Category Archives: Administrative law

Administrative law news articles, reiews, notes and blog examples.

Minnesota Winemakers Question the Constitutionality of Grape Source Requirements

Owners of two Minnesota wineries are challenging the state’s law which limits wine production by Minnesota-licensed farm wineries to predominantly Minnesota-grown grapes. In 2017, Alexis Bailly Vineyard and Next Chapter Winery challenged a provision of the state’s law and argued that the law is a violation of the U.S. Constitution’s interstate commerce clause. The case was dismissed by a federal judge, who suggested it was possible for a winery to obtain other winery licenses in Minnesota which would allow the winery to produce wine from grapes sourced from outside the state. In many states, a farm winery license does require the use of state-grown grapes. In some states, such as New York, farm winery licensees must produce wine made entirely from state-grown grapes (or other fruits or agricultural products grown within the state). N.Y. ABC § 76-a(5)(a).  There can be some exceptions—such as when a state declares a natural….. To continue reading this legal news please click Read full information...

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The Grounding of the Boeing 737 MAX

Last October, a Boeing 737 MAX 8 operated by Lion Air plunged into the sea in Indonesia shortly after takeoff, killing all 189 people on board. Four and a half months later, another Boeing 737 MAX 8 crashed shortly after takeoff in Ethiopia, killing all 157 passengers and crew. Regulators around the world fear that the 737 MAX 8 and 9 aircraft or its control software may have serious safety flaws. Dozens of aviation agencies and airlines worldwide have temporarily grounded these planes pending further investigations into their airworthiness. The U.S. Federal Aviation Administration (FAA), after initially stating that there was “no basis” for grounding the planes, later reversed its stance due to “new evidence” from the crash site. By contrast, within 48 hours of the Ethiopian crash, the EU, Australia, China, United Kingdom, and other countries adopted bans on 737 MAX 8 and 9 aircraft. The still-ongoing investigation of the Lion Air crash revealed a….. To continue reading this legal news please click Read full information...

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Out of the Mouths of Babes

Gabriella Sanchez, “Circuit Children”: The Experiences and Perspectives of Children Engaged in Migrant Smuggling Facilitation on the US-Mexico Border, 11 Anti-Trafficking Review 103 (2018). Jaya Ramji-Nogales International and domestic laws aimed at protecting children involved in human smuggling generally operate under the assumption that these children are vulnerable and defenseless prey to dangerous and violent criminals, for whom they work against their will. In her recent article, “Circuit Children”: The Experiences and Perspectives of Children Engaged in Migrant Smuggling Facilitation on the US-Mexico Border, sociologist Gabriella Sanchez uses original qualitative fieldwork to upend or at least nuance this claim that sits at the heart of current anti-smuggling laws. The children whose stories she tells offer a much more complex picture of their role in helping others navigate the U.S.-Mexico border. While many scholars have decried the….. To continue reading this legal news please click Read full information...

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Procedures required to be followed by an appointing authority seeking to place an employee on disability leave pursuant to Civil Service Law §72 involuntarily

The basics with respect to placing an employee on ordinary disability leave pursuant to §72 of the Civil Service Law* involuntarily, except where the appointing authority determines that the individual's continued presence at the job site constitutes a danger to the individual or to his or her coworkers or agency clients within the meaning of §72.5 of the Civil Service Law, are as follows:1. An employee may not involuntarily be place leave pursuant to §72.1 of the Civil Service Law by an appointing authority until employee has been first examined by a physician designated by the State Department of Civil Service or the municipal civil service commission having jurisdiction;2. In the event the physician certifies that the individual is unable to perform the duties of his or her position and the appointing authority decides to place the individual on §72.1 leave, the employee must be notified of this decision and of his or her right to appeal the….. To continue reading this legal news please click Read full information...

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UN Report Labels South Sudanese Oil Industry as Key Driver of Continuing Conflict

On February 20th, the Commission on Human Rights in South Sudan, a United Nations Human Rights Council investigative body, released a report documenting continuing violations including potential war crimes and crimes against humanity, despite the signing of a peace agreement in October 2018. The report is particularly notable from a legal perspective because it labels the South Sudanese oil industry as “a major driver for the continuing violence, the ensuing human suffering, and the violations of international humanitarian law witnessed there.” In fact, the three major joint oil ventures in the country, between Nile Petroleum Company, the state-owned oil company, and Chinese National Petroleum Company, Petronas of Malaysia, and the Indian Oil and Natural Gas Corporation, have already been designated by the U.S. Department of Commerce as violators of American policy and national security interests. However, despite this, it must be asked: will these companies likely….. To continue reading this legal news please click Read full information...

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