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Articles 1 - 30 of 90
Full-Text Articles in Law
The Battle For Portland, Maine, L. Andrew Tollin
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
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
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
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
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
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
Respiratory Care Board, Gina Clark-Bellak, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, Jane K. Babin
Board Of Optometry, Jane K. Babin
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Nicole Slanker
Board Of Pharmacy, Nicole Slanker
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Allen R. Greenway
Veterinary Medical Board, Allen R. Greenway
California Regulatory Law Reporter
No abstract provided.
Athletic Commission, Shannon L. Kelly, J. D. Fellmeth
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
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
Department Of Corporations, Athanasia Economy, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Office Of Administrative Law, Rusty Nichols
Office Of Administrative Law, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
Little Hoover Commission, Elisa D 'Angelo Weichel
Little Hoover Commission, Elisa D 'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Bureau Of State Audits, Elisa D 'Angelo Weichel
Bureau Of State Audits, Elisa D 'Angelo Weichel
California Regulatory Law Reporter
No abstract provided.
Legislative Committee Abbreviations
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Board Of Behavioral Sciences, Matthew F. Archbold
Board Of Behavioral Sciences, Matthew F. Archbold
California Regulatory Law Reporter
No abstract provided.
Department Of Corporations, Athanasia Economy, J. D. Fellmeth
Department Of Corporations, Athanasia Economy, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Dental Examiners, J. D. Fellmeth
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
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
Board Of Registered Nursing, Gina Clark-Bellak
California Regulatory Law Reporter
No abstract provided.
Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth
Board Of Podiatric Medicine, Michael A. Stone, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Psychology, Jonathan Steer
Board Of Psychology, Jonathan Steer
California Regulatory Law Reporter
No abstract provided.
Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth
Board Of Architectural Examiners, Todd N. Tappe, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board, J. D. Fellmeth
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
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
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
Department Of Alcoholic Beverage Control, Christopher J. Fernandes, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.