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Articles in Channel: Administrative Law
Kansas House committee removes provision requiring state courts order funding as required by the U.S. Constitution
Yesterday I noted with respect to a Minnesota bill that it was common for legislators to propose constitutional amendments to prohibit state courts from ordering funds to be expended. Late last week Kansas’ House Judiciary Committee advanced just such a bill, but with an interesting change....
By Ricardo Carvajal – A divided 6th Circuit panel affirmed a lower court’s ruling that some provisions of the Family Smoking Prevention and Tobacco Control Act (“Tobacco Act”) are unconstitutional, but others are not. As we noted in a prior...By Ricardo Carvajal – A divided 6th Circuit panel...
Wisconsin Appellate Court finds Local Billboard Regulation does not Preempt County from Regulating Billboards
The Adams Outdoor Advertising company sought to construct a billboard in the Town of Madison. Adams obtained permits from the Town and the Wisconsin Department of Transportation, but did not from the County of Dane. Adams brought this action, seeking declaratory judgment ascertaining whether or...
You Had Us At “Biosimilars,” FDA; Agency Ties Up Yet Another Biosimilars Loose End With Petition Response Concerning Certain “Biological Drugs”
By Kurt R. Karst – FDA’s issuance of three long-awaited and highly anticipated draft biosimilar guidances earlier this year (see our previous post here) seems to have hardly whet industry’s appetite for information on the Agency’s interpretation of Section 351(k)...By Kurt R. Karst...
New Hampshire House effort to create 7-year terms for judges taken off the table, may have vote this afternoon Update: Effort fails 172-176 on procedural vote
Judges in New Hampshire’s state courts, after their appointment by the governor and confirmation by the state’s executive council, serve until age 70, must to the angst of several members of the legislature. CACR 11, introduced initially in 2011, would replace this with 5-year terms...
This post is a bit over due, but I promised the gathered throng at the San Antonio Bar Association to upload my PowerPoint presentation. So here you will find "Don't Be Ugly" about how to make your brief more persuasive through good typography and document design. Of course, the most...
Bills that would prohibit courts from ordering or directing the expenditure of state funds are nothing new. When courts have ordered increased funding, for schools for example, there has been anecdotal evidence that court budgets have been reduced in retaliation. Minnesota’s SB 2454, however,...
Indiana Appellate Court Finds Restrictive Covenant in Planned Unit Development does not Amount to a Zoning Ordinance
Heide and Wilkerson own residences in the Benjamin Crossing planned unit development and sought to operate child care homes in their respective residences. The applicable restrictive covenants and local law did not permit such a use in their residences, and thus the landowners filed a complaint...
Arizona Appellate Court Finds Lower Court Lacked Jurisdiction to Hear Appeal on Nonconforming Status of Mobile Homes For Failure to Follow State Administrative Procedure
In 1998, new zoning regulations became effective implementing minimum space requirements for mobile home lots; however, these regulations were not immediately enforced. From 2003-2010, Stagecoach sought and received permits for thirty-four mobile homes that did not meet the space requirements. In...
As an update to previous entries regarding Iowa's fence law, the 2011 proposed legislative changes (Senate File 2102) failed to make it out of subcommittee. We will have to wait another year to see whether the legislature decides to modify the century-old statute, in...