—August 2016,
2017
Morisset, Schlosser, Jozwiak & Somerville
Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Consideration For Unols Treatment Of Orvs As Public Vessels,
2017
Rhode Island Sea Grant Law Fellow
Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann
Sea Grant Law Fellow Publications
This document reviews the legal standards providing differential treatment of “public vessel” under federal regulations, including regulatory definitions of that term. In addition, it reviews language in key international legal instruments that provide similar special treatment for selected vessels owned by governments. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses the application of these and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The authorities presented here are separated by issuing agency (for regulatory citations). International …
The Authority Of The Financial Services Authority (Ojk) In Publishing Insurance Regulation In The Perspective Of Insurance Law In Indonesia,
2017
Faculty of Law Universitas Andalas, Padang
The Authority Of The Financial Services Authority (Ojk) In Publishing Insurance Regulation In The Perspective Of Insurance Law In Indonesia, Wetria Fauzi
Jurnal Hukum & Pembangunan
Legal basis of the formation of the Financial Services Authority (OJK) is based on the Article 34 of the Law No. 3 of 2004 on Bank Indonesia. The legislation process was then approved and endorsed the Law No. 21 of 2011 on the Financial Services Authority (OJK). Article 6 of the law gives the OJK authority to supervise both for bank and non-bank financial institution, including insurance agencies. Article 5 of the Insurance Law, OJK is given a mandate to make a regulation to expand the scope of the insurance business activities in accordance with the needs of the society. …
Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan,
2017
Faculty of Law Universitas Indonesia
Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati
Jurnal Hukum & Pembangunan
This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the …
Comm’N On Ethics Of Nev. V. Hansen, 133 Nev. Adv. Op. 39 (Jun. 29, 2017),
2017
Nevada Law Journal
Comm’N On Ethics Of Nev. V. Hansen, 133 Nev. Adv. Op. 39 (Jun. 29, 2017), Wesley Lemay Jr.
Nevada Supreme Court Summaries
An attorney for a public body, such as the Nevada Commission on Ethics, must obtain authorization from the client in a public meeting before filing an appeal of a district court decision. Failure to obtain authorization results in a defective, invalid notice of appeal.
Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017),
2017
Nevada Law Journal
Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh
Nevada Supreme Court Summaries
The term “satisfactory”, as used in county code providing for liquor licensing, was not unconstitutionally vague where the provision was not related to any civil or criminal penalty. Additionally, Respondents did not violate Appellant’s due process rights by denying his application for a liquor license because Appellant had no cognizable property interest in or entitlement to the license. Finally, Appellant’s equal protection rights were not violated because Respondents had a rational basis for denying Appellant’s application.
Appeal No. 0935: B&N, Inc. V. Division Of Oil & Gas Resources Management,
2017
Case Western Reserve University School of Law
Appeal No. 0935: B&N, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2016-346; (Weddle Wiley #1 Well)
Appeal No. 0912: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation,
2017
Case Western Reserve University School of Law
Appeal No. 0912: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)
Yazzie V. Epa,
2017
Alexander Blewett III School of Law at the University of Montana
Yazzie V. Epa, Caitlin Buzzas
Public Land & Resources Law Review
No abstract provided.
Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz,
2017
Abbott & Kindermann, Inc.
Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen
Pace Environmental Law Review
This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation Co. v. …
Comment Data From Ceri, 4-3-2017,
2017
Cornell University Law School
Comment Data From Ceri, 4-3-2017, Cornell Erulemaking Initiative
Cornell e-Rulemaking Initiative Publications
This file contains comment data from ten live policy discussions held on RegulationRoom.org and SmartParticipation.com from May 2010 to November 2016. A cross-disciplinary group of Cornell researchers, the Cornell eRulemaking Initiative (CeRI), created the experimental platforms for public participation in policymaking processes. CeRI used selected live federal agency rulemakings and other policy discussions to discover how the design and process of online engagement can support public discussion that is informed, inclusive and insightful.
Tokyo High Court, Judgment For Jasrac Case (2013) (Japan),
2017
University of Washington School of Law
Tokyo High Court, Judgment For Jasrac Case (2013) (Japan), Chengyu Shi
Washington International Law Journal
The Tokyo High Court, Judgment of November 1, 2013 made a unique judgment in regard to standing to sue for a party who is not a direct addressee. Under the Japanese Administrative Case Litigation Act Article 9, Section 1, only “a person with legal interest” can bring an administrative lawsuit. The definition of “a person with legal interest” for revocation of a public order is an individual whose legal rights or interests are protected by law and are being infringed or threatened with unavoidable infringement. In addition to this definition, the Court considered not only the text of the law, …
Making Treaty Implementation More Like Statutory Implementation,
2017
University of Pennsylvania Law School
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Michigan Law Review
Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …
