Administrative Law Prof Blogtag:typepad.com,2003:weblog-12849882009-07-13T22:01:38-04:00A Member of the Law Professor Blogs NetworkTypePadAdministrativeLawProfBloghttp://feedburner.google.comSubscribe with My Yahoo!Subscribe with NewsGatorSubscribe with My AOLSubscribe with BloglinesSubscribe with NetvibesSubscribe with GoogleSubscribe with PageflakesPractitioner alert: Stimulus program trapstag:typepad.com,2003:post-6a00d8341bfae553ef0115710b5cc9970c2009-07-13T22:01:38-04:002009-07-13T22:01:38-04:00On the Government Contracts Blog from Sheppard Mullin Richter & Hampton LLP, David S. Gallacher discusses "ARRA Risks -- Traps for the Unaware". While the promise of the $787 billion federal stimulus package is no doubt alluring to many companies,...AdminLaw BloggerImproper delegation of power to an attorneytag:typepad.com,2003:post-6a00d8341bfae553ef011571dd7f34970b2009-07-08T18:23:59-04:002009-07-08T18:23:59-04:00From the Law of the Land blog of Patty Salkin (Albany), "Attorneys for Plan Commission Lack Authority in a Mediation to in Essence, Approve Subdivision Application". Following denial of its request for primary plat approval for a subdivision, [the developer]...AdminLaw BloggerTheory: Agency self-limitationtag:typepad.com,2003:post-6a00d8341bfae553ef011571d04009970b2009-07-06T23:40:27-04:002009-07-06T23:40:27-04:00Elizabeth Magill (Virginia) has published "Agency Self-Regulation" on bepress. Abstract: Discretion is at the center of most accounts of bureaucracy. Legal scholars in particular have called for agency supervisors, such as Congress, the courts, or the President, to tame that...AdminLaw BloggerArising from contract or statutory obligations?tag:typepad.com,2003:post-6a00d8341bfae553ef011570d95a94970c2009-07-06T20:23:16-04:002009-07-06T20:23:16-04:00When the state regulates the contractual relations between private parties, does the matter "arise" from the contract or from the statutory requirements of the regulation? This issue arose in a recent Arizona case where a tile contractor appealed from a...AdminLaw BloggerDeveloper and town slug it out for more than a decadetag:typepad.com,2003:post-6a00d8341bfae553ef011571cc5bf4970b2009-07-06T17:07:51-04:002009-07-06T17:07:51-04:00On her Law of the Land blog, Patty Salkin (Albany) narrates a battle between a developer and a New York town in "Town’s Request for Supplemental Information Related to Downsizing of Shopping Mall Upheld": After more than eleven years of...AdminLaw BloggerNew administrative law articlestag:typepad.com,2003:post-6a00d8341bfae553ef011571cc029f970b2009-07-06T16:09:31-04:002009-07-06T16:09:31-04:00From the University of Washington's Current Index to Legal Periodicals: Atwood, Denise A. Comment. Riding helmetless: personal freedom or societal burden? 1 Phoenix L. Rev. 269-293 (2008). [H]|[L]|[W] Bauerle, Keith G. The Ninth Circuit's "clarifications" in Lands Council v. McNair:...AdminLaw BloggerState APA interpretation (New York)tag:typepad.com,2003:post-6a00d8341bfae553ef011571945768970b2009-06-30T20:21:30-04:002009-06-30T20:21:30-04:00From the New York Public Personnel Law blog, "New York’s Administrative Procedures Act does not require a State agency to issue a declaratory ruling when requested": The genesis of this lawsuit was the New York State’s Department of Agriculture and...AdminLaw BloggerWhy statutory and regulatory construction is so importanttag:typepad.com,2003:post-6a00d8341bfae553ef0115719453ad970b2009-06-30T20:12:35-04:002009-06-30T20:12:35-04:00Posted by James Robenalt on Williams Kastner's Northwest Indian Law & Business Advisor blog, "Washington Court Rules Tribes Are Not 'Persons' Under CERCLA": In a June 19, 2009 ruling from the United States District Court, Eastern District of Washington, in...AdminLaw BloggerStanding of third parties to sue in administrative matterstag:typepad.com,2003:post-6a00d8341bfae553ef0115718a0b4a970b2009-06-29T20:06:26-04:002009-06-29T20:06:26-04:00It's intuitive that a regulated person has standing to ask for judicial review of an adverse administrative action. However, other people may be affected by the action - when can they sue? It would be unwieldy and arguably a violation...AdminLaw BloggerNew administrative law articlestag:typepad.com,2003:post-6a00d8341bfae553ef01157093c165970c2009-06-29T15:40:29-04:002009-06-29T15:40:29-04:00From the University of Washington's Current Index to Legal Periodicals: Bryant, Beth C. Adapting to uncertainty: law, science, and management in the Steller sea lion controversy. 28 Stan. Envtl. L.J. 171-211 (2009). [H]|[L]|[W] Bunbury, Mark A., Jr. Recent development. "Forty...AdminLaw BloggerAh, the joys of cell tower fightstag:typepad.com,2003:post-6a00d8341bfae553ef0115707e60c1970c2009-06-27T18:32:09-04:002009-06-29T19:16:57-04:00Ah, the joys of cell tower fights. They happen often enough that many lawyers run into at least one during their practice careers. On her Law of the Land blog, Patty Salkin (Albany) reviews an Indiana battle in "Municipal Lease...AdminLaw BloggerTheory: Judicial unripeness as incentive for regulator rent-seekingtag:typepad.com,2003:post-6a00d8341bfae553ef0115707c1b14970c2009-06-27T12:58:31-04:002009-06-27T12:58:31-04:00Recently posted on SSRN: "Ripe Standing Vines and the Jurisprudential Tasting of Matured Legal Wines: Property and Public Choice in the Permitting Process" by Donald J. Kochan (Chapman). Abstract: From produce to wine, we only consume things when they are...AdminLaw BloggerExhaustion of administrative remedytag:typepad.com,2003:post-6a00d8341bfae553ef0115715b30f1970b2009-06-25T18:04:25-04:002009-06-25T18:04:25-04:00From the New York Public Personnel Law blog, "The doctrine of the exhaustion of administrative remedy": Matter of Mirenberg v Lynbrook Union Free School Dist. Bd. of Educ., 2009 NY Slip Op 05138, decided on June 16, 2009, Appellate Division,...AdminLaw BloggerAribitrary and capricioustag:typepad.com,2003:post-683865412009-06-22T20:50:39-04:002009-06-22T20:50:39-04:00From Patty Salkin (Albany) on her Law of the Land blog: "Imposition of Scenic and Conservation Easement on Issuance of Natural Resources Permit Invalidated". A New York appeals court upheld the invalidation of a scenic and conservation easement imposed by...AdminLaw BloggerResearch: OpenRegs.comtag:typepad.com,2003:post-683798052009-06-22T16:48:25-04:002009-06-22T16:48:25-04:00From Jason Sowards on the RIPS Law Librarian blog, published by the Research Instruction & Patron Services Special Interest Section of the American Association of Law Libraries: My inner administrative law geek has found a new site that it cannot...AdminLaw Blogger