Administrative Law Commons^™

Community Growth And Land Use, Susan Kelly

Publications

No abstract provided.

Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler

Faculty Publications

Although Congress did not put climate change legislation on President Obama’s desk, the Obama Administration still moved ahead with various regulatory measures to control GHG [greenhouse gas] emissions. Using authority under the Clean Air Act and other existing environmental statutes, the Environmental Protection Agency (EPA) and other agencies have been expanding existing regulatory programs to cover GHG emissions and address climate change concerns. Several measures are already in place and others are in the regulatory pipeline, although citizen suit litigation could produce still more.

The extension of federal regulatory authority to control GHG emissions under existing statutory frameworks is a …

Narrative Preferences And Administrative Due Process, Jason A. Cade

Scholarly Works

This Article illustrates, through sociolinguistic analysis, how an adjudicator’s biases against certain narrative styles can influence his or her assessments of credibility, treatment of parties, and decision-making in the administrative law setting. Poverty lawyers have long observed that many claimants in the administrative state continue to face procedural and discursive obstacles. Applying insights from a growing field of inter-disciplinary research, including conversation analysis, linguistics, and cognitive studies, this Article builds upon those observations by more precisely exploring through a case study of an unemployment insurance benefits hearing how structural and narrative biases can work to deny an applicant due process …

Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee

West Virginia Law Review

No abstract provided.

A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey

West Virginia Law Review

No abstract provided.

Mayo And The Future Of Tax Regulations, Steve R. Johnson

Scholarly Publications

Of the heady early days of the French Revolution, Wordsworth wrote: “Bliss it was in that dawn to be alive. But to be young was very heaven.” Those of us interested in the intersection of tax law and administrative law may be excused if we feel similar exhilaration about the time in which we live.

In terms of the intersection, this is the most exciting moment in the tax history of the United States. Recent cases have tested – and cases still in progress continue to test –- the validity of several Treasury regulations:

1. On January 11 the Supreme …

Appeal No. 0831: City Of Broadview Heights V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-43 (GonzOil Inc., Lazlo Well #1D)

Appeal No. 0830: City Of Broadview Heights V. Division Of Oil & Gas Resources Management And Gonzoil, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2010-34 (GonzOil Inc., Kral Well #1D)

Summary Of Western Surety Co. V. Adco Credit Inc., 127 Nev. Adv. Op. No. 8, Meredith Still

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting a petition for judicial review in a Department of Motor Vehicles bond matter.

Cityland – Vol. 8, No. 2, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and development initiatives in New York City as of March 15, 2011. The City Council held a contentious oversight hearing on Wal-Mart’s potential entry into the NYC market, raising concerns about its impact on small businesses. The City Planning Commission approved several affordable housing projects, including developments in East Harlem, the East Village, and the Bronx’s Melrose neighborhood. A mixed-use rezoning in Williamsburg advanced despite community opposition. The Board of Standards & Appeals granted a variance for the Knickerbocker Hotel’s conversion back to hospitality use and approved expanded commercial use for a …

Rulemaking In 140 Characters Or Less: Social Networking And Public Participation In Rulemaking, Cynthia R. Farina, Paul Miller, Mary J. Newhart, Claire Cardie, Dan Cosley, Rebecca Vernon

Pace Law Review

No abstract provided.

Appeal No. 0814: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-19

Wireless Efficiency Versus Net Neutrality, Charles L. Jackson

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

This Article first addresses congestion and congestion control in the Internet. It shows how congestion control has always depended upon altruistic behavior by end users. Equipment failures, malicious acts, or abandonment of altruistic behavior can lead to severe congestion within the Internet. Consumers benefit when network operators are able to control such congestion. One tool for controlling such congestion is giving higher priority to some applications, such as telephone calls, and …

Spectrum Miscreants, Vigilantes, And Kangaroo Courts: The Return Of The Wireless Wars, Christian Sandvig

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

It is axiomatic that government licensing is a foundational requirement for the use of the electromagnetic spectrum. Yet in some bands there is no licensing requirement, providing an empirical site that can be used to examine wireless coexistence without licenses. This Article draws on ethnographic work with wireless Internet Service Providers to report on the extralegal means that are used to share or allocate spectrum in these license exempt bands. Operators …

Resilience: Building Better Users And Fair Trade Practices In Information, Andrea M. Matwyshyn

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

In the discourse on communications and new media policy, the average consumer-the user-is frequently eliminated from the equation. This Article presents an argument rooted in developmental psychology theory regarding the ways that users interact with technology and the resulting implications for data privacy law. Arguing in favor of a user-centric construction of policy and law, the Author introduces the concept of resilience. The concept of resilience has long been discussed in …

The Internet Ecosystem: The Potential For Discrimination, Dick Grunwald

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

This Article explores how the emerging Internet architecture of "cloud computing," content distribution networks, private peering and data-center services can simultaneously foster a perception of "unfair" network access while at the same time enabling significant competition for services, content, and innovation. A key enabler of these changes is the emergence of technologies that lower the barrier for entry in developing and deploying new services. Another is the design of successful Internet …

Television For All: Increasing Television Accessibility For The Visually Impaired Through The Fcc's Ability To Regulate Video Description Technology, Joshua S. Robare

Federal Communications Law Journal

Video descriptions allow people who have visual impairments to get the full benefits from television. Through voiceovers those who have problems seeing are told what is happening on screen allowing them to get the most out of viewing television. However, the Federal Communications Commission currently lacks the authority to require broadcasters to create video descriptions for their programs following the decision in Motion Picture Association of America, Inc. v. Federal Communications Commission. This situation contrasts with closed caption which allows viewers with hearing problems read the dialog being said on screen. The FCC retained the power to regulate closed captions …

Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo

Federal Communications Law Journal

Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.

Restraining Amazon.Com's Orwellian Potential: The Computer Fraud And Abuse Act As Consumer Rights Legislation, Alicia C. Sanders

Federal Communications Law Journal

In 2009, Amazon.com decided to correct a potential copyright violation by deleting e-books by George Orwell and Ayn Rand from the Kindles of users who had already purchased the offending texts. Two of those users, Justin Gawronski and Antoine Bruguier, claimed that Amazon.com had violated the Computer Fraud and Abuse Act (CFAA) by accessing their Kindles without authorization. The plaintiffs also relied on other causes of action, including breach of contract and trespass to chattels. Although the dispute quickly settled, the Gawronski lawsuit remains a useful case study that shows why the CFAA is a useful protection for consumers. Recently, …