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Defining Fair Notice: Logical Outgrowth Doctrine Applied To The Waters Of The United States, Henry L. Lifton
Defining Fair Notice: Logical Outgrowth Doctrine Applied To The Waters Of The United States, Henry L. Lifton
Notre Dame Law Review
In 2014, the Corps of Engineers and Environmental Protection Agency sought to bring clarity to the scope of “waters of the United States” through notice-and-comment rulemaking. On June 29, 2015, the agencies published a joint final rule that immediately prompted lawsuits across the entire country.
This current legal controversy provides a convenient backdrop to propose a new method to analyze logical outgrowth. This Note will use the Proposed and Final Rule as an administrative law case study. It argues that the Final Rule is substantively within the authority Congress delegated to the Corps of Engineers and the EPA.
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
The Privacy Policymaking Of State Attorneys General, Danielle Keats Citron
Notre Dame Law Review
Much as Justice Louis Brandeis imagined states as laboratories of the law, offices of state attorneys general have been laboratories of privacy enforcement. State attorneys general have been nimble privacy enforcers whereas federal agencies have been more constrained by politics. Local knowledge, specialization, multistate coordination, and broad legal authority have allowed AG offices to fill in gaps in the law. State attorneys general have established baseline fair-information protections and expanded the frontiers of privacy law to cover sexual intimacy and youth. Their efforts have reinforced and strengthened federal norms, further harmonizing certain aspects of privacy and data security policy.
Although …