Administrative Law Commons^™

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.

Slides: Six Decades Of Texas Water Planning, Ronald Kaiser

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Ronald Kaiser, Professor of Water Law and Policy, Chair of Graduate Water Degree Program, Texas A&M University

32 slides

Slides: Urban Water Reliability And The Salton Sea: Can We Have Both?, Michael Cohen

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Michael Cohen, Senior Research Associate, Pacific Institute

29 slides

Slides: Moffat Collection System Project, Travis Bray

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water

45 slides

Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton

Georgia Journal of International & Comparative Law

No abstract provided.

Instrument Choice, Carbon Emissions, And Information, Michael Wara

Michigan Journal of Environmental & Administrative Law

This Article examines the consequences of a previously unrecognized difference between pollutant cap-and-trade schemes and pollution taxes. Implementation of cap-and-trade relies on a forecast of future emissions, while implementation of a pollution tax does not. Realistic policy designs using either regulatory instrument almost always involve a phase-in over time to avoid economic disruption. Cap-and-trade accomplishes this phase-in via a limit on emissions that falls gradually below the forecast of future pollutant emissions. Emissions taxation accomplishes the same via a gradually increasing levy on pollution. Because of the administrative complexity of establishing an emissions trading market, cap-and-trade programs typically require between …

Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich

Michigan Journal of Environmental & Administrative Law

The practice of law is not a game. Administrative law in particular can implicate important issues that impact people’s health, safety, and welfare and change business’ profitability or even viability. Nonetheless, it can seem like a game. This is because courts rarely explain administrative law rulings in terms of the public purposes and policies at issue in lawsuits. Instead, the courts’ administrative law opinions tend to turn on arcane interpretive doctrines with silly names, such as the “Chevron two-step” or “Chevron step zero.” To advance doctrinal arguments, advocates and courts engage in linguistic debates that resemble a smokescreen—tending to obscure …

Unpacking Eme Homer: Cost, Proportionality, And Emissions Reductions, Daniel A. Farber

Michigan Journal of Environmental & Administrative Law

Interstate air pollution can prevent even the most diligent downwind state from attaining the air quality levels required by federal law. Allocating responsibility for emissions cuts when multiple upwind states contribute to downwind air quality violations presents a particularly difficult problem. Justice Ginsburg’s opinion for the Court in EPA v. EME Homer City Generator, L.P., gives EPA broad discretion to craft regulatory solutions for this problem. Although the specific statutory provision at issue was deceptively simple, the underlying problem was especially complex because of the large number of states involved. Indeed, neither the majority opinion nor the dissent seems to …

Pepperdine University School Of Law Legal Summaries, Nicole Banister

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Regulation Of Internet Gambling In The United States: It's Time For The Federal Government To Deal The Cards, Benjamin Miller

Journal of the National Association of Administrative Law Judiciary

This comment will provide an overview of the history of gambling laws and regulations in the United States to establish a framework for the analysis of regulation of Internet gambling. Next, this comment will discuss the current state of the law regarding Internet gambling in the United States and the effects of recent legal developments in the industry. This comment will expound on state action in the realm of Internet gambling, including proposed legislation, the expansion of state gambling commissions, and successfully enacted legislation. Finally, this comment will analyze the implications of state actions and how they relate and contribute …

Sacrificing Privacy For Convenience: The Need For Stricter Ftc Regulations In An Age Of Smartphone Surveillance, Ashton Mckinnon

Journal of the National Association of Administrative Law Judiciary

This comment aims to focus on the most frequently used connector that consumers treasure not only for convenience but also as a lifelong necessity - the smartphone. The FTC needs to enforce federally mandated guidelines that will allow the consumer to use technology without the technology using the consumer. Part II of this comment focuses on the type of information that can be collected by various companies, service providers, and agencies from an individual's smartphone, and the intentions of these collectors behind use of this information. Part III evaluates how applications (apps) contribute to this scheme, and, specifically, apps' recordkeeping …

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly Of The Commonwealth Of Pennsylvania

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Navigating The Doj Fcpa Opinion Procedure: Certainty For Businesses Facing Increased, Indeterminate Anti-Bribery Enforcement, Fahad A. Juneja

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA) provides states with the option of having one or two tiers of administrative adjudication prior to the judicial level of dispute resolution. Although the numbers of states that have only a hearing officer level and those that additionally have a second tier, i.e., review officer level, have fluctuated, the net direction and overall balance has been clearly in favor of a one-tier system. Although originally established as a relatively informal and expedited means of adjudication in comparison to the courts, these administrative levels have become increasingly legalized. Given the costs of legal representation …

The Export Administration Act's Technical Data Regulations: Do They Violate The First Amendment?, Kenneth Kalivoda

Georgia Journal of International & Comparative Law

No abstract provided.

Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli

Indiana Journal of Law and Social Equality

This Note examines the relationship between the rural poor and the negative externalities of hydraulic fracturing (“fracking”). It asserts that the rural poor are disproportionately burdened with fracking’s negative externalities and that comprehensive, national regulation is needed because current legal methods are insufficient to internalize these costs. The argument is made in four parts: describing fracking’s externalities; assessing their impact on the rural poor; analyzing current legal regimes; and proposing an equitable regulatory framework based on cooperative federalism.

Fracking produces three main categories of negative externalities: water, air, and land contamination. Water contamination can be caused by migration of fracking …

Al-Qi'an V. State, Elyakim Rubinstein, Neal Hendel, Daphne Barak-Erez

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

An Application for Permission to Appeal, which was adjudicated as an appeal, on a decision to grant the Respondent's motions to evict the Applicants from the land it owns in the northern Negev. Background: The Applicants belong to a Bedouin tribe that has been residing in the area in dispute for approximately 60 years. In the framework of the proceedings in the lower instances, …

How Would The Supreme Court Rule On Loving And Ridgely?, Steve R. Johnson

Scholarly Publications

On March 3 the Supreme Court unanimously decided Direct Marketing Association v. Brohl, a case arising under the Tax Injunction Act {TIA). The focus of this article is not on Brohl on its own terms but on the implications of Brohl· for the Loving line of cases and for future cases that may arise out of Loving. I believe Brohl reveals that the Supreme Court would likely uphold the approach taken in Loving were a case of this kind to reach the Court. For that reason, the government was wise not to seek Supreme Court review of Loving. Unless it …

Front Matter

Michigan Journal of Environmental & Administrative Law

No abstract provided.