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Articles 1 - 9 of 9

Full-Text Articles in Law

Aids And Government: A Plan Of Action, Taunya L. Banks Jun 2008

Aids And Government: A Plan Of Action, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


Aids And Government: A Plan Of Action, Taunya L. Banks Jun 2008

Aids And Government: A Plan Of Action, Taunya L. Banks

Taunya Lovell Banks

No abstract provided.


Agency Preemption And The Shimer Analysis: Unmasking Strategic Characterization By Agencies And Giving Effect To The Presumption Against Preemption, Karen Jordan Jan 2008

Agency Preemption And The Shimer Analysis: Unmasking Strategic Characterization By Agencies And Giving Effect To The Presumption Against Preemption, Karen Jordan

Karen A. Jordan

Significant federalism concerns are raised when state products liability actions are preempted by federal regulatory schemes. For example, the FDA has recently taken the position that its approval of the labels on prescription drugs preempts civil tort claims grounded in a manufacturer’s failure to warn. Using the FDA’s recent stance on the issue of preemption, this Article demonstrates that federal agencies can engage in “strategic characterization” by pointing to Congress as the source of preemption, rather than the agency itself. In doing so, agencies avoid political and judicial scrutiny of agency action. This Article proposes that courts use a more …


The Legal Infrastructure Of Subprime And Nontraditional Mortgage Lending Dec 2007

The Legal Infrastructure Of Subprime And Nontraditional Mortgage Lending

Patricia A. McCoy

This paper provides a critical analysis of the legal landscape of residential mortgage lending and explains how federal law abdicated regulation of the subprime market. First, the paper presents the historical backdrop to government oversight of mortgage lending and identifies the changes to and innovations in the lending process that contributed to the recent transformation of the residential mortgage market. We then describe recent attempts at the state and federal level to re-regulate and the backlash initiated by the federal banking agencies to thwart regulation of their constituent banks through preemption, resulting in parallel universes of regulation. Next, the article …


Acerca Del Dominio Público Y Dominio Privado Del Estado., Walter Vásquez Rebaza Dec 2007

Acerca Del Dominio Público Y Dominio Privado Del Estado., Walter Vásquez Rebaza

Walter Vásquez Rebaza

No abstract provided.


El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano Dec 2007

El Sistema De Solución De Controversias Entre Estados, Pierino Stucchi, Luis García-Corrochano

Pierino Stucchi

No abstract provided.


The Importance Of Professionalism, John L. Gedid Dec 2007

The Importance Of Professionalism, John L. Gedid

John L. Gedid

No abstract provided.


Achieving Policymaking Consensus: The (Unfortunate) Waning Of Negotiated Rulemaking, Jeffrey Lubbers Dec 2007

Achieving Policymaking Consensus: The (Unfortunate) Waning Of Negotiated Rulemaking, Jeffrey Lubbers

Jeffrey Lubbers

Introduction: As the ADR movement made its way from the courts to the agency hearing rooms in the 1980s, negotiated rulemaking (sometimes called "regulatory negotiation" or simply "reg-neg") also emerged on a parallel track as an alternative to traditional procedures for drafting proposed regulations. This exemplar of regulatory reform was based on two insights: (1) that the usual process of written notice-and-comment rulemaking has an intrinsic weakness because stakeholders engaged in it do not interact with each other or with the agency; and (2) in certain situations, it is possible to bring together representatives of the agency and the various …


Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow Dec 2007

Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow

Donald J. Kochan

Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …