Administrative Law Commons^™

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Michigan Law Review

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for …

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment of pregnant women …

Defenders Of Wildlife V. Zinke, Jacob R. Schwaller

Public Land & Resources Law Review

Wyoming was the final holdout of protections for wolves under the Endangered Species Act, and a recent decision by the United States Circuit for the District of Columbia has finally overturned those protections. After years of court battles, this decision marks the final adjudication removing federal protections, and places the management of the wolves in the Greater Yellowstone Area back in the hands of the states surrounding Yellowstone National Park. Complete deference to state regulatory systems may be a new trend in the adjudication of cases under the ESA, and this case could have significant impacts on future deference given …

Sec In-House Tribunals: A Call For Reform, Drew Thornley, Justin Blount

Villanova Law Review (1956 - )

No abstract provided.

Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett

Popular Media

Professor Kent Barnett argues that the oft-criticized formal rulemaking process has virtues in proper settings.

“Safe Harbor” On The Rocks: Ttb Label Approval For Beer, Wine, And Spirits, And The Uncertain Status Of The “Safe Harbor” Defense, Michael Mercurio

Notre Dame Journal of International & Comparative Law

This Note examines the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB)’s label review process and the judicial split regarding the “safe harbor” doctrine in the context of alcoholic beverage labels. This Note observes that the judicial split is a result of the tension between two conflicting priorities stemming from the TTB’s purpose and identity: on one hand, courts apply Chevron deference to the TTB as a federal agency enforcing federal law, but on the other hand, courts aim to uphold the central purpose of the Federal Alcohol Administration (FAA) Act—protecting consumers from misinformation. Ultimately, this Note, by examining …

Barriers To Participatory Erulemaking Platform Adoption: Lessons Learned From Regulationroom, Mary J. Newhart, Joshua D. Brooks

Cornell e-Rulemaking Initiative Publications

Rulemaking, the process through which United States (U.S.) federal government agencies develop major health, safety and economic regulations, was an early target of electronic government (e-government) efforts. Because it was an established decision-making process that had substantial formal requirements of transparency, public participation and responsiveness it seemed a perfect target for technology-supported participatory policymaking. It was believed that new technologies could transform rulemaking, increasing its democratic legitimacy and improving its policy outcomes by broadening the range of participating individuals and groups (Brandon and Carlitz, 2003; Coglianese, 2004; Noveck, 2004). Despite the promise of a more deliberative and democratic process, rulemaking …

Wetlands Jurisdictional Determinations Reviewable Under The Administrative Procedure Act In U.S. Army Corps Of Engineers V. Hawkes, Emily R. Paulus

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Comment: Prison For You. Profit For Me. Systemic Racism Effectively Bars Blacks From Participation In Newly-Legal Marijuana Industry, Elizabeth Danquah-Brobby

University of Baltimore Law Review

Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively equal. Further, individuals with lower economic means were dually susceptible to conviction as a result of less vigorous legal representation.

Now, laws have legalized marijuana for medicinal purposes in twenty-six states, along with a small portion of states (seven) legalizing marijuana for recreational use. Yet retroactive ameliorative relief is not widely available to those who were convicted under circumstances that are now legal, and …

Front Matter

Michigan Journal of Environmental & Administrative Law

No abstract provided.

Funding Options For End-Of-Life Stewardship Of Fiberglass Boats, Austyn Carolin

Sea Grant Law Fellow Publications

This study provides a foundation for consideration of end-of-life stewardship programs for fiberglass boats by reviewing U.S. state and territory fees and boat-specific taxes. It identifies fees used in each jurisdiction, what these fees are allocated for, how they are allocated, and how they ensure that boaters support the ecosystems they use so frequently. Additionally, this study discusses states that address the issue of derelict vessels and how they have allotted state funds to manage the growing issue of derelict vessels in our waterways.

Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch

University of Richmond Law Review

No abstract provided.

Bureaucracy As The Border: Administrative Law And The Citizen Family, Kristin Collins

Faculty Scholarship

This contribution to the symposium on administrative law and practices of inclusion and exclusion examines the complex role of administrators in the development of family-based citizenship and immigration laws. Official decisions regarding the entry of noncitizens into the United States are often characterized as occurring outside of the normal constitutional and administrative rules that regulate government action. There is some truth to that description. But the historical sources examined in this Article demonstrate that in at least one important respect, citizenship and immigration have long been similar to other fields of law that are primarily implemented by agencies: officials operating …

Paying Too Dearly For A Whistle: Properly Protecting Internal Whistleblowers, Leonardo Labriola

Fordham Law Review

In light of substantial disagreement among the circuits on which types of whistleblowers Dodd-Frank intends to protect, and newly proposed legislation which suggests a solution, this Note inspects Dodd-Frank’s whistleblower protections in an effort to better explain which types of Business Organizations whistleblowers should and should not be protected. This Note briefly outlines the United States’s repeated history of increased regulation following financial crises, culminating in the Sarbanes-Oxley and Dodd-Frank Acts. It then describes the goals that motivated these acts and how whistleblowers play an outsized role in accomplishing those goals. It also examines the critical statute for Business Organizations …

Appeal No. 0928: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-46 & 2016-16 (Unitzation Order & Revocation Order; Huffman Trust South Unit; Chsepeake Exploration, LLC)

Appeal No. 0862: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-46 & 2016-16 (Unitzation Order & Revocation Order; Huffman Trust South Unit; Chsepeake Exploration, LLC)

Remedial Restraint In Administrative Law, Nicholas Bagley

Articles

When a court determines that an agency action violates the Administrative Procedure Act, the conventional remedy is to invalidate the action and remand to the agency. Only rarely do the courts entertain the possibility of holding agency errors harmless. The courts’ strict approach to error holds some appeal: Better a hard rule that encourages procedural fastidiousness than a remedial standard that might tempt agencies to cut corners. But the benefits of this rule-bound approach are more elusive, and the costs much larger, than is commonly assumed. Across a wide range of cases, the reflexive invalidation of agency action appears wildly …

Interauthority Relationships, Michael S. Green

Popular Media

No abstract provided.

Catskill Mountains Chapter Of Trout Unlimited, Inc. V. United States Environmental Protection Agency, Benjamin W. Almy

Public Land & Resources Law Review

Trout Unlimited’s effort to overturn the EPA’s Water Transfers Rule was stifled by the Second Circuit. The court’s comprehensive Chevron analysis determined that while the NPDES Water Transfers Rule may be at odds with the Clean Water Act’s mission, it was based on a reasonable interpretation of the statute’s ambiguous language, and therefore it did not violate the Administrative Procedures Act.

Food Date Labels And Hunger In America, Gwen B. Thomson

Concordia Law Review

Millions of Americans go hungry, while 40% of the food in the United States is wasted. Research has shown that 43% of the waste occurs in homes and that consumers are making decisions about purchasing and throwing away food without understanding the meaning of the food date labels. One of the most cost-effective ways to begin to effect a change is to eliminate the myriad of confusing food date labels so that individuals do not throw away good food. In May 2016, the Food Date Labeling Act of 2016 was proposed in both houses of Congress. This bicameral bill was …