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Articles 1 - 7 of 7
Full-Text Articles in Law
Restoring Chevron’S Domain, Jonathan H. Adler
Restoring Chevron’S Domain, Jonathan H. Adler
Missouri Law Review
This brief Article’s aim is not so ambitious as to praise or bury Chevron. It seeks only to make a more modest point about the Chevron doctrine and its domain.12 On the assumption that Chevron, in some form, will remain a significant part of the constellation of administrative law, this Article suggests Chevron’s domain should be defined and delimited by its doctrinal grounding. Put another way, the legal rationale for providing deference to agency interpretations of ambiguous statutory text should determine the doctrine’s scope and application. More precisely, insofar as the Court’s subsequent application and elucidation of Chevron have indicated …
Procedural Triage, Matthew J.B. Lawrence
Procedural Triage, Matthew J.B. Lawrence
Fordham Law Review
Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
Tax Reform Proposals On A Gift Tax On The Transfer Of Property By Nonresidents, Daze Swift Lee
Tax Reform Proposals On A Gift Tax On The Transfer Of Property By Nonresidents, Daze Swift Lee
University of Massachusetts Law Review
This Note raises taxation issues pertaining to a gift tax on the transfer of property by nonresidents under current United States tax rules. It further illustrates patterns and trends to evade a gift tax using transaction maneuvers. These issues are defined in three categories: a gift tax on the transfer of property situated only within the United States by a nonresident, no gift tax on the transfer of intangible assets, and transferee liability. In response to such issues, this Note calls for corresponding proposals to resolve gift taxation problems. It proposes that a gift tax should be imposed on the …
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice , James A. Henderson Jr., John A. Siliciano
Universal Health Care And The Continued Reliance On Custom In Determining Medical Malpractice , James A. Henderson Jr., John A. Siliciano
John A. Siliciano
No abstract provided.
Regulating Cyber-Security, Nathan Alexander Sales
Regulating Cyber-Security, Nathan Alexander Sales
Northwestern University Law Review
The conventional wisdom is that this country’s privately owned critical infrastructure—banks, telecommunications networks, the power grid, and so on—is vulnerable to catastrophic cyber-attacks. The existing academic literature does not adequately grapple with this problem, however, because it conceives of cyber-security in unduly narrow terms: most scholars understand cyber-attacks as a problem of either the criminal law or the law of armed conflict. Cyber-security scholarship need not run in such established channels. This Article argues that, rather than thinking of private companies merely as potential victims of cyber-crimes or as possible targets in cyber-conflicts, we should think of them in administrative …
Introduction: The Place Of Agencies In Polarized Government, Cynthia R. Farina, Gillian E. Metzger
Introduction: The Place Of Agencies In Polarized Government, Cynthia R. Farina, Gillian E. Metzger
Faculty Scholarship
Peter Strauss's The Place of Agencies in Government: Separation of Powers. and the Fourth Branch reshaped contemporary thinking about the constitutionality of federal administrative government. When the article appeared in 1984, the Reagan Revolution was in full swing. Reagan's overtly antiregulatory policy stance and his Administration's advocacy of a highly formalist and originalist style of constitutional interpretation fundamentally challenged the post-New Deal administrative state. Aggressive interpretation of Article II led to controversial strategies of White House control: centralized rulemaking review, appointment of agency heads loyal to the President's (anti)regulatory agenda, and attacks on institutions of administrative independence such as the …
The Universality Of Medicaid At Fifty, Nicole Huberfeld
The Universality Of Medicaid At Fifty, Nicole Huberfeld
Law Faculty Scholarly Articles
This essay explores how the law of Medicaid after fifty years creates a meaningful principle of universalism by shifting from fragmentation and exclusivity to universality and inclusivity. The universality principle provides a new trajectory for all of American health care, one that is not based on individual qualities that are unrelated to medical care but rather grounded in non-judgmental principles of unification and equalization (if not outright solidarity). To that end, this Essay first will study the legislative reformation that led to universality and its quantifiable effects. The Essay then will assess and evaluate Medicaid’s new universality across four dimensions, …