Government Regulation 

 
The complex field of administrative law addresses how government agencies regulate the conduct of private parties, and the specialized procedures courts use in reviewing those restrictions. Whenever someone has a dispute with any governmental “department,” “agency,” “administration,” “bureau,” “board,” or “service,” administrative law is involved.

 

Stuart Miller has been deeply involved in administrative law for his entire career. He has been a litigator both for and against government agencies, has taught administrative law as a law school professor, and has been a prolific author on the subject. Indeed, most of the cases discussed in this website involved administrative law. His litigation victories, involving a wide array of administrative agencies, include:

 

Police

Mullally v. City of Los Angeles

49 Fed.Appx. 190 (9th Cir. 2002).

Representation of the Feminist Majority Foundation as a friend of the court in obtaining the reversal of a prison sentence for a whistle-blower who disclosed a departmental coverup of domestic violence by Los Angeles police officers. This case led to a comprehensive investigation by the LAPD Inspector General revealing widespread domestic violence by officers and systemic departmental protection of them.

 

Ruiz v. City of Rialto

10-01639 (C.D. Cal. 2011).

This action on behalf of nightclub owners resulted in the termination of an ongoing campaign of police harassment including demands for monthly payments of $15,000 for police services.

 

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Public Health

 

State of New York v. Radium Chemical Co.

16968/87 (Sup. Ct. Queens Co. 1987).

Enjoined the world’s largest radium facility to dispose of all radioactive material and decontaminate its premises. The EPA called the ensuing environmental cleanup “the most dangerous Superfund project ever.” (New York Times, Sept. 10, 1989.)

 

City of New York v. New St. Mark’s Baths

497 N.Y.S.2d 979, aff’d, 505 N.Y.S.2d 1015, app. dism., 512 N.E.2d 555 (1987).

Upheld and enforced an ordinance declaring commercial facilities promoting “unsafe sex” to be public nuisances. This was a landmark decision sustaining one of the first governmental responses to the AIDS epidemic, and is reproduced in law school textbooks on public health law.

 

Environment

As Assistant Attorney General in the New York State Department of Law, Stuart was entrusted with some of New York’s most difficult and sensitive environmental lawsuits, many of which are described throughout this website.

 

Employment

Happy Nails & Spa of Fashion Valley v. Su

(July 19, 2013) D060621, 159 Cal.Rptr.3d 503.

Business owners defeated a claim by the California Employment Development Department by proving that their workers are independent contractors rather than employees. Another state agency then brought a similar claim against the same business. In a 31-page decision, the Court of Appeal ruled that a judgment against one state agency precludes relitigation of the same issue by another state agency.

 

In addition to his work as a litigator, Stuart published over sixty articles as the administrative law columnist for the Los Angeles Daily Journal and San Francisco Daily Journal