Adaptive Regulation In The Amoral Bazaar,
2011
Duke Law School
Adaptive Regulation In The Amoral Bazaar, Lawrence G. Baxter
Faculty Scholarship
Twelfth Oliver Schreiner Memorial Lecture,delivered on 20 October 2010 at the School of Law, University of the Witwatersrand, Johannesburg, South Africa. Many gradual changes in science, law and society are crystallizing to shape a significant transformation in administrative law. The doctrinal framework within which Justice Schreiner himself attempted to modernize how law should regulate government and private economic activity seems from our vantage point to be quite antiquated. In explaining why, my examples will come from the world of financial services, but they could easily be found anywhere in the area of law and regulation. First I will outline the …
State Enforcement Of Federal Law,
2011
Duke Law School
State Enforcement Of Federal Law, Margaret H. Lemos
Faculty Scholarship
Federal law is enforced through a combination of public and private efforts. Virtually all federal civil statutes vest enforcement authority in a federal agency; some also create private rights of action that permit private parties to sue to enforce federal law. Decades of commentary on the choice between public and private enforcement have generated a remarkably stable set of arguments about the strengths and weaknesses of each type. But the conventional wisdom tells only part of the story, as it ignores variations within the category of public enforcement. In fact, there are two distinct types of public enforcement. Many federal …
When Delegation Begets Domination: Due Process Of Administrative Lawmaking,
2011
Syracuse University College of Law
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
Georgia Law Review
In federal administrative law, the nondelegation
doctrine purports to forbid Congress from entrusting its
essential legislative powers to administrative agencies.
The Supreme Court developed this doctrine during the
nineteenth century to safeguard republican values
embedded in the Constitution. Over time, however, the
Court has loosened the doctrine's grip, permitting federal
agencies to wield broad lawmaking powers subject to
minimalist "intelligible principles" established by
Congress. The Court has defended this approach on
pragmatic grounds, arguing that Congress cannot perform
its essential legislative function without entrusting
lawmaking authority to administrative agencies. What
the Court has never adequately addressed, however, is the
extent …
Spilling Secrets: Trade Secret Disclosure And Takings In Offshore Drilling Regulation,
2011
University of Richmond
Spilling Secrets: Trade Secret Disclosure And Takings In Offshore Drilling Regulation, Michael A. Greene
Richmond Journal of Law & Technology
This Article will explore whether the law may require the disclosure of adequate proprietary information to enable effective regulation. Part II will discuss the settled law regarding the property status of trade secrets, the regulatory takings doctrine, the applicability of the Takings Clause of the United States Constitution to proprietary data, and the exactions doctrine. Part III will explore the validity of the mandatory submission of proprietary health, safety, and environmental data to government regulators, with the guarantee that such data will be kept secret from competitors and the public. Part IV will then explore the validity of regulation mandating …
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter,
2011
University of Colorado Law School
Excluding Unemployed Workers From Job Opportunities: Why Disparate Impact Protections Still Matter, Helen Norton
Publications
No abstract provided.
An Inductive Understanding Of Separation Of Powers,
2011
Boston University School of Law
An Inductive Understanding Of Separation Of Powers, Jack M. Beermann
Faculty Scholarship
Separation of powers is one of least understood doctrines in U.S. law and politics. Underlying a great deal of separation of powers analysis is the conventional view that the United States Constitution requires a strict separation between the three branches of government and that efforts within one branch to influence or control the exercise of another branch’s powers are illegitimate and should be rejected whenever possible. Although its simplicity might be appealing, this image of strict separation is inconsistent with both the Framers’ understanding of separation of powers and with the law as developed by the Supreme Court in the …
The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010,
2011
New York Law School
The Search For Fair Agency Process: The Immigration Opinions Of Judge Michael Daly Hawkins, 1994-2010, Lenni B. Benson
Articles & Chapters
Judge Michael Daly Hawkins has been a member of the Ninth Circuit Court of Appeals since 1994; but he has been concerned with the forms and varieties of administrative or bureaucratic process his entire career. When he became a member of the federal judiciary, his role was clearly altered. However, his commitment to fairness and integrity in adjudication remained undiminished. This article will explore some of Judge Hawkins’s many immigration decisions, both majority and dissenting opinions, which reflect his commitment to the preservation of a due process.
The reality of immigration adjudication in the Ninth Circuit is that there are …
The Deep Seabed: The Laws Of Nature And Nature’S Manganese Nodules,
2011
Liberty University
The Deep Seabed: The Laws Of Nature And Nature’S Manganese Nodules, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Federalism Under Obama,
2011
Columbia Law School
Federalism Under Obama, Gillian E. Metzger
Faculty Scholarship
At first glance, federalism would seem to have fared poorly under the Obama administration. The administration's signature achievements to date involve substantial expansions of the federal government's role, be it through new federal legislation addressing health insurance and financial sector reform or massive injections of federal spending. Such expansions in the federal government's role frequently translate into restrictions on the states. New federal legislation often preempts prior state regulation, and federal spending often comes with substantial conditions and burdens for the states. Not surprisingly, many state officials have sharply criticized these developments at the federal level, often invoking federalism as …
Apoplectic About Hyperlexis,
2011
Brooklyn Law School
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52,
2010
Nevada Law Journal
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill
Nevada Supreme Court Summaries
District court’s denial to review administrative hearing affirmed because claimant’s condition satisfied the statutory requirements.
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56,
2010
Nevada Law Journal
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry
Nevada Supreme Court Summaries
The Court considered an appeal from a First Judicial District Court order that found a proposed initiative violated NRS 295.009’s single-subject rule and prohibited its placement on the 2010 general election ballot.
Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48,
2010
Nevada Law Journal
Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48, Sean W. Mcdonald
Nevada Supreme Court Summaries
No abstract provided.
Israel Oil Refineries Ltd. V. New Hampshire Insurance,
2010
Supreme Court of Israel
Israel Oil Refineries Ltd. V. New Hampshire Insurance, Edna Arbel, Elyakim Rubinstein, Eliezer Rivlin
Translated Opinions
Facts: The Tel Aviv District Court granted a petition for the recognition of a judgment rendered by an English court, which had declared that an insurance policy issued by the respondent (New Hampshire Insurance) to an Israeli company, Oil Refineries Ltd. – the appellant – was void on the grounds that a substantial matter had not been disclosed to the issuer. The respondent brought the action in the English court after its sibling company (AIG Europe, which had underwritten the policy) had been served a third party notice in an Israeli proceeding brought against the appellant. The District Court …
Cityland – Vol. 7, No. 11,
2010
New York Law School
Cityland – Vol. 7, No. 11, Center For New York City Law
CityLand - 2010
The December 2010 issue of CityLand highlights significant land use, zoning, and preservation developments across New York City. The City Council modified Extell’s Riverside Center proposal on the Upper West Side, increasing on-site affordable housing and school space. Supportive housing projects were approved in the East Village and Prospect Lefferts Gardens, with community concerns addressed through design revisions. The Board of Standards & Appeals granted variances for a three-building affordable housing project in East Tremont, Bronx, citing site constraints from an abandoned railway. Landmarks designated Paul Rudolph’s penthouse at 23 Beekman Place and two Federal-era rowhouses on Grand Street, while …
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth,
2010
Harvard Law School
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet,
2010
Economics and Technology, Inc.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Federal Communications Law Journal
A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …
Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade,
2010
Chicago-Kent College of Law
Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley
Chicago-Kent Law Review
The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with the Clean …
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate,
2010
Pace University School of Law
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
Elisabeth Haub School of Law Student Publications
Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …
Introduction To Essays On The Future Of Digital Communications,
2010
Time Warner Cable
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Federal Communications Law Journal
Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.
