Administrative Law Commons^™

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 …

When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle

Faculty Publications

No abstract provided.

State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox

Cardozo Law Review

Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This Article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …

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.

Cityland – Vol. 8, No. 8, Center For New York City Law

CityLand - 2011

This issue of CityLand highlights key land use and zoning developments in New York City as of September 15, 2011. The City Council approved Ocean Dreams, a 415-unit mixed-use development along Coney Island’s boardwalk, and a two-building project in Harlem that includes 100 affordable apartments. The City Planning Commission reviewed a contextual rezoning for 181 blocks in the Williamsbridge and Baychester neighborhoods of the Bronx. The Department of City Planning launched ZoLa, a new online mapping tool for zoning and land use information. The Board of Standards & Appeals granted variances for projects in the Lower East Side and Van …

Appeal No. 0834: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05

Appeal No. 0833: Maverick Oil & Gas, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2010-40 & 2011-05

A Tale Of Two Climate Cases, Jonathan H. Adler

Faculty Publications

In July 2004, eight states, the City of New York, and a number of conservation organizations filed suit against several of the nation’s largest electric power producers, alleging that the power companies’ greenhouse gas (GHG) emissions contributed to the public nuisance of global warming under federal common law. Simultaneously, several of the same states sued the U.S. Environmental Protection Agency (EPA), alleging that GHG emissions constituted “pollutants” subject to regulation under the Clean Air Act (CAA). Both cases sought to impose GHG emission controls, and both were a reaction to the federal government’s steadfast refusal to adopt such policies on …

Off-Label Promotion Reform: A Legislative Proposal Addressing Vulnerable Patient Drug Access And Limiting Inappropriate Pharmaceutical Marketing, Tim Mackey, Bryan A. Liang

University of Michigan Journal of Law Reform

Off-label promotion occurs when pharmaceutical manufacturers engage in promotion of unapproved or "off-label" uses of their drugs. These off label uses may lack adequate clinical data to substantiate marketing claims, have led to corporate investigations and penalties, and can endanger public health. However there is adequate evidence to suggest that off-label uses are entirely appropriate for some vulnerable patient populations, and that physicians have accepted such uses as standard. Historically, U.S. law has prohibited direct off-label promotion to physicians and patients. However, failed government guidance, industry-based litigation, and the diminished capacity of regulators to police illegal practices have had dire …

Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, Stewart E. Sterk, Kimberly J. Brunelle

Articles

Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as posing a double-barreled threat to the stability of the community in which they have chosen to live and to the economic value of their homes.

New Light On Auer/Seminole Rock Deference, Steve R. Johnson

Scholarly Publications

We have been engaged in an extended exploration of doctrines under which courts may defer to positions and interpretations by state and local tax agencies. The immediately prior installment of this column discusses such deference under state equivalents of what is known as the Auer or Seminole Rock principle, under which courts usually defer to agency interpretations of the agencies’ own ambiguous regulations.

About two weeks after the publication of that installment, the U.S. Supreme Court handed down a major new decision on the Auer principle: Talk America, Inc. v. Michigan Bell Telephone Co. Talk America bids fair to be …

Cityland – Vol. 8, No. 7, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and zoning developments in New York City as of August 15, 2011. The City Council approved a reduction in parking requirements for the Gotham Center project in Long Island City and modified a rezoning proposal in Williamsburg to allow Teddy’s Bar and Grill to reestablish its sidewalk café. A commercial overlay was approved in Whitestone to facilitate a TD Bank branch, despite community concerns. The City Planning Commission reviewed proposals for a contextual rezoning in Boerum Hill, a large-scale retail development in Gravesend Bay, and a mixed-use project in Harlem. The Board …

13th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2011, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The announcement by the Presidential Elections Committee (PEC) of the prospective candidates who have been issued certificates of eligibility for the 2011 presidential election in Singapore makes interesting reading for what it does and does not say. The Committee’s decision-making process is also fairly opaque. It is submitted the rules governing the PEC’s task should be reviewed before the next election. At least, it is hoped future Committees will adopt as constitutional conventions the practices of granting hearings to applicants, announcing decisions well ahead of nomination day, and issuing full reasons.

The Regrettable Clause: United States V. Comstock And The Powers Of Congress, H. Jefferson Powell

San Diego Law Review

In this Article, I argue that in Comstock, the Court encountered one of the oldest and most basic constitutional issues about the scope of congressional power--whether there are justiciable limits to the range of legitimate ends Congress may pursue. The Justices, without fully recognizing the fact, were taking sides in an ancient debate, and in doing so, they inadvertently reopened an issue that ought to be deemed long settled.

Cityland – Vol. 8, No. 6, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and development activity in New York City as of July 15, 2011. The City Council approved a modified 130-block rezoning in Sunnyside and Woodside, Queens, reducing building height limits along Queens Boulevard. A controversial rezoning in Whitestone was approved to allow expansion of the White House restaurant, while a rezoning for a mixed-use project in Flushing was also approved. A proposed rezoning in Cambria Heights was withdrawn following community opposition. The City Planning Commission certified the Admirals Row Plaza redevelopment in the Brooklyn Navy Yard and authorized Phase 1 of Freshkills Park’s …

Summary Of State, Tax Comm’N V. American Home Shield, 127 Nev. Adv. Op. No. 31, Chelsey Bosworth

Nevada Supreme Court Summaries

An appeal from a taxpayer refund action where the district court determined that the taxpayer was entitled to refunds from prior years and interest.

The Implications Of Disentanglement, Christopher Slobogin

Vanderbilt Law School Faculty Publications

Scholars have long used the term "administrative search cases" to refer to judicial decisions dealing with searches carried out by officials other than the police and designed to implement prohibitions that are as much regulatory as criminal. These searches include health and safety inspections, roadblocks, drug testing, and searches of school children and public employees for evidence of rule violations. In her article Disentangling Administrative Searches,' Professor Eve Brensike Primus makes three distinct claims about the Supreme Court's decisions on this subject. Her first and most important argument is that, contrary to the usual view, these cases are not all …

Summary Of Village League V. State, Bd. Of Equalization, 127 Nev. Adv. Op. No. 30, Christopher Scott Connell

Nevada Supreme Court Summaries

Appeal from a district court order granting a writ of mandamus for the overpayment of property taxes.

Judicial Review Of Public Utility Commissions, Jonathan Armiger

Indiana Law Journal

No abstract provided.