administrative legal research: federalism & power-sharing with entertainment law example
DESCRIPTION
Slides to accompany my presentation on local, state and regional rule-making and regulations with examples drawn from entertainment law and food and beverage law.TRANSCRIPT
Administrative Legal Research:Federalism & Power-Sharing
Neal R. AxtonInformation Resources
Who is this man?
Biographical Sketch
• Dennis Rader, Aged 59• Married with Children• Lived in Park City, Kansas (suburb of
Wichita)• Deacon at a Lutheran Church• Worked as a Compliance Officer –Housing– Zoning–Animal Control
Compliance Officer
• Compliance with state, county and municipal codes, rules and reg’s– Height of Grass– Parking Legally– Public Nuisance / Noise Ordinances– “Junk” Cars– Dog Ordinance– Heating your home/garage– Smoke Detectors– Household Hazardous Waste
Alter Ego• After a 31-year investigation, police
arrest Dennis Rader as the BTK killer• BTK was caught through metadata on a
computer disk he submitted to police to taunt them• Confessed to 10 murders in 2005• Sentenced to 9 life sentences & “hard 40”• BTK stands for ?
Regulatory State
Everything I do is either illegal, immoral, or fattening.
- W.C. Fields
Compliance Officer was perfect post to investigate people’s homes and private lives.
Nanny State, Surveillance vs Dataveillance
Who shall guard the guardians?
- Plato
Jurisdiction• United Nations• Foreign• Federal• State• Tribal• County• Municipal Corporation aka City• Quasi-Municipal Corporation
Ramsey County Ordinances
Clean Water Act
Municipal Ordinances
http://mn.gov/lawlib/ordinance.html
True or False?
City inspectors (e.g. Minneapolis) can enforce:
• federal law• state law• county ordinances • local ordinances
Governing is a Shared Responsibility
• Balance of Powers• Federalism– Local is Arguably Better– Beyond Reach of Boehner!
Municipal Ordinances• Police Powers
– Health, Welfare, Morality, Safety
• Home Rule
– Cf. Dillon’s Rule
Police Powers via Wikipedia
https://en.wikipedia.org/wiki/Police_power_(United_States_constitutional_law)
Corporate Law?• Municipal Corporations
– Antecedents– Roman Law
– City-States
– Common Law
– Corporate Charters– Quasi-Municipal Corporations
• League of Minnesota Cities – http://www.lmc.org/
LMC today
City Agencies & Rule-Making• Home Rule
– Cf. Rule in Dillon’s Case
• Formal Rule-Making– Hearings
• Informal Rule-Making– Notice and Comment
• Hybrid Rule-Making– Legislative Decreed Hoops to Jump Through
Delegating Discretion
The modern tendency is to be more liberal in permitting grants of discretion to administrative officers in order to facilitate the administration of laws as the complexity of economic and governmental conditions increases.
Dunnell’s Digest, Administrative Law, Sec. 1.00d
Minnesota
• Minnesota never adopted Model APA
• Minnesota APA, Minn. Stat. Chapter 14
circa 1945
• Proposed Rules published in
State Register
• Minnesota Rules (compiled since 1970)
• Office of Administrative Hearings (OAH)
Minnesota Regulations
• Chronological: Minnesota Register
• Topical: Minnesota Rules
Chronological Rules
•Order they were adopted
•Most recent supersedes
Basic Overview ofInformal Rule-making Process
•Proposed Rule•Comment Period• Final Rule
•Codification
Overview of Minn.’s Formal Rule-making Process (Ch. 14)• Statement of Need & Reasonableness• 30 Day Notification Period• Proposed Rule• 30 Day Comment Period• If 25+ Comments = OAH Hearing• Final Rule• Codification
Questions?
A business in a government setting…
http://bit.ly/mn-register
https://www.revisor.mn.gov/state_register/
Jurisdiction• United Nations• Foreign• Tribal• Federal• State• Metropolitan Council• County• Municipal Corporation aka City• Quasi-Municipal Corporation
Two Types of Proposals
Bueller? Bueller?
End of Preamble & Rule Text
Rules Browse
https://www.revisor.mn.gov/rules/
Switch to Numerical View
Toggle Switch
Agency View
https://www.revisor.leg.state.mn.us/rules/
External Links
OAH
http://mn.gov/oah/
“Trial Type” Hearings
Questions?
http://mn.gov/portal/government/state/agencies-boards-commissions/
http://bit.ly/mn-agencies
Minnesota Bluebook• http://www.sos.state.mn.us/index.aspx?page=1744
• http://bit.ly/MNbluebook
DPS
Questions?
Default Research PlanPrimary Law (by Jurisdiction)
• Statutes• Regulations• Executive Orders• Case Law– Shepardize or Keycite
Secondary Law or Legal Commentary
• Nutshells• Treatises• Practice-Oriented Materials
http://www.leg.state.mn.us/
http://bit.ly/2014HF2724
http://www.leg.state.mn.us/
Search Box
Search Box Options
More button leads you here.
Start in Minn. Statutes
Index to Minn. Agency Rules
Too many rules?
Q is for Quarantine
Follow the Arrow
So many diseases
Bloodborne
OSHA rules?
Questions?
Obama Care
Thanks but No Thanks
Belay that!
• http://www.leg.mn/archive/execorders/11-02.pdf
http://www.leg.state.mn.us/lrl/execorders/
Minnesota Executive Order Search Engine
Most Recent M.G.E.O’s
Satire
http://www.thedailyshow.com/watch/thu-october-10-2013/medican-t
http://bit.ly/medicant
Questions?
Entertainment Law• Growth of Entertainment
• Bread and Circuses?
• Transactional Law
• Litigation– Torts
• Intellectual Property
• Violence– Can States or Cities Ban Violent Video Games?
Entertainment Law Treatise
Overview• Sports Law
• Entertainment• Movies• Faith-Based Films• TV
– Cable, Airwaves, Satellite • Live Theater
– Broadway• Adult Films• Music Industry
– Live Productions• Video Game Industry
Videogames – Different Realms• World of Warcraft
– Magic Circle Games– MMORPG
• Grand Theft Auto
– Open World Games
• Second Life
– Virtual Worlds as Adjunct to Real Life (In Real Life… IRL)
Evolution
Acting in Video Games• Voice Talent
– Samuel L. Jackson– Kyle MacLachlan– Ice-T– Ray Liotta– Ricky Gervais– Jenna Jameson
• Street Dialogue Actors
• Motion Capture
• Transactional Work– Contracts– Royalties
Mainstreaming?
Entertainment & Local Lawhttp://bit.ly/1hIMyqc
Measure B impact?
http://bit.ly/porn-flee-LA
Cities and Entertainment
Liquor by the Drink
Speaking of Drugs…Good Public Policy or Socialism?
Soda Ban Killed
Questions?
Link
January 24, 2013
18 deaths linked to caffeine overdoses
Link
http://bit.ly/1oCCybP