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….

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.….

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)….

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….

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: .….

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….

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….

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….

(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….

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….

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….