Administrative Law

Happy Birthday, Mr. Vice President

Posted on January 04, 2008
Former Vice President, Ambassador and U.S. Senator from Minnesota, Walter Mondale, will turn 80 tomorrow.A still vigorous Mondale will apparently mark the occasion by delivering remarks to a State Senate Committee next Friday, January 11. Alongside former Minnesota Governor Arne Carlson, Vice President Mondale will urge state legislators to create a bipartisan commission on legislative redistricting...

Legislators are from Mars, Judges are from Venus

Posted on January 03, 2008
As noted in the posting immediately below, the Chief Justice of the United States issued his 2007 Year-End Report on the Federal Judiciary earlier this week. In the Report, Chief Justice Roberts declares that his first initiative in the New Year will be to ?carry on the efforts to improve communications with the Executive and Legislative Branches of government...

And Now, a Word from the Chief Justice of the United States ?.

Posted on January 03, 2008
In his 2007 Year-End Report on the Federal Judiciary, Chief Justice of the United States, John G. Roberts, Jr., requests a moment of our time:[A]s we begin the New Year, I ask a moment?s reflection on how our country might look in the absence of a skilled and independent Judiciary...

A Rough Day for Commissioner Fabian

Posted on January 02, 2008
On Monday, the same panel of the Minnesota Court of Appeals rendered defeats to the Commissioner of Corrections, Joan Fabian, in two separate appeals.In the first of the two appeals, the panel reversed a lower court dismissal of a suit for injunctive relief and money damages following the Commissioner?s denial of parole to one Lillian Simmons...

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Prominent Minnesotans Are Among Amici in Photo I.D. Case

Posted on December 31, 2007
On January 9, the Supreme Court of the United States will hear oral argument in the consolidated appeals of Crawford v. Marion City Election Board, and Indiana Democratic Party v. Rokita. At issue in these cases is whether ?an Indiana statute mandating that those seeking to vote in person, produce a government-issued photo identification, violates the First and Fourteenth Amendments to the United States Constitution...

The Very Long Arm of the Patent and Trademark Office

Posted on December 27, 2007
Rosenruist-Gestao E Servicos LDA ("Rosenruist") is a Portuguese company that, in 2002, filed a trademark registration with a branch of the United States Patent and Trademark Office in the Virginia suburbs of Washington, D.C. Virgin Enterprises Ltd., a British company that owns numerous United States registrations, opposed the registration of Rosenruist?s mark and commenced an administrative proceeding before the Trademark Trial and Appeal Board to prevent the registration...

Appellate Panel: Corrective Action of Special Education Laws Must Remediate Violation

Posted on December 26, 2007
In an interesting published opinion issued by the Minnesota Court of Appeals issued on Monday, an appellate panel reversed an earlier remediation order of the Minnesota Department of Education. The order directed Independent School District No. 192 to reimburse the parent of a disabled child one-half of the amounts that the parent had spent on hiring a private tutor for the child...

General Walker Highlights My $455,000 Second Mortgage

Posted on December 26, 2007
C-SPAN's "Podcast of the Week," is a provocative appearance by the Comptroller General of the United States, David Walker, at the National Press Club in Washington, D.C.Building upon his earlier "Fiscal Wake-Up Tour," General Walker argues that rising health care spending in the United States could potentially "sink the ship of state," as the Baby Boom Generation retires from the workforce...

A Quiet Christmas with Mr. Adams

Posted on December 25, 2007
With the courts adjourned for Christmas Day, I have curled alongside a roaring fire with my very favorite book ? The Portable John Adams ? which, as it turns out, was a loving holiday gift from Mrs. Within the Scope last year.A regulatory repealer that a young Mr...

Reading List for the Night Before Christmas

Posted on December 24, 2007
In the hopes that sometime this evening, all through my house, not a creature will be stirring, not even a mouse ? a truly rare event indeed in my home ? I have downloaded a few items that have been posted recently to the Social Science Research Network...

D.C. Circuit: Sure, This Delegation is Tricky ? But We?ve Seen Worse

Posted on December 20, 2007
Last Friday, a panel of the U.S. Court of Appeals for the District of Columbia Circuit reversed a lower court?s earlier dismissal of claims against the Armed Forces Retirement Home of Washington, D.C. In that case, the plaintiffs asserted that federal law entitled them to a court order enjoining the administrators of the Home to ?provide high quality health care? to the Home?s elderly residents...

Two Really Interesting Podcasts from AEI

Posted on December 19, 2007
The American Enterprise Institute has recently hosted two seminars that might be interest to readers of Within the Scope.The first, undertaken just last night, was the first Distinguished Lecture to AEI?s new Center for Regulatory and Market Studies. The lecture, entitled ?Extremism,? was delivered by Professor Cass R...

Illegality or Waste is Essential to Taxpayer Standing Analysis

Posted on December 18, 2007
A panel of the Minnesota Court of Appeals held today that absent evidence of an actual injury-in-fact, a taxpayer does not have standing (based upon his status as taxpayer) to challenge the constitutionality of an economic-development program which provides tax exemptions to other, specially-favored taxpayers...

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