Administrative Law Commons^™

Medical Board Of California, Byanca Hutchins, Katie González, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Bureau Of Private Postsecondary Education, Caitlin D. Barón, Katie González

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Lisette Cruz, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health, Zoe Bulls, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Contractors State License Board, Shun Lam, Katie González

California Regulatory Law Reporter

No abstract provided.

Appeal No. 1038: Stonebridge Operating Co, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order No. 2024-391

Against Monetary Primacy, Yair Listokin, Rory Van Loo

Northwestern University Law Review

To reduce inflation, the Federal Reserve (Fed) raises interest rates. But every month with high interest rates increases the risk of a devastating recession. Recessions impose not only short-term pain in the form of widespread unemployment but also lifelong harm for many, as vulnerable workers and those who start their careers during a downturn never fully recover. Yet hiking interest rates is the centerpiece of U.S. inflation-fighting policy. When inflation is high, the Fed raises interest rates until inflation is tamed, regardless of the consequent sacrifices. We call this inflation-fighting paradigm “monetary primacy.” Despite its great risks, monetary primacy has …

The Renaissance Of Private Law, Yotam Kaplan, Adi Libson, Gideon Parchomovsky

Northwestern University Law Review

Crisis is the new normal. Between global warming, the opioid pandemic, bursts of gun violence, and political instability fueled by fake news, it is hard to remember a time when we were not facing a major catastrophe. Still more troubling, there is a growing sense that our political and regulatory institutions are faltering in their ability to offer effective responses to the incoming crises. The rapid pace at which new problems emerge—together with growing political polarization—stymies regulatory and legislative action, resulting in an inability to address contemporary challenges.

Against this gloomy background, we posit an unlikely hero: private law. Recent …

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Wilmer Cutler Pickering Hale & Dorr Llp V. Executive Office Of The President, U.S. District Court For The District Of Columbia (No. 1:25-Cv-000917-Rjl), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

Introduction

When Fred Korematsu stood in the San Francisco federal district court in 1942 to challenge the constitutionality of a criminal charge that he had violated an exclusion order issued pursuant to Executive Order 9066, he was represented by pro bono counsel funded by the San Francisco office of the American Civil Liberties Union (ACLU). But just four days after Fred’s attorneys filed a motion to dismiss his criminal charges, ACLU director Roger Baldwin—wanting to avoid angering President Roosevelt—conveyed the “national board’s decision to prohibit test cases from challenging Roosevelt’s authority to issue Executive Order 9066.” Instead, local ACLU affiliates …

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Jenner & Block V. U.S. Dep't Of Justice, U.S. District Court For The District Of Columbia (No. 1:25-Cv-000916-Jdb), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

Introduction

When Fred Korematsu stood in the San Francisco federal district court in 1942 to challenge the constitutionality of a criminal charge that he had violated an exclusion order issued pursuant to Executive Order 9066, he was represented by pro bono counsel funded by the San Francisco office of the American Civil Liberties Union (ACLU). But just four days after Fred’s attorneys filed a motion to dismiss his criminal charges, ACLU director Roger Baldwin—wanting to avoid angering President Roosevelt—conveyed the “national board’s decision to prohibit test cases from challenging Roosevelt’s authority to issue Executive Order 9066.” Instead, local ACLU affiliates …

Corrected Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Center For Law, Equity And Race, Center For Racial And Economic Justice, Center On Law, Race & Policy, Center On Race, Inequality, And The Law, Gibson-Banks Center For Race And The Law, The Lawyering Project, Autistic Self Advocacy Network, Bazelon Center For Mental Health Law, And Disability Law United In Support Of Plaintiff, Perkins Coie, Llp V. U.S. Department Of Justice, United States District Court For The District Of Columbia (Case No. 1:25-Cv-00716-Bah), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

No abstract provided.

The "Best Location" Standard And Puc Review Of Proposed Transmission Line Routes: In Re Bangor Hydro-Electric, Maine Law Review

Maine Law Review

Forty-five years after the enactment of legislation delegating eminent domain authority to electric power companies, the Maine Supreme Judicial Court had its first opportunity in In re Bangor Hydro-Electric Co. to construe the statute's grant of review authority to the Public Utilities Commission (PUC). Rejecting the "arbitrary and capricious" review standard previously applied by the PUC, the court held that the statute required the Commission to determine whether the utility's chosen location "best serves the public interest." Under the former standard, the utility had been required to present only minimal evidence in support of its choice of location in order …

Federal Preemption In Airport Noise Abatement Regulation: Of Federal And State Power, Maine Law Review

Maine Law Review

The growth of air commerce in the United States has been characterized by the use of jet aircraft which has led to frequent litigation by local governments and their citizens attempting to abate the increased aircraft noise. Although from the inception of airflight there has been conflict between localities and the aviation industry over the noise produced by aircraft operations, the present conflict dates from the late 1950s when private air carriers first introduced pure-jet aircraft to the nation's civil airports. While the noise emitted from jet aircraft, measured in decibels, is not necessarily louder, it is of a higher …

The Final Frontier Of Federal Power: Understanding, Defining, And Enforcing “Necessary And Proper” To Enhance The General Welfare And Limit Federal Power, Thomas Ralph

Catholic University Law Review

This comment explores the long and inconsistent history of the Necessary and Proper Clause and its unique role as both a grant of power to Congress and a limit on the outer reach of the federal government. The federal government is in theory one of limited powers; however, this promise of the Constitution cannot be truly recognized without developing a robust framework for applying the Necessary and Proper Clause as a reliable source of federal power. After establishing the need for a framework, this comment provides five judicial decision rules that can be applied by trial and appellate courts to …

Appeal No. 1030: Williams Disposal, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2024-71

Appeal No. 1033: Pillar Energy, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.

Appeal No. 1037: Ll&B Headwater Ii, L.P. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of chief's Order No. 2024-332 Kramer HN FRA West Unit (EAP Ohio, LLC)

Administrative Law: Approaches To Delegation, Maine Law Review

Maine Law Review

As do most state courts, the Maine Supreme Judicial Court purports to require that legislative delegations of power to administrative agencies be accompanied by legislatively articulated "primary standards" sufficient to prohibit arbitrary exercise of administrative discretion. The requirement is rooted in the non-delegation doctrine, once the principal stumbling-block to the creation of an effective administrative arm of government. Originally a liberalization of the non-delegation rule, the primary standards test can become an unwarranted restraint on legislative discretion, particularly when invoked to nullify delegations necessarily broad in scope. Often, the very reason behind a legislature's choice of administrative means to effectuate …