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Full-Text Articles in Law

The Battle For Portland, Maine, L. Andrew Tollin Dec 1999

The Battle For Portland, Maine, L. Andrew Tollin

Federal Communications Law Journal

In 1985, when the FCC began the competitive process of deciding who would be licensed to provide cellular telephone service to Portland, Maine, chaos and irony reigned. Thirteen years later, after a bitter legal battle among local telephone companies, a provider was finally selected. At one point or another, all three branches of government became involved. The license itself changed hands three times during the case and, in essence, three different telephone systems were constructed. Ultimately, the case was decided on the basis of whether the FCC complied with a preexisting federal law, the Paperwork Reduction Act, in adopting the …


Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger Dec 1999

Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger

West Virginia Law Review

No abstract provided.


Life After Adarand: What Happened To The Metro Broadcasting Diversity Rationale For Affirmative Action In Telecommunications Ownership?, Leonard M. Baynes Dec 1999

Life After Adarand: What Happened To The Metro Broadcasting Diversity Rationale For Affirmative Action In Telecommunications Ownership?, Leonard M. Baynes

University of Michigan Journal of Law Reform

The United States Supreme Court severely restricted affirmative action policies in Adarand Constructors, Inc. v. Pena. In this opinion, a majority of the Court held that all state or federally mandated affirmative action programs are to be analyzed under strict scrutiny. This test requires affirmative action programs to meet a compelling governmental interest and be narrowly tailored.

Adarand raised issues concerning the validity of the Federal Communications Commission's affirmative action ownership policies. Previously, the Court in Metro Broadcasting, Inc. v. FCC found the FCC minority ownership policies constitutional under a lower (intermediate) standard of review. In Adarand, the Court …


Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin Dec 1999

Increasing Consumer Power In The Grievance And Appeal Process For Medicare Hmo Enrollees, Kenneth J. Pippin

University of Michigan Journal of Law Reform

Federal law requires that Health Maintenance Organizations (HMOs) and Managed Care Organizations (MCOs) provide Medicare beneficiaries with specific grievance and appeal rights for challenging adverse decisions of these organizations. The Health Care Financing Administration (HCFA) is charged with enforcing these regulations. Currently, however, HCFA contracts with HMOs, allowing them to enroll Medicare beneficiaries despite the fact that many of the statutory and regulatory requirements are ignored by the Medicare HMOs. This is problematic because the elderly Medicare population may not be able to independently and adequately challenge the HMO's denial of care or reimbursement. Because HCFA has been reluctant and …


Administrative Law, Mark H. Cohen, David C. Will Dec 1999

Administrative Law, Mark H. Cohen, David C. Will

Mercer Law Review

This Article covers important developments in Georgia administrative law for the two-year period from June 1, 1997 through May 31, 1999. Because administrative law has been omitted from major consideration in the Annual Survey of Georgia Law since 1987, this Article is an attempt to cover an additional period of review, which, the authors hope, will be continued in future surveys. This Article includes cases as well as a discussion of two significant legislative enactments during the survey period.


Is The Clean Air Act Unconstitutional?, Cass R. Sunstein Nov 1999

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …


Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth Jul 1999

Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Optometry, Jane K. Babin Jul 1999

Board Of Optometry, Jane K. Babin

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Nicole Slanker Jul 1999

Board Of Pharmacy, Nicole Slanker

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Allen R. Greenway Jul 1999

Veterinary Medical Board, Allen R. Greenway

California Regulatory Law Reporter

No abstract provided.


Athletic Commission, Shannon L. Kelly, J. D. Fellmeth Jul 1999

Athletic Commission, Shannon L. Kelly, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth Jul 1999

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Athanasia Economy, J. D. Fellmeth Jul 1999

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Office Of Administrative Law, Rusty Nichols Jul 1999

Office Of Administrative Law, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.


Little Hoover Commission, Elisa D 'Angelo Weichel Jul 1999

Little Hoover Commission, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


Bureau Of State Audits, Elisa D 'Angelo Weichel Jul 1999

Bureau Of State Audits, Elisa D 'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.


V.16-2, 1999 Masthead Jul 1999

V.16-2, 1999 Masthead

California Regulatory Law Reporter

No abstract provided.


Legislative Committee Abbreviations Jul 1999

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Sciences, Matthew F. Archbold Jul 1999

Board Of Behavioral Sciences, Matthew F. Archbold

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Athanasia Economy, J. D. Fellmeth Jul 1999

Department Of Corporations, Athanasia Economy, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Dental Examiners, J. D. Fellmeth Jul 1999

Board Of Dental Examiners, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth Jul 1999

Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Gina Clark-Bellak Jul 1999

Board Of Registered Nursing, Gina Clark-Bellak

California Regulatory Law Reporter

No abstract provided.


Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth Jul 1999

Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Psychology, Jonathan Steer Jul 1999

Board Of Psychology, Jonathan Steer

California Regulatory Law Reporter

No abstract provided.


Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth Jul 1999

Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, J. D. Fellmeth Jul 1999

Contractors State License Board, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth Jul 1999

Board For Professional Engineers And Land Surveyors, Matthew S. Butler, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth Jul 1999

Board Of Registration For Geologists And Geophysicists, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth Jul 1999

Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.