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Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar 2013 American University Washington College of Law

Unlocking Secure Communities: The Role Of The Freedom Of Information Act In The Department Of Homeland Security's Secure Communities, Erica Lynn Tokar

Legislation and Policy Brief

In 1941, members of the Attorney General’s Committee on Administrative Procedure agreed unanimously that “an important and far-reaching defect of administrative law has been the simple lack of public information concerning its substance and procedure.” The Freedom of Information Act (FOIA) uniquely addresses this concern by providing members of the general public an opportunity to consider and respond to administrative action by viewing actual agency records. FOIA affords broad access to “any person,” and it has become a key tool for both organizations and individuals who not only wish to learn more about the inner workings of the U.S. government, …


Cityland – Vol. 10, No. 1, Center for New York City Law 2013 New York Law School

Cityland – Vol. 10, No. 1, Center For New York City Law

CityLand - 2013

This issue of CityLand highlights major land use and preservation developments in New York City as of February 2013. It opens with a retrospective of the top ten stories of 2012, including NYU’s campus expansion, the landmarking of Brinckerhoff Cemetery, and the Chelsea Market expansion. The City Council approved the East Village/Lower East Side Historic District, while the City Planning Commission celebrated its 75th anniversary and advanced the Durst West 57th Street development. A proposed rezoning in Flushing faced opposition from Community Board 7. Landmark Preservation Commission approved the renovation of the Rainbow Room and denied legalization of unauthorized alterations …


Analysis Of Three Current Trends In Administrative Law: Reducing Administrative Delay, Expanding Public Participation, And Increasing Agency Accountability , Gregory L. Ogden 2013 Pepperdine University

Analysis Of Three Current Trends In Administrative Law: Reducing Administrative Delay, Expanding Public Participation, And Increasing Agency Accountability , Gregory L. Ogden

Pepperdine Law Review

No abstract provided.


The Invalidation Of Mandatory Cable Access Regulations: Fcc V. Midwest Video Corp., Robert L. Clarkson 2013 Pepperdine University

The Invalidation Of Mandatory Cable Access Regulations: Fcc V. Midwest Video Corp., Robert L. Clarkson

Pepperdine Law Review

No abstract provided.


Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss 2013 Pepperdine University

Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss

Pepperdine Law Review

The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to …


Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright 2013 Pepperdine University

Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright

Pepperdine Law Review

Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …


Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz 2013 Pepperdine University

Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz

Pepperdine Law Review

No abstract provided.


Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz 2013 Pepperdine University

Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz

Pepperdine Law Review

In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …


The D.C. Circuit As "Hostile Stranger", Michael E. Herz 2013 Benjamin N. Cardozo School of Law

The D.C. Circuit As "Hostile Stranger", Michael E. Herz

Online Publications

No abstract provided.


Appeal No. 0843: Summitcrest, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2013 Case Western Reserve University School of Law

Appeal No. 0843: Summitcrest, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance; Chespeake Exploration, LLC


Was The Graphe Paranomon A Form Of Judicial Review?, Melissa Schwartzberg 2013 Columbia University

Was The Graphe Paranomon A Form Of Judicial Review?, Melissa Schwartzberg

Cardozo Law Review

No abstract provided.


Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor 2013 Pepperdine University

Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor

Pepperdine Law Review

In numerous federal environmental statutes, Congress gave plaintiffs the right to recover attorneys' fees when the court finds them "appropriate." In Ruckleshaus v. Sierra Club, the United States Supreme Court held that it was only "appropriate" to grant attorneys' fees when the plaintiff had at least partially prevailed on the merits. The decision ignored both the important role environmental groups play in the interpretation and development of regulatory programs through litigation and the ability of the lower courts to determine when attorneys' fees were "appropriate." The Court, instead, focused on the adversarial nature of such groups and the traditional American …


The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer 2013 Pepperdine University

The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer

Pepperdine Law Review

The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …


N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner 2013 Pepperdine University

N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner

Pepperdine Law Review

With its decision in Midland National Life Insurance Company, the National Labor Relations Board no longer probes into the truth or falsity of statements made during he course of preelection campaigns. The decision marks the third policy reversal in regulating campaign propaganda during the last five years. Of concern to employers and unions is the uncertainty of Board resolutions in this area, particularly when each policy reversal was preceded immediately by Presidential appointments to the Board. This article traces the shifting Board policy of regulating campaign misrepresentations and calls for Congressional intervention to stabilize the preelection process.


Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes , Henry H. Perritt Jr. 2013 Pepperdine University

Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes , Henry H. Perritt Jr.

Pepperdine Law Review

No abstract provided.


Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon 2013 Pepperdine University

Technology, Robotics, And The Work Preservation Doctrine: Future Considerations For Labor And Management, Christie A. Moon

Pepperdine Law Review

No abstract provided.


Description And Analysis Of Ftc Order Provisions Resulting From References In Advertising To Tests Or Surveys , Ivan L. Preston 2013 Pepperdine University

Description And Analysis Of Ftc Order Provisions Resulting From References In Advertising To Tests Or Surveys , Ivan L. Preston

Pepperdine Law Review

No abstract provided.


Nonbank Banks: A Legitimate Financial Intermediary Emerges From The Bank Holding Company Act Loophole, John Erwin Trytek 2013 Pepperdine University

Nonbank Banks: A Legitimate Financial Intermediary Emerges From The Bank Holding Company Act Loophole, John Erwin Trytek

Pepperdine Law Review

Nonbank banks represent the financial institutions' recent attempt to avoid the regulations of the Bank Holding Company Act. The evolution of the nonbank bank illustrates the vitality of financial markets and technological change. While banking regulatory statutes have remained static, the dynamics of technology and electronic banking have allowed financial institutions to transcend the state's traditional borders. When static federal regulations began to choke profits, financial institutions sought alternatives to traditional banking. The financial institutions stretched the fabric of banking regulations to their extreme, and the nonbank bank emerged through a loophole in the Bank Holding Company Act. This article …


Seeing Red: The Legal Backlash Against Red-Light Cameras In Florida, Nicole Kuncl 2013 University of Florida Levin College of Law

Seeing Red: The Legal Backlash Against Red-Light Cameras In Florida, Nicole Kuncl

Florida Law Review

This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over the use of redlight cameras to issue traffic citations. Strong arguments can be made both for and against this policy, but there are some who absolutely refuse to accept it, for both constitutional and practical reasons. If opponents hope to end all use of red-light cameras in the state, however, they will need to acknowledge that judicial opinion is overwhelmingly …


Book Review: Government Contracts Under The Federal Acquisition Regulation, Robert C. Gusman 2013 Pepperdine University

Book Review: Government Contracts Under The Federal Acquisition Regulation, Robert C. Gusman

Pepperdine Law Review

No abstract provided.


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