Law Commons^™

The Sanction Regime Applicable To An Illegal Direct Award Initiated Before The Remedies Directive Has Taken Full Effect, Emanuela A. Matei

Emanuela A. Matei

The respect due to the transparency principle in public procurement law is embodied by the obligation to publish in advance a contract award notice. In Sweden an award in breach of the named obligation is subject to a stricter regime of penalties according to national law, though the application of the prescribed sanction has been limited to awards being initiated subsequent to 15 July 2010. Judicial proceedings at last instance have been kept and a final judgment has been given in favour of the contracting authority. The Supreme Administrative Court interprets the national public procurement law by making reference to …

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …

Liabilities For Design Defects In A Collaborative, Integrated, Digital Age, Juan Jonnathan Bravo, Jaime Gray

Jonnathan Bravo Venegas

The purpose of this article is to address the new challenges concerning liabilities arising from errors or defects in construction projects that employ new design methods and techniques such as BIM and new collaborative project delivery systems. Following an examination of some relevant legal issues, with particular emphasis on the Peruvian Civil Code, the authors propose that parties should clearly establish in their agreements the scope of work or services and the liability each of them should bear.

Mr., Johnmary Jideobi

JOHNMARY CHUKWUKASI JIDEOBI Esq.

As the title of this article suggests, the preoccupation of this writer is to embark on a voyage of enquiry into the issues and controversies stirred by and surrounding the governorship election held on November 16th,2013 in Anambra State of Nigeria especially an in-depth examination of how far/well the institution of the Independent National Electoral Commission (hereinafter indiscriminately referred to as “the INEC” “the Commission” or “the Umpire” for the purposes of convenience and elimination of prolixity) discharged its constitutionally assigned onerous responsibility.

Against the background of the weighty allegations of administrative lapses resulting in “disappearance” of names of registered …

Fiduciary Power To Compromise Claims, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Constructing Illegality In America: Immigrant Experiences, Critiques, And Resistance, Daniel Kanstroom, Cecilia Menjívar

Daniel Kanstroom

The topic of 'illegal' immigration has been a major aspect of public discourse in the United States and many other immigrant-receiving countries. From the beginning of its modern invocation in the early twentieth century, the often ill-defined epithet of human 'illegality' has figured prominently in the media; in vigorous public debates at the national, state, and local levels; and in presidential campaigns. In this collection of essays, contributors from a variety of disciplines - anthropology, law, political science, religious studies, and sociology - examine how immigration law shapes immigrant illegality, how the concept of immigrant illegality is deployed and lived, …

Legal Affinities: Explorations In The Legal Form Of Thought, Patrick Brennan

Patrick McKinley Brennan

This is my Introduction to Legal Affinities: Explorations in the Legal Form of Thought (forthcoming 2012) (co-edited with H. Jefferson Powell and Jack Sammons), a volume of essays dedicated to exploring the work of Joseph Vining. The Introduction introduces Vining’s phenomenology of law and surveys the themes and topics developed by the volume’s eight authors: Joseph Vining, Judge John T. Noonan, Jr., Rev. John McCausland, H. Jefferson Powell, Jack Sammons, Steve Smith, James Boyd White, and Patrick Brennan.

How To Avoid Another Shutdown, David Gamage, David Louk

David Gamage

No abstract provided.

Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski

Michael J. Malinowski

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …

Seeking Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese, Richard Zeckhauser, Edward Parson

Edward A Parson

Whether regulating mutual funds or chemical manufacturers, government's policy decisions depend on information possessed by industry. Yet it is not in any industry's interests to share information that will lead to costly regulations. So how do government regulators secure needed information from industry? Since information disclosed by any firm cannot be retrieved and can be used to regulate the entire sector, industry faces a collective action problem in maintaining silence. While collective silence is easy to maintain if all firms' interests are aligned, individual firms' payoffs for disclosure can vary due to heterogeneous effects of regulation and differing expectations about …

Moments Of Silence In Administrative Law: Notes On Judicial Method In The Deregulation Cases, Brian C. Murchison

Brian C. Murchison

None available

The Concept Of Independence In Public Law, Brian C. Murchison

Brian C. Murchison

None available.

On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison

Brian C. Murchison

None available.

Due Process, Black Lung, And The Shaping Of Administrative Justice, Brian C. Murchison

Brian C. Murchison

None available.

The Rivers State Legislative Acrobatics: Democracy On Trial, Johnmary Chukwukasi Jideobi Esq.

JOHNMARY CHUKWUKASI JIDEOBI Esq.

Many events in the recent Nigerian political environment have clearly shown how long it may take the country's political class to embrace the core tenets of democracy which form the very foundation and fountain of the much needed transformative leadership. The political atmosphere in the Nigerian space is just too acrimonious. No doubt, it is still a long walk to freedom. This article makes a humble attempt to unravel the political tango that engulfed the Rivers State of Nigeria in recent times. In the main, it examines the legal implications of the attempt by a tiny fraction of the House …

Public Procurement And Remedies, Emanuela A. Matei

Emanuela A. Matei

No abstract provided.

The Legitimacy Of Crimmigration Law, Juliet P. Stumpf

Juliet P Stumpf

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been hailed as the lynchpin for successful political compromise on immigration reform. Yet crimmigration law’s unprecedented approach to interior immigration and criminal law enforcement threatens to undermine public belief in the fairness of immigration law. This Article uses pioneering social science research to explore people’s perceptions of the legitimacy of crimmigration law. According to Tom Tyler and other compliance scholars, perceptions about procedural justice—whether people perceive authorities as acting fairly—are often more important than a favorable outcome such as winning the case or avoiding arrest. Legal …

Beyond Innovation And Competition: The Need For Qualified Transparency In Internet Intermediaries, Frank Pasquale

Frank A. Pasquale

Internet service providers and search engines have mapped the web, accelerated e-commerce, and empowered new communities. They also pose new challenges for law. Individuals are rapidly losing the ability to affect their own image on the web - or even to know what data are presented about them. When web users attempt to find information or entertainment, they have little assurance that a carrier or search engine is not biasing the presentation of results in accordance with its own commercial interests. Technology’s impact on privacy and democratic culture needs to be at the center of internet policy-making. Yet before they …

Erisa Preemption Of State “Play Or Pay” Mandates: How Ppaca Clouds An Already Confusing Picture, Mary Ann Chirba

Mary Ann Chirba

From the introduction: Although ERISA preemption was ranked among the top "eight pertinent issues" that needed to be addressed in order to achieve comprehensive health care reform, Congress opted to avoid it when it passed the Patient Protection and Affordable Health Care Act on March 23, 2010, and the Health Care and Education Reconciliation Act just one week later ("PPACA" or the "Act", collectively). Currently 180 million Americans receive employer-sponsored health benefits, and millions more will do so once PPACA takes full effect over the next few years. This expansion of employer based coverage, coupled with what the Act does …

Our Bodies, Our Cells: Fda Regulation Of Autologous Adult Stem Cell Therapies, Mary Ann Chirba, Alice Noble

Mary Ann Chirba

Stem cells have been an endless source of fascination and controversy since Dolly the sheep was cloned in 1996. This month’s announcement of a cloned human embryo from a single skin cell came on the heels of Sir John B. Gurdon and Dr. Shinya Yamanaka’s receipt of the 2012 Nobel for Physiology and Medicine for their work with induced pluripotent stem cells. Pluripotent stem cells can be embryonic or induced. Embryonic stem cells (ESCs) can generally be obtained from human embryos or by cloning embryos through somatic cell nuclear transfer (SCNT), as was done for Dolly. Gurdon and Yamanaka demonstrated …

A Decade’S Quest For Safer Drugs: Congressional Committee Green Lights Regulation Of Drug Supply Chains And Compounding Manufacturers, Mary Ann Chirba, Alice Noble

Mary Ann Chirba

On May 22. 2013, the Senate Health, Education, Labor and Pensions (HELP) Committee unanimously approved S.959, “The Pharmaceutical Compounding Quality and Accountability Act,” and S.957, “The Drug Supply and Security Act,” (now incorporated into S. 959 as an amendment). Congressional efforts to enact comprehensive legislation to improve drug safety and secure the nation’s drug supply chain have lingered for over a decade. The lack of federal uniformity has allowed a patchwork of state legislation to emerge, attracting the less scrupulous to those states with the lowest security. The issue finally gained traction among HELP Committee members when 55 people died …

Are Ballot Titles Biased? Partisanship In California's Supervision Of Direct Democracy, Christopher S. Elmendorf, Douglas M. Spencer

Douglas M. Spencer

This study investigates whether and if so under what conditions the California Attorney General, who authors the ballot title and summary ("label") for statewide ballot initiatives, writes ballot language that is biased rather than impartial. State law demands an impartial label, but commentators frequently complain that the AG chooses misleading language to bolster (undermine) measures that the AG or his/her party supports (opposes). Using a convenience sample of students from several universities, we measure ordinary observers' perceptions of bias in ballot labels for initiatives dating back to 1974. Separately, we calculate an objective measure of bias using a readability algorithm. …

Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii

John D. Blum

No abstract provided.

The Spectrum Handbook 2013, J. Armand Musey Cfa

J. Armand Musey, CFA

This Handbook has three objectives: 1) to serve as a primer for explaining the complex issues around the use of electromagnetic spectrum; 2) to analyze, from both an economic and a legal perspective, the regulatory processes being considered or underway to reallocate or change the use of spectrum bands and; 3) to be a reference source for industry professionals. Part I of the Handbook provides an overview of the spectrum and the regulatory process. Part II of the Handbook explains the various available spectrum bands, discussing their range, location, and physical properties and how these impact their ability to be …

Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

John Bronsteen

Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people’s actual experience …

Classic Lessons From A Little Fish In A Pork Barrel - Featuring The Notorious Story Of The Endangered Snail Darter And The Tva's Last Dam, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Canaries are small, fragile, sensitive creatures weighing no more than 20 grams, about seven-tenths of an ounce. They have become a familiar and significant metaphor, however, due to the important role they played as vivid warning indicators of substantial threats to human welfare. Because canaries are extremely sensitive to the presence of methane and carbon monoxide—deadly but odorless gases that seep from deep coal deposits—miners in England and the U.S. carried canaries in little cages along with them as they worked in underground coal seams. When the canaries began to sway and slump noticeably on their perches, the miners could …

Throwing Dirt On Doctor Frankenstein's Grave: Accesss To Experimental Treatments At The End Of Life, Michael J. Malinowski

Michael J. Malinowski

Abstract

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research …

Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski

Michael J. Malinowski

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …

How Comprehensive Planning Makes Suburbia More Sprawling, Michael Lewyn

Michael E Lewyn

Many commentators associate comprehensive land use planning with smart growth- but in fact, municipal plans can be used to further sprawl as well as smart growth.

The Financial Action Task Force And Global Administrative Law, James T. Gathii

James T Gathii

No abstract provided.