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Articles 1 - 30 of 564
Full-Text Articles in Law
Crowdfunding For Biotechs: How The Sec’S Proposed Rule May Undermine Capital Formation For Startups, Brian J. Farnkoff
Crowdfunding For Biotechs: How The Sec’S Proposed Rule May Undermine Capital Formation For Startups, Brian J. Farnkoff
Journal of Contemporary Health Law & Policy (1985-2015)
No abstract provided.
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
Wireless Localism: Beyond The Shroud Of Objectivity In Federal Spectrum Administration, Olivier Sylvain
Wireless Localism: Beyond The Shroud Of Objectivity In Federal Spectrum Administration, Olivier Sylvain
Michigan Telecommunications & Technology Law Review
Recent innovations in mobile wireless technology have instigated a debate between two camps of legal scholars about federal administration of the electromagnetic spectrum. The first camp argues that the Federal Communications Commission (“FCC”) should define spectrum use rights more clearly and give spectrum licensees broad property rights in frequencies. The second camp argues that, rather than award exclusive licenses to the highest bidder, the FCC ought to open much, if not most, of the spectrum to unlicensed use by smartphones and tablets equipped with the newest spectrum administration technology. First, this Article shows that both of these camps comprise a …
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
An Insurmountable Obstacle: Denying Deference To The Bia’S Social Visibility Requirement, Kathleen Kersh
Michigan Journal of Race and Law
In the last fifteen years, the Board of Immigration Appeals has imposed a requirement that persons seeking asylum based on membership in a particular social group must establish that the social group is “socially visible” throughout society. This Comment argues that the social visibility requirement should be denied administrative deference on several grounds. The requirement should be denied Chevron deference because Congress’s intent behind the Refugee Act of 1980 is clear and unambiguous and, alternatively, the requirement is an impermissible interpretation of the statute. The requirement is also arbitrary and capricious under the Administrative Procedures Act. This Comment argues that …
Jury Review Of Administrative Action, John F. Duffy
Jury Review Of Administrative Action, John F. Duffy
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
William & Mary Bill of Rights Journal
Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
William & Mary Bill of Rights Journal
No abstract provided.
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn, Courtney E. Ferrell
Mercer Law Review
No abstract provided.
Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold
Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold
Seattle Journal for Social Justice
No abstract provided.
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
Seattle Journal for Social Justice
No abstract provided.
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
William & Mary Bill of Rights Journal
No abstract provided.
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
William & Mary Bill of Rights Journal
No abstract provided.
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
William & Mary Bill of Rights Journal
No abstract provided.
Private Standards Organizations And Public Law, Peter L. Strauss
Private Standards Organizations And Public Law, Peter L. Strauss
William & Mary Bill of Rights Journal
Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
William & Mary Bill of Rights Journal
No abstract provided.
"Data, Views, Or Arguments": A Rumination, Michael Herz
"Data, Views, Or Arguments": A Rumination, Michael Herz
William & Mary Bill of Rights Journal
No abstract provided.
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
Seattle Journal for Social Justice
No abstract provided.
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock
Seattle Journal for Social Justice
No abstract provided.
Naalj Membership Application And Questionnaire, Tiffany Bacon
Naalj Membership Application And Questionnaire, Tiffany Bacon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries , Emily Edwards
Legal Summaries , Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Exhausted? Video Game Companies And The Battle Against Allowing The Resale Of Software Licenses, Alice J. Won
Exhausted? Video Game Companies And The Battle Against Allowing The Resale Of Software Licenses, Alice J. Won
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Brand Name Or Generic? A Case Note On Caraco Pharmaceutical Laboratories V. Novo Nordisck , Michael Vincent Ruocco
Brand Name Or Generic? A Case Note On Caraco Pharmaceutical Laboratories V. Novo Nordisck , Michael Vincent Ruocco
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Channel Worth Changing? The Individual Regional Sports Network: Proliferation, Profits, Parity, And The Potential Administrative And Antitrust Issues That Could Follow, Stephen Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Raising The Standard: Judulang V. Holder Condemns The Use Of Arbitrary And Capricious Policies When Determining Eligibility For The Section 212(C) Waiver, Adjoa Anim-Appiah
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe
Civil Justice Reform In Social Security Adjudications, Jeffrey S. Wolfe
Journal of the National Association of Administrative Law Judiciary
Part I of this Article explores the actions of the Social Security Administration over time, both as related directly to the role of the administrative law judge in the case management process and to the agency's management of the backlog crisis generally, examining the cultural environment of bureaucratic management that has, despite the passage of decades, failed to remedy a persistent animus between the agency and its cadre of administrative law judges to the public detriment. Part II next examines the core attributes of the managerial judge and contrasts this in Part III with the agency's handling of the backlog …
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon
Fundamental Fairness, Judicial Efficiency And Uniformity: Revisiting The Administrative Procedure Act, Daniel F. Solomon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.