Administrative Law Commons^™

Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Cityland – Vol. 7, No. 2, Center For New York City Law

CityLand - 2010

The March 2010 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved Gotham Organization’s mixed-use development in Clinton, Manhattan, which includes 600 affordable units and a new school. The City Planning Commission rejected a proposed commercial overlay extension on Sullivan Street and certified Vornado Realty Trust’s 15 Penn Plaza office tower proposal. The Commission also approved a citywide Residential Streetscape Preservation text amendment and heard testimony on a rezoning proposal for Queens Boulevard. BSA granted variances for NYU’s Center for Academic and Spiritual Life and a Tribeca residential building. Landmark actions …

Mending Holes In The Rule Of (Administrative) Law, Evan J. Criddle

NULR Online

The past decade has witnessed a surge of interest in Carl Schmitt’s controversial assertion that the rule of law inevitably bends under the demands of state necessity during national emergencies. According to Schmitt, legal norms cannot constrain sovereign discretion during emergencies because “the precise details of an emergency cannot be anticipated” in advance. The sovereign must therefore possess unfettered discretion to determine both “whether there is an extreme emergency” and “what must be done to eliminate it.”

Few legal scholars have embraced Schmitt’s theory of emergencies with the enthusiasm and sophistication of Adrian Vermeule, the John H. Watson, Jr. Professor …

Appeal No.0946: Perkins Revocable Trust V. Division Of Oli & Gas Resources Management & Antero Resources Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-168 (Reich Unit; Antero Resources Corporation)

Climbing Mount Mitigation: A Proposal For Legislative Suspension Of Climate Change "Mitigation Litigation", J. B. Ruhl

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Fcc V. Fox: Has The Supreme Court Sanctioned Political Influence In Agency Decision-Making?, Catherine E. Bell

Mercer Law Review

I. INTRODUCTION

Can agencies radically change policy simply because of a change in the White House? The United States Supreme Court's latest decision in FCC v. Fox Television Stations, Inc. suggests that agencies can do exactly that. The Federal Communications Commission (FCC), an independent United States agency, regulates the content of U.S. broadcasting stations. In 2002 and 2003, the FCC and Fox clashed when Fox aired two separate Billboard Music Awards (BMA) shows during which BMA guests uttered isolated expletives. Prior to these incidents, the FCC had never issued an indecency violation to a broadcaster for airing only isolated …

The E-Flow Challenge In An Acequia Irrigation System With Storage - Environmental Flow Workshop, Harold Trujillo

Publications

No abstract provided.

Striking A Balance: When Should Trade-Secret Law Shield Disclosures To The Government?, Elizabeth A. Rowe

UF Law Faculty Publications

In 2010, Toyota issued recalls on over eight million vehicles because of faulty acceleration. Assume that the National Highway Traffic Safety Administration (NHTSA) requests that Toyota allow the government access to the data in black boxes on the recalled cars. The black boxes are operated by proprietary software and can only be accessed with special codes by Toyota. Assume further that Toyota refuses to provide the Black Box data to the government, claiming that it would reveal its trade secrets. How should courts approach what I coin these refusal-to-submit cases? There is a void in the literature and the case …

Status Of New Mexico's Rivers - Existing Data Panel, Stephanie Carman, James Hogan

Publications

No abstract provided.

Some Municipal Programs To Develop And/Or Sustain Living Rivers In New Mexico, Claudia Borchert

Publications

No abstract provided.

Climate Change, Streamflows, And Water Management Implications In The Upper Rio Grande Watershed, Brian H. Hurd

Publications

No abstract provided.

Colorado's Instream Flow Program: History And Current Activities, The Colorado Water Conservation Board

Publications

No abstract provided.

Environmental Flow Issues & Science, Tom Annear

Publications

No abstract provided.

Environmental Flows In Elephant Butte Irrigation District, Gary Esslinger

Publications

No abstract provided.

Environmental Flows Allocation Process In Texas, Kevin Mayes

Publications

No abstract provided.

Riparian Area And Upper Watershed Condition, Mary Steuver

Publications

No abstract provided.

Geomorphic Condition And Shallow Aquifers, Shann Stringer

Publications

No abstract provided.

Summary Of Naiw V. Nevada Self-Insurers Ass’N, 126 Nev. Adv. Op. 7, Thomas D. Pilkington

Nevada Supreme Court Summaries

Feb. 25, 2010

Achieving The Potential: The Future Of Federal E-Rulemaking, Report Of The Committee On The Status And Future Of Federal E-Rulemaking, Cynthia R. Farina

Cornell Law Faculty Publications

No abstract provided.

The Place Of 'Higher Law' In The Quotidian Practice Of Law: Herein Of Practical Reason, Natural Law, Natural Rights, And Sex Toys, Patrick Mckinley Brennan

Working Paper Series

The question of the place of higher law in the ordinary practice of law is even now dogged by the brooding omnipresence caricature. This Article seeks to introduce and apply a philosophically defensible account of natural law, the one defended by Thomas Aquinas, to various problematics of contemporary law and jurisprudence. The Article argues that such higher law is not so high as to be relevant only to sexy constitutional questions, as is often supposed, but to everything we do in law. The Article argues that liberals and conservatives alike should acknowledge both the place of natural law in the …