Administrative Law Commons^™

Appeal No. 0916: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2016-55, 2016-67 through 2016-75

Appeal No. 0919: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2016-55, 2016-67 through 2016-75

Appeal No. 0918: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2016-55, 2016-67 through 2016-75

Appeal No. 0921: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2016-55, 2016-67 through 2016-75

Rent-Seeking And Inter Partes Review: An Analysis Of Invalidity Assertion Entities In Patent Law, W. Michael Schuster

Michigan Telecommunications & Technology Law Review

This Essay is the first analysis of a recent entrant on the patent landscape: the Invalidity Assertion Entity (IAE). IAEs engage in rent-seeking by demanding payment from patent holders in exchange for not attempting to invalidate their patents through administrative action before the U.S. Patent and Trademark Office. The response to IAEs has been uniformly negative. Reflexive proposals have been raised in Congress (unsurprisingly) to terminate the IAE business model. In contrast to the common response to IAEs, this Essay discusses how profit-driven IAEs may generate socially beneficial externalities and why legislating to end the IAE business model is imprudent.

Appeal No. 0910: Keith J. Kerns, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-348; Chesapeake Exploration, LLC; Our Land Co South Unit

The Proposed Separation Of Powers Restoration Act Goes Too Far, Jack M. Beermann

Shorter Faculty Works

If passed, the Separation of Powers Restoration Act would require federal courts conducting judicial review of agency action to decide “de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules.” Although I have long been highly critical of Chevron, see, e.g., Jack M. Beermann, End the Failed Chevron Experiment Now: How Chevron Has Failed and Why It Can and Should be Overruled, 42 Conn. L. Rev. 9 (2010), and also have misgivings about Auer deference, I fear that the proposed Act goes too far in completely eliminating deference to agency legal determinations.

(Not So) Desperate Times Call For (Not So) Desperate Measures: The First Use Of Remand Without Vacatur In The Eleventh Circuit, Rebekah L. Hogg

Mercer Law Review

In Black Warrior Riverkeeper, Inc. v. United States Army Corps of Engineers, as a matter of first impression for the United States Court of Appeals for the Eleventh Circuit, the court of appeals issued "remand without vacatur." In civil cases, remand without vacatur applies solely to suits questioning the validity of federal administrative regulations, and courts use this remedy sparingly. Just five circuit courts have applied remand without vacatur, and only the United States Court of Appeals for the District of Columbia has employed the remedy with any frequency. Black Warrior Riverkeeper involved two environmental groups alleging the Army …

Taking Charge 2016: A Study Of The Strategic Budgeting Priorities Of The Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Addison Fairchild

Lisa PytlikZillig Publications

This report presents the results of the 2016 Taking Charge initiative sponsored by the City of Lincoln. This initiative included an online survey and a half-day, face-to-face, Community Conversation. Most previous Taking Charge activities have focused more narrowly on the immediate concerns of an impending budget proposal (e.g. which specific programs should be funded or discontinued to maintain a balanced budget). This year’s efforts also focused on specific items relevant to the City’s future budget policy priorities. As usual, residents were also given the opportunity to rate the City’s performance and City officials on a variety of performance characteristics.

A …

Reconceiving The Internal And Social Enforcement Effects Of Expressive Regulation, Alex Geisinger

William & Mary Law Review Online

As political resistance to traditional forms of regulation has increased, regulators have turned to the social and behavioral sciences to identify new and better regulatory tools. One of these new tools is expressive regulation. Expressive regulation harnesses the internal and social enforcement mechanisms of community norms as a means of changing individual behavior. Expressive regulation holds significant promise for influencing many different types of behaviors, and its low administrative and enforcement costs are particularly appealing in the current political climate. However, the use of expressive regulation is hampered by a well-entrenched belief in legal scholarship that social enforcement of norms …

Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler

Georgia Journal of International & Comparative Law

No abstract provided.

Appeal No. 0889: American Water Management Service, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-372 & 2014-374 (AWMS #2 Well)

Appeal No. 0890: American Water Management Service, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-372 & 2014-374 (AWMS #2 Well)

Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Alj Central Panels: How Is It Going Out There?, W. Michael Gillette

Journal of the National Association of Administrative Law Judiciary

For over 40 years, administrative law mavens have touted the desirability of “central panels,” i.e., panels of administrative law judges who, instead of being attached to a single administrative agency, are assigned to a “central,” “independent” panel that supplies administrative law judges to conduct contested case hearings for a variety of agencies. More than half the states have listened to the siren call and have created such panels — the earliest (California’s) as far back as 1946. As one who at first opposed, but later supported the creation of such a panel in his home state, Oregon, the author now …

Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson

Journal of the National Association of Administrative Law Judiciary

Part I contains the analysis of existing law. We review the statutes and regulations governing ex parte communications before the CPUC, examine corresponding laws of other jurisdictions, and compare the CPUC statutes and regulations with those of the other jurisdictions. In Part II we examine actual ex parte practices before the CPUC. Based on data obtained from notices filed on the Commission’s website by parties to rate-setting cases, we provide a quantitative characterization of the extent and nature of noticed ex parte communications over the past roughly 22 years. We then place ex parte communications within the context of the …

Save The Social Security Disability Trust Fund! And Reduce Ssi Exposure To The General Fund, Daniel F. Solomon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

De-Scribing Administrative Law Case Data: From Sparklines To Dashboards To Analytics, Steven Placek

Journal of the National Association of Administrative Law Judiciary

In this article, I present some examples of opportunities for agencies to depart from the inscribed method. These examples of display “de-scribe” administrative law data, making the data more visually active, multi-variate—with additional context and greater density. In Part II of this article, I review examples of the current state of data display for administrative law agencies and show how the inscribed method limits complex displays of data. In Part III, I introduce the concept of the sparkline, which is the fundamental unit of visual data display in the big data era that appears in organizational dashboards and analytics deployments. …

To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson

Journal of the National Association of Administrative Law Judiciary

In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …

Adjudicasaurus Rex, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

This article proposes a simple theme. While many issues plague the Social Security Disability Insurance and Supplemental Security Income programs, only reform of the hearings and appeals process can solve the decades-long (and growing) hearings backlog. Only then, can the remaining questions regarding the solvency of the DI trust fund be meaningfully addressed. As it now stands, the ongoing backlog of pending hearings and appeals feeds the twin plagues of rising costs and increasing delay. These are the very issues that drove the federal courts in the passage of the Civil Justice Reform Act of 1990 (CJRA). This article provides …