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Full-Text Articles in Law
The Regulation Of Internet Gambling In The United States: It's Time For The Federal Government To Deal The Cards, Benjamin Miller
The Regulation Of Internet Gambling In The United States: It's Time For The Federal Government To Deal The Cards, Benjamin Miller
Journal of the National Association of Administrative Law Judiciary
This comment will provide an overview of the history of gambling laws and regulations in the United States to establish a framework for the analysis of regulation of Internet gambling. Next, this comment will discuss the current state of the law regarding Internet gambling in the United States and the effects of recent legal developments in the industry. This comment will expound on state action in the realm of Internet gambling, including proposed legislation, the expansion of state gambling commissions, and successfully enacted legislation. Finally, this comment will analyze the implications of state actions and how they relate and contribute …
Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert
Conception To Distribution: Vertical Integration In The Television Production And Isp Industry , Megan Sieffert
The Journal of Business, Entrepreneurship & the Law
The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals. First, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as they have the opportunity to gain popularity through social media networks and word of mouth, the healthy competition seen in the former entertainment industry is …
Is It The End Of An Era Or The Beginning Of An Error? The American Medical Association Finally Approves Work Hour Limits For Overworked & Sleep Deprived Medical Residents: Should Osha Still Step In?, W. Paige Hren
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez
Goldberg V. Kelly, Welfare Reform, And The Case Against Judicial Review For The Client In State Public Assistance Hearings, Brenda Brown Perez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt
Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan
Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Maine's Battle In America's Other Drug War: Pharmaceutical Research And Manufacturers Of America V. Walsh, Lynsey Mitchel
Maine's Battle In America's Other Drug War: Pharmaceutical Research And Manufacturers Of America V. Walsh, Lynsey Mitchel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Balancing Administrative Efficiency And Fairness: Restrictions On Local Hearings Advisors Post-Nightlife Partners, Ltd. V. City Of Beverly Hills , Kelli Shope
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Oregon's Office Of Administrative Hearings: A Postscript, Thomas E. Ewing
Oregon's Office Of Administrative Hearings: A Postscript, Thomas E. Ewing
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Finding A Compromise: The Struggle Between Federal Regulation And State Sovereignty - Analyzing The Effects Of Mid-Con Freight Systems, Inc. V. Michigan Public Service Commission , Sindy Lie
Journal of the National Association of Administrative Law Judiciary
This case note will explore the U.S. Supreme Court's ruling in Mid-Con Freight Systems, Inc. v. Michigan Public Service Commission. Part II will outline the historical background of the law at hand. Part III will lay out the essential facts of the case. Part IV will analyze and critique the majority and dissenting opinions. Part V will discuss the legal, administrative, and societal impact of the holding. Finally, Part VI will conclude the case note.
Social Welfare Reform: An Analysis Of Germany's Agenda 2010 Labor Market Reforms And The United States' Personal Responsibility And Work Opportunity Reconciliation Act (Prwora) Of 1996 , Jennifer Allison
Journal of the National Association of Administrative Law Judiciary
This comment presents a historical view of the social welfare systems in the United States and Germany. It then explains and analyzes recent large-scale reforms made to each country's social welfare system - the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 in the United States, which profoundly impacted the availability of welfare benefits to poor Americans, and Germany's Agenda 2013 campaign, which reformed Germany's system of providing benefits to the long-term unemployed.
Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird
A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray
Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Alternatives To Judicial Branch Congestion, John G. Farrell
Administrative Alternatives To Judicial Branch Congestion, John G. Farrell
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
How Administrative Law Halted The Death Penalty In Maryland , Arnold Rochvarg
How Administrative Law Halted The Death Penalty In Maryland , Arnold Rochvarg
Journal of the National Association of Administrative Law Judiciary
Numerous arguments have been raised to halt the death penalty, including constitutional claims such as ineffective assistance of counsel, equal protection, right to trial by jury, and cruel and unusual punishment. The winning argument, however, in Evans v. State, a Maryland death penalty appeal, was based not on constitutional or criminal law, but rather Administrative Law. A death row inmate attacked the validity of the procedures for administering lethal injection capital punishment because the Maryland Department of Corrections had not followed the proper statutory procedures for adopting the regulation which set forth the capital punishment process. In order for a …
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Due Process; A Detached Judge; And Enemy Combatants, Julian Mann Iii
Journal of the National Association of Administrative Law Judiciary
In the landmark administrative law decision of Goldberg v. Kelly, Justice Brennan stated that an “impartial decision maker is essential” to procedural due process. As a corollary, in the more recent decision of Hamdi v. Rumsfeld, Justice O'Connor stated that “due process requires a neutral and a detached judge in the first instance.” Thus, the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution require that the essential element of neutrality remain an integral part of any administrative hearing. There can be no departure from this fundamental guarantee of constitutional due process for the administrative hearings …
Trust Issues: Will President Barack Obama Reconcile The Tenuous Relationship Between Antitrust Enforcement Agencies?, Kelly Everett
Trust Issues: Will President Barack Obama Reconcile The Tenuous Relationship Between Antitrust Enforcement Agencies?, Kelly Everett
Journal of the National Association of Administrative Law Judiciary
Given the importance President Obama has placed on antitrust law, this comment will address the tenuous relationship between the FTC and the DOJ, and the likelihood the Obama Administration will reconcile it. This comment will first explore the development and purpose of antitrust law in the United States. Second, it will discuss why the FTC and DOJ have a contentious and ineffective relationship. Third, it will address the narrowing effect the Obama Administration is likely to have on antitrust enforcement, despite the downturned economy. Finally, this comment will summarize what circumstances created a climate of under-enforcement and uncertainty, and describe …
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
The Supreme Court's Bright Line Ruling In Riegel V. Medtronic, Inc. Gives Manufacturers Of Defective Medical Devices Broad Immunity, Sadaf Bathaee
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe
The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
The Social Security Administration (SSA) is wading in waters knee deep and fast rising when it comes to what is described in repeated news stories as a rising tide of backlogged Social Security disability appeals. A change in the essential jurisprudence underlying hearings afforded to those appealing an administrative denial of Social Security disability benefits is necessary to remedy the single most pressing issue in the hearings and appeals process - the hue and cry over the pending backlog of such cases.
Preemption And Regulatory Failure, David C. Vladeck
Preemption And Regulatory Failure, David C. Vladeck
Pepperdine Law Review
Daily front-page stories recounting the failure of defibrillators, pacemakers, heart stents and infusion pumps have raised questions about the adequacy of FDA regulation of medical devices. At the same time, lower courts are struggling to apply the Supreme Court's ruling in Medtronic, Inc. v. Lohr to determine the preemptive reach of the Medical Device Amendments ("MDA"). This article explores the repercussions of Medtronic and argues that Congress' use of words like "requirements" in regulatory statutes should be seen as references to positive state law only, and should not be read, absent an explicit command by Congress, to subsume state law …
Managing Air Traffic Congestion Through The Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, And - Privatization?, Justin T. Barkowski
Managing Air Traffic Congestion Through The Next Generation Air Transportation System: Satellite-Based Technology, Trajectories, And - Privatization?, Justin T. Barkowski
Pepperdine Law Review
No abstract provided.