Administrative Law Commons^™

Sprint Communications, Inc. V. Jacobs: Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Christina B. Whitman

Appellate Briefs

Amici curiae are professors who teach and write on issues concerning federal courts. Amici have a professional interest in ensuring that the various judicial abstention doctrines are applied in a coherent and fair manner, consistent with the principles and interests underlying those doctrines.

The Court of Appeals held that Younger abstention, see Younger v. Harris, 401 U.S. 37 (1971), precludes federal courts from resolving a federal preemption challenge to final and non-coercive action by a state administrative agency. That marks an extraordinary and unjustified departure from this Court's precedents.

Because the Court of Appeals erred in holding that Younger …

Doe V. Supreme Sharia Court Of Appeals, Edna Arbel, Miriam Naor, Noam Sohlberg

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.]

A petition against the decision of the Sharia Court of Appeals that it is not possible to appoint a female arbitrator under Section 130 of the Ottoman Family Law for divorce proceedings conducted before the court. According to the Sharia court, Section 130 of the Ottoman Family Law is based on the Maliki interpretation. Since the Malikis require that the arbitrators be men, women …

Bremer V. Tel Aviv-Jaffa Municipality, Miriam Naor, Asher Grunis, Elyakim Rubinstein

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 appeal against the judgment of the Tel Aviv Administrative Court, in which the Court rejected a petition by the Appellants, owners of grocery stores in Tel Aviv, to order the Tel Aviv Municipality to close the businesses operated by Respondents 2-6 (the A.M.P.M and Tiv Taam supermarket chains, hereinafter: the “Respondents”), which are open on the Sabbath, in violation of Section 2 of …

Appeal No. 0847: D & L Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-03

Appeal No. 0849: Hardrock Excavation, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-02 and 2013-07

Appeal No. 0848: Hardrock Excavation, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-02 and 2013-07

Cityland – Vol. 10, No. 5, Center For New York City Law

CityLand - 2013

This issue of CityLand covers major land use and preservation developments in New York City as of June 2013. The City Council reviewed legislation to streamline sidewalk café licensing and expand operating hours, sparking debate over community board review timelines. The Landmarks Preservation Commission approved a revised six-story residential building at 42 Crosby Street and authorized emergency facade demolition at 321–323 Canal Street due to structural instability. Tammany Hall at 100 East 17th Street entered the landmarking process, and the Marine Midland Bank building at 140 Broadway received strong support for designation. A guest commentary from Time’s Up highlighted the …

Problems For Pale Male: An Analysis Of The U.S. Fish And Wildlife Service’S Nest Destruction Policy, Brent Plater, Nicole Lopez-Hagan, Laura Horton

Pace Environmental Law Review

During the 2004 holiday season, Pale Male, New York City’s celebrated and world-renowned red-tailed hawk, had his nest deliberately destroyed. The nest was approximately 400-pounds and was built over several years. Almost immediately, this act of destruction was met with popular uproar among his many fans throughout the world. This tragic story could easily have been avoided if the United States Fish and Wildlife Service (Service) had correctly carried out its duties under the Migratory Bird Treaty Act (MBTA). What happened to Pale Male years ago is still a possibility today because the Service’s policy remains the same. This article …

Adalah – The Legal Center For Arab Minority Rights In Israel V. Ministry Of Social Affairs, Edna Arbel, Daphne Barak-Erez, Esther Hayut

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.]

We are concerned with petitions for the revocation of Section 61(2)(d) of the Arrangements Law (Legislative Amendments for Implementation of the Economic Plan for 2009 and 2010), 5769-2009, as it is unconstitutional, which included Amendment no. 113 to the National Insurance Law [Consolidated Version], 5755-1995 (hereinafter: the “Amendment to the Law”) that ordered, inter alia, the reduction of the child allowances paid for …

Balancing Inclusion And “Enlightened Understanding” In Designing Online Civic Participation Systems: Experiences From Regulation Room, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Jackeline Solivan

Cornell e-Rulemaking Initiative Publications

New forms of online citizen participation in government decision making have been fostered in the United States (U.S.) under the Obama Administration. Use of Web information technologies have been encouraged in an effort to create more back-and-forth communication between citizens and their government. These “Civic Participation 2.0” attempts to open the government up to broader public participation are based on three pillars of open government—transparency, participation, and collaboration. Thus far, the Administration has modeled Civic Participation 2.0 almost exclusively on the Web 2.0 ethos, in which users are enabled to shape the discussion and encouraged to assess the value of …

Changed Circumstances: The Federal Rules Of Civil Procedure And The Future Of Institutional Reform Litigation After Horne V. Flores, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Power To The People: Why We Need Full Federal Preemption Of Electrical Transmission Regulation, Max Hensley

University of Michigan Journal of Law Reform

State and federal governments have made significant investments in the development and installation of renewable energy technology. However, further increases in renewable power use have been stymied by the continued mismatch between the national interest in connecting consumers with utility-scale wind and solar installations and state and local control over the siting of electrical transmission lines. Because renewable power potential is often located far from consumers, transmission lines must cross multiple jurisdictions whose local interests have tended to prevent or significantly delay development. This Note analyzes that disconnect, reviews academic and legislative proposals to overcome it, and proposes a way …

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington

Seattle University Law Review

In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history of Rule 60 as …

Cityland – Vol. 10, No. 4, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights key land use and preservation developments in New York City as of May 2013. The City Planning Commission began review of adAPT NYC, the City’s first micro-unit housing development, featuring 55 compact apartments and shared amenities. The Landmarks Preservation Commission held a hearing on the designation of the Seward Park branch of the New York Public Library, a 1909 Carnegie-funded building. A new sustainable office and retail development near the Puck Building in SoHo was approved, praised for its green design and contextual sensitivity. The Bedford-Stuyvesant/Expanded Stuyvesant Heights Historic District was designated, concluding a 20-year …

The Defense Of Entrapment In Administrative Proceedings, Jan Mark Dudman

Pepperdine Law Review

No abstract provided.

The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester

Pepperdine Law Review

No abstract provided.

The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan

Pepperdine Law Review

No abstract provided.

Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg

Journal of the National Association of Administrative Law Judiciary

No abstract provided.