Administrative Law
Lujan v. Defenders of Wildlife

Facts: Lujan, the secretary of the Interior is representing the federal government. Defenders of Wildlife is an organization that exists for the purpose of protecting endangered animals. In 1973 the federal government enacted Section 7(a)(2) of the Endangered Species Act, which was originally designed to protect endangered species in the United States and foreign nations. However, the law was scaled back to only apply to the United States and the high seas. Defenders of Wildlife filed a lawsuit to enjoin Lujan to reinstate the older phrasing of the rule. The case was dismissed at the district court level for lack of standing, the 8th circuit court of appeals affirmed and the Supreme Court granted cert.

Issue: What must a party show to prove standing?

Decision: In order to show federal standing, the party must prove that there was actual injury suffered. The injury must be actual meaning…...

Administrative Law & Due Process
The legal foundation for due process in the U.S. is the 5th Amendment which stipulates that the infringement of certain rights of citizens with respect to life, liberty, and property will not be permitted without due process of law. The two fundamental aspects of due process are notice and hearing. The processes themselves have evolved over time, but they are manifestations of the idea that deleterious legal action is not to be taken without notice to those impacted, and that deleterious legal action is not to occur -- even when notice has been given -- without sufficient consideration and evidence that the action is appropriate under the law.

However, due process has been found by the courts to be adequate in both a pre-termination and a post-termination, as determined by a three-part test. In the first test, the impact on the person and the nature of the…...

Fairness and due process were not all that were learned in the course, however. Agency discretion is another significant issue today, and it is important here to name, describe, and give an example of two different types of agency discretion as seen in Hall's (2004) textbook. The first one of these is prosecutorial discretion, and this took place in the case of General Motors v. Federal Energy Regulatory Commission. Prosecutorial discretion is generally involved with criminal cases and actions, such as was the case of General Motors. A complaint was filed, but the agency that was in charge of dealing with those types of complaints exercised its discretion and decided not to proceed any further when it came to a prosecution of the company. It was found that the agency acted correctly in deciding that it was not going to take any action on the complain or proceed with any…...

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Bibliography

Barr, S. (2002, January 1). A Graham of prevention. CFO Magazine. Retrieved at  http://www.cfo.com/article.cfm/3002750?f=search .

Hall, D.E. (2004). Administrative law. Bureaucracy in a democracy. 3rd ed. Pearson Prentice Hall. Upper Saddle River, NJ.

Administrative Law & Health eform
The entire discussion regarding health care reform in the United States is greatly influenced by ethical and policy considerations. The field of health care is vast and complicated and is even hard to define. The debate ranges from what should be the mission of health care in America; to what should be its function; and what services should be available (Fein, 2003). Adding to the debate is what role the government should play in providing and paying for health care. Finding answers to these questions is not easy and has been the source of considerable acrimony.

One of the seminal issues in health care is where does personal responsibility end and public responsibility begin? (Steinbrook, 2006)There can be no doubt that everyone has a duty to maintain his or her own health but at some point it becomes incumbent on society to absorb some of this cost.…...

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References

Fein, R. (2003). Universal Health Insurance-Let the Debate Resume. Journal of American Medical Association, 818-820.

Foster, R.S. (2010). Estimated Financial Effects of the "Patient Protection and Affordable Care Act" as Passed by the Senate on December 24,2009. Baltimore, MD.: Department of Health & Human Services.

Manchikanti, L. (2011). Patient Protection and Affordable Care Act of 2010: Reforming the Health Care Reform for the New Decade. Pain Physician, 35-67.

Pew Center. (2010). Pension and retiree Health care Reform in the States. Retrieved December 6, 2011, from The Pew Center on the States:  http://www.pewcenteronthestates.org/initiatives_detail.aspx?initiativeID=61599

Australian Administrative Law
Seeking easons for an Administrative Decision

SOUTHEN FAMES GOUP LTD

Level 6, Juvenile House, 12 Independent Street, Adelaide

Facsimile: 323-7-895

The Honorable Mr. David Goren

DEPUTY COMMISSIONE OF TAXATION (SA)

Travel House

Income Tax Assessment Act 1936 s 263

Dear Mr. Goren,

equest for Statement of easons

We file this application on behalf of Southern Farmers Group Limited. We request for a written statement of material facts, evidence and reasons under section 263 of the Income Tax Assessment Act 1936 setting out the findings on material questions of fact, referring to the evidence and other material on which those findings were based and giving the reasons for the decision (Australian Conservation Foundation Incorporated v Commonwealth 1980).

Decision

My client has complained against four decisions made by the deputy of commissioner of taxation. In respect of the first three decisions (relating to access to premises) southern farmers group claims, in respect of each, that they were not authorized by s 263(1)…...

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References

Industrial Equity Ltd. v DCT (NSW) (1989) 90 ALR 603

Australian Conservation Foundation Incorporated v Commonwealth (1980) 146 CLR 493

Kioa v Minister for Immigration and Ethnic Affairs (West) (1985) 159 CLR 550

Douglas, R. (2009). Douglas and Jones's Administrative Law . Leichhardt, Sydney: Federation Press.

Politics of Administrative Law
An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York

As the 19th century drew to a close, the impact of the Industrial Revolution resulted in shifts in the social contract and witnessed the beginnings of the concentration of corporate power in the hands of big trusts and monopolies in the early 20th century. In response, the Supreme Court's decisions in several seminal cases served to shape the political, economic, and legal philosophies that resulted in NLRB vs. Jones & Laughlin Steel Corp. This paper will provide a background and overview of the cases involved, followed by an examination of how the legal consciousness of NLRB vs. Jones & Laughlin Steel Corp. challenged the Court's previous positions as exemplified in Munn vs. Illinois and Lochner vs. New…...

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Works Cited

Brauneis, Robert. "The Foundation of Our 'Regulatory Takings' Jurisprudence: The Myth and Meaning of Justice Holmes's Opinion in Pennsylvania Coal Co. V. Mahon." Yale Law Journal 106.3 (1996): 613-702.

Lochner v. New York. 198 U.S. 45 (1905).

Munn v. Illinois, 94 U.S. 113, 124 (1876).

NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1, 37 (1937).

Response 1 Case: Citizens to preserve Overton Park v. Volpe
This particular case was decided by the US Supreme Court. In essence, as Cann (2005) points out, the said court “clarified the guidelines for judicial review of discretionary agency actions” (153). It therefore follows that this is a case of great relevance in the realm of administrative law as it underlines the relevance of judicial controls (as opposed to political controls) over all those considerations as well as decisions that have an impact on the interests of the larger community. Thus, to a large extent, Citizens to preserve Overton Park v. Volpe could be considered the dawn of a new era in as far as American administrative law is concerned. In my opinion, there is need for courts to retain an oversight role over various administrative actions. This is the only way to ensure that Constitutional provisions are not ignored.
Response 2
Case: .…...

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References

Cann, S.J. (2005). Administrative Law (4th ed.). Thousand Oaks, CA: SAGE.

Duffy, F.D. & Herz, M.E. (2005). A Guide to Judicial and Political Review of Federal Agencies. New York, NY: American Bar Association.

Politics of Administrative Law -- einstein, ilson, and Shamir
hat is the political philosophy behind America's current state of federal and state administrative regulation? Although in an ideal historical environment, this would be easy to see in the recorded words of the Founding Fathers, the historian of American law is instead faced with a challenge, for the relationship between individual, state, and national government has changed considerably since this nation's founding. Also, the concept behind the historical and philosophic construction of administrative laws has varies considerably; depending on whether the political paradigm selected is political and corporative, economic, pluralist, or judicial in its nature and focus.

The historians and political philosophers James einstein, James Q. ilson, and Ronen Shamir, would no doubt all agree that a seismic shift occurred during the turn of the century in America, in terms of the way individual rights were conceptualized, and continued to become prioritized over…...

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Works Cited

Weinstein, James. The Decline of American Socialism, 1967.

Wilson, James Q. Political Organizations. New York: Basic Books, 1973.

health law and administrative law, according to Jost (2004), are law domains that are representative of the various approaches to classification. By definition, "health law encompasses law as it affects a particular industry -- the health-care industry" (Jost 2004). This particular kind of classification, therefore, regulates the relationship between the various healthcare industry stakeholders, including, but not limited to, the government, patients, health-care professionals, and health-care providers. Administrative law on the other hand is defined by the Black's Law Dictionary as "the law governing the organization and operation of the executive branch of government (including independent agencies) and the relations of administrative agencies with the legislature, the executive, the judiciary, and the public" (Jost 2004).
The agencies I select in an attempt to define how such agencies interact with the health care industry are The Federal Trade Commission, the Food and Drug Administration, and the Department of Justice. To begin…...

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References

FDA (2015). Regulatory Information: Legislation. Retrieved from  http://www.fda.gov/RegulatoryInformation/Legislation/ 

Jost, T.S. (2004). Health Law and Administrative Law: A Marriage Most Convenient. 49 St. Louis U.L.J. 1, 1-34

Torts in the Civil Court System
Within the American judicial system it is necessary to differentiate between actions committed by an individual which cause suffering, harm or loss to another person, and those which cause injury to society at large. The latter case, in which a crime affects the general public interest, is encompassed by the expansive United States criminal code, while the more delicate issue of determining liability in personal disputes is covered by the country's civil court system and its unique system of addressing torts. The legal term tort is derived from the Middle English for injury and has become entrenched in common law jurisdictions as a viable means to settle legal disagreements between two parties. Today tort law is the preferred tool with which judges, courts and magistrates apportion responsibility for an array of injurious actions, such as breach of contract, dereliction of duty, negligence, defamation of…...

Trenton School
The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.

Background Of Trenton School District

It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn continually and prepared…...

Administrative Agencies and Due Process
In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to limit these basic protections. Part of the reason for this was because, Congress wanted to safeguard former slaves and minorities from being discriminated against. ("The Civil Rights Act of 1866," 2011)

However, as time went by it became apparent that the more added protections were needed to ensure that everyone was given the same safeguards under the law. As a result, Congress passed the 14th Amendment to the U.S. Constitution. The established four basic principals that were designed to enhance the…...

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Bibliography

Board of Regents of the State Colleges v. Roth. (n.d.). Cornell University. Retrieved from:  http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0564_ZO.html 

Ceriorari. (2011). The Free Dictionary. Retrieved from:  http://www.thefreedictionary.com/certiorari 

The Civil Rights Act of 1866. (2011). Spartacus. Retrieved from: http://www.spartacus.schoolnet.co.uk/USAcivil1866.htm

Cleveland Board of Education vs. Loudermill. (n.d.). UMKC. Retrieved from:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/Loudermill.html

(Olson, 1999) the feminist theory is when you are making the arguments that the social structure in place is unfair or targeting a particular group of people. The critical legal studies theory is when you are looking beyond the issues of civil liberties and are instead focused on if the action is effective in supporting particular rights. The moral theory is when you are arguing that the best way to interpret the law is based upon what is best for society using: case precedent, established legal principals and the law. Intellectual capitalism is when you are arguing that freedom of speech is the best way for the minority of having their voices heard. Where, you are using the different actions to justify that the government could be stifling this free speech, which is leading the activity in question. The over regulation theory is when the federal / state government…...

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Bibliography

Amendment to the Bank Secrecy Act Regulations Reports of Foreign Financial Accounts. (2010). Retrieved May 19, 2010 from Regulations.gov website:  http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480aaf473 

History of Anti-Money Laundering Laws. (n.d.). Retrieved May 19, 2010 from Treasury Department website:  http://www.fincen.gov/news_room/aml_history.html 

Olson, B. (1999). Application of American Legal Theories. Retrieved May 19, 2010 from Boston College website:  http://www.bc.edu/bc_org/avp/law/st_org/iptf/commentary/content/1999122601.html 

Schlick, a. (2010). A Third Way Legal Framework for Addressing Comcast Dilemma. Retrieved May 19, 2010 from FCC website:  http://www.broadband.gov/third-way-legal-framework-for-addressing-the-comcast-dilemma.html

Laws Governing Business Entities
Laws Governing Business Organizations

Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.

Organization By-laws

laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.

Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered an intellectual property for every…...

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References

Anders J. Persson. The Contract of Employment: Ethical Dimensions. Journal of Business Ethics, vol. 66, No. 4 (July, 2006), pp 407 -- 415.

Charles R. Geer. Counter cynical Hiring as a Staffing Strategy for Managerial and Professional Personnel: Some Considerations and Issues. The Academy of Management Review, Vol. 9, No. 2, (Apr., 1984), pp. 324 -- 330.

David E. Bowen, Gerald E. Ledford, Barry R. Nathan. Hiring for the organization not the job; The Executive, Vol. 5, No. 4 (November 1991), pp 35 -- 51.

Douglas Smith, Smith (1999). Company Law. United Kingdom: Taylor & Francis.

One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.

Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from Jack…...

Constitutional law is one of the two most important types of law for anyone in the legal field to understand.  The United States legal system is derived from a combination of a common law tradition and constitutional law.  The common law tradition helps people understand the legal norms that are not expressly outlined in the Constitution or by legislation, while the Constitution places limits and guidelines on the rights and duties that can be governed by the law.  This is true with administrative law, which specifically addresses the laws related to various government agencies.  This is especially....

Sure! Here are a few essay topics on administrative law:

1. The role of administrative agencies in the modern regulatory state
2. The concept of administrative discretion and its impact on the rule of law
3. The principles of administrative law and their application in practice
4. The delegation of legislative authority to administrative agencies and its implications for democratic governance
5. Judicial review of administrative action and the limits of administrative power
6. The relationship between administrative law and other areas of law, such as constitutional law and criminal law
7. The challenges of administrative law enforcement and compliance in a rapidly changing global environment
8. The....

1. The Evolution of Administrative Law in the Digital Age: Assessing the Impact of Technology on Administrative Procedure and Agency Decision-Making

With the exponential growth of technology, administrative agencies are increasingly using digital tools to carry out their functions. This essay examines the implications of this technological transformation, exploring how it has influenced traditional administrative procedures, the nature of agency decision-making, and the accountability of agencies to the public.

2. The Role of Artificial Intelligence in Administrative Law: Balancing Efficiency with Fairness and Transparency

Artificial intelligence (AI) has emerged as a powerful tool with the potential to streamline and enhance administrative processes. However,....

The Human Rights Act 1998: A Comprehensive Tort Statute
The Human Rights Act 1998 (HRA) is a landmark piece of legislation that has profoundly impacted the legal landscape in the United Kingdom. It has been hailed as the most significant tort statute ever enacted, revolutionizing the way human rights are protected and enforced within the domestic legal system.
Statutory Provisions and Incorporation of the European Convention on Human Rights
The HRA incorporates the European Convention on Human Rights (ECHR) into UK law. It provides courts with the power to interpret and apply the ECHR in adjudicating cases, creating a direct connection between domestic....