Summary Of State, Dep’T Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66,
2011
Nevada Law Journal
Summary Of State, Dep’T Of Taxation V. Masco Builder, 127 Nev. Adv. Op. 66, Rami Hernandez
Nevada Supreme Court Summaries
An appeal from a district court order granting a petition for judicial review in a tax matter.
Summary Of City Of North Las Vegas V. Warburton, 127 Nev. Adv. Op. No. 62,
2011
Nevada Law Journal
Summary Of City Of North Las Vegas V. Warburton, 127 Nev. Adv. Op. No. 62, Daniella Labounty
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order granting a petition for judicial review in a workers’ compensation action.
Clear The Air: Lopsided Journalism In Public Policy Debates,
2011
Boston College Law School
Clear The Air: Lopsided Journalism In Public Policy Debates, Zygmunt J.B. Plater
Zygmunt J.B. Plater
A point-counterpoint to Professor Plater's article, "Law and the Fourth Estate: Endangered Nature, the Press, and the Dicey Game of Democratic Governance, Environmental Law, 32 (2002): 1-36.
Environmental Law As A Mirror Of The Future: Civic Values Confronting Market Force Dynamics In A Time Of Counter-Revolution,
2011
Selected Works
Environmental Law As A Mirror Of The Future: Civic Values Confronting Market Force Dynamics In A Time Of Counter-Revolution, Zygmunt J.B Plater
Zygmunt J.B. Plater
No abstract provided.
From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law,
2011
Selected Works
From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater
Zygmunt J.B. Plater
No abstract provided.
The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy.,
2011
Boston College Law School
The Snail Darter, The Tellico Dam, And Sustainable Democracy — Lessons For The Next President From A Classic Environmental Law Controversy., Zygmunt J.B. Plater
Zygmunt J.B. Plater
This presentation was the product of an invitation to speak at a symposium for students and faculty from a variety of different non-law departments at the University of Tennessee, where in 1973 I had started what became a six-year legal campaign to divert the Tennessee Valley Authority from impounding the last flowing 33 miles of the Little Tennessee River behind TVA’s Tellico Dam.
Through The Looking Glass Of Eminent Domain: Exploring The “Arbitrary And Capricious” Test And Substantive Rationality Review Of Governmental Decisions,
2011
Selected Works
Through The Looking Glass Of Eminent Domain: Exploring The “Arbitrary And Capricious” Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater, William Lund Norine
Zygmunt J.B. Plater
No abstract provided.
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act,
2011
Stone Pigman Walther Wittman L.L.C.
Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall
Buffalo Environmental Law Journal
For more than 20 years after the 1974 enactment of the Safe Drinking Water Act ("SD WA ), the US. Environmental Protection Agency interpreted the SDWA as not applying to hydraulic fracturing. The United States Eleventh Circuit ruled in 1997 that the SDWTA applied to fracturing, but the EPA chose not to consent to that interpretation outside the Eleventh Circuit. Further the EPA continued to take the position that its existing SDWTA regulations did not apply to hydraulic fracturing, and it never promulgated new regulations to cover fracturing. In 2005, the Congress passed legislation that generally is read as applying …
Acting Like An Administrative Agency: The Federal Circuit En Banc,
2011
University of Akron School of Law
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca
Akron Law Faculty Publications
When Congress created the Federal Circuit in 1982, it thought it was creating a court of appeals. Little did it know that it was also creating a quasi-administrative agency that would engage in substantive rulemaking and set policy in a manner substantially similar to administrative agencies. In this Article, I examine the Federal Circuit's practices when it orders a case to be heard en banc and illustrate how these practices cause the Federal Circuit to look very much like an administrative agency engaging in substantive rulemaking. The number and breadth of questions the Federal Circuit agrees to hear en banc …
Límites De La Actividad Probatoria En El Procedimiento Administrativo Sancionador En Las Contrataciones Del Estado,
2011
Universidad Nacional Mayor de San Marcos
Límites De La Actividad Probatoria En El Procedimiento Administrativo Sancionador En Las Contrataciones Del Estado, Jancarlos Jair Vega Lugo
Jancarlos Jair Vega Lugo
No abstract provided.
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan,
2011
Auckland University
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Bernard Sama
The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …
Acting Like An Administrative Agency: The Federal Circuit En Banc,
2011
University of Akron School of Law
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan G. Vacca
Ryan G. Vacca
When Congress created the Federal Circuit in 1982, it thought it was creating a court of appeals. Little did it know that it was also creating a quasi-administrative agency that would engage in substantive rulemaking and set policy in a manner substantially similar to administrative agencies. In this Article, I examine the Federal Circuit's practices when it orders a case to be heard en banc and illustrate how these practices cause the Federal Circuit to look very much like an administrative agency engaging in substantive rulemaking. The number and breadth of questions the Federal Circuit agrees to hear en banc …
Cohen: Hard Case Makes (Semi) Bad Law,
2011
Florida State University College of Law
Cohen: Hard Case Makes (Semi) Bad Law, Steve R. Johnson
Scholarly Publications
The first Justice Harlan famously cautioned that hard cases can lead to bad law. United States v. Clark, 96 U.S. 37, 49 (1878) (dissenting opinion). This aphorism captures the reality that, when confronted with litigating equities strongly favoring one party, judges tend to massage doctrine to support judgment for that party.
When Delegation Begets Domination: Due Process Of Administrative Lawmaking,
2011
William & Mary Law School
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
Faculty Publications
No abstract provided.
Derivatives: A Twenty-First Century Understanding,
2011
University of Missouri - Kansas City, School of Law
Derivatives: A Twenty-First Century Understanding, Timothy E. Lynch
Faculty Works
Derivatives are commonly defined as some variation of the following: a financial instrument whose value is derived from the performance of a secondary source such as an underlying bond, commodity or index. But this definition is both over-inclusive and under-inclusive. Thus, not surprisingly, derivatives are largely misunderstood, including by many policy makers, regulators and legal analysts. It is important for interested parties such as policy makers to understand derivatives, because the types and uses of derivatives have exploded in the last few decades, and because these financial instruments can provide both social benefits and cause social harms. This Article presents …
Implied Certification Under The False Claims Act,
2011
Georgetown University Law Center
Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt
Georgetown Law Faculty Publications and Other Works
The False Claims Act prohibits fraud by government contractors, including a contractor's false certification of compliance with the contract, statutes or regulations. In the early 1990s, some courts began holding that the act of requesting payment from the government implicitly represents such compliance for the purposes the FCA. Circuits are today split on the implied certification doctrine. This Article provides a theory of implied certification, suggests how the circuit split should be resolved and describes how contracting agencies should write contracts in light of the existing rule. There are good reasons for the implied certification rule: it is an information-forcing …
Reconciling Chevron, Mead, And The Review Of Agency Discretion: Source Of Law And The Standards Of Judicial Review,
2011
University of Kentucky College of Law
Reconciling Chevron, Mead, And The Review Of Agency Discretion: Source Of Law And The Standards Of Judicial Review, Michael P. Healy
Law Faculty Scholarly Articles
Although the Supreme Court's watershed decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. has been understood by many as defining the framework for judicial review of agency legal determinations, there have been longstanding questions about the application of the standards for reviewing administrative action. These questions have become more troublesome following the Supreme Court's 2001 decision in United States v. Mead Corp. Mead established that Chevron review only applies when defined requirements are met and held that so-called Skidmore deference applies when Chevron deference does not apply. Surveying the aftermath of Mead and its effect on the …
La Resolución Contractual En La Ley De Contrataciones Del Estado: Causales Y Procedimientos,
2011
Pontificia Universidad Católica del Perú
La Resolución Contractual En La Ley De Contrataciones Del Estado: Causales Y Procedimientos, Jonnathan Bravo, Rodolfo Miranda
Jonnathan Bravo Venegas
No abstract provided.
¿Es La Separación De Funciones Un Estándar Justiciable Para El Régimen De Sanciones Administrativas?,
2011
Universidad del Desarrllo
¿Es La Separación De Funciones Un Estándar Justiciable Para El Régimen De Sanciones Administrativas?, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco García
Sergio Verdugo R.
Los autores comentan la sentencia del Tribunal Constitucional chileno, que declara la inaplicabilidad de un precepto del Código Sanitario que le permite al Director del Instituto de Salud Pública solicitar al intendente respectivo la privación de libertad de infractores que no hayan pagado multas cursadas con anterioridad, frente a lo cual no existe un posible control judicial que impida la aplicación efectiva de la medida cárcel. Los autores argumentan que el caso es, en realidad, acerca de la separación de funciones, y que el fallo persigue un equilibrio entre el respeto a los derechos de los regulados y el adecuado …
Summary Of City Of North Las Vegas V. State, Emrb, 127 Nev. Adv. Op. No. 57,
2011
Nevada Law Journal
Summary Of City Of North Las Vegas V. State, Emrb, 127 Nev. Adv. Op. No. 57, Colin Seale
Nevada Supreme Court Summaries
An appeal of an order denying a petition for judicial review in a local government employment matter.
