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Articles 1 - 30 of 81
Full-Text Articles in Administrative Law
Review Of Recent Veterans Law Decisions Of The Federal Circuit, 69 Am. U. L. Rev. 1343 (2020), Angela Drake, Yelena Duterte, Stacey Rae Simcox
Review Of Recent Veterans Law Decisions Of The Federal Circuit, 69 Am. U. L. Rev. 1343 (2020), Angela Drake, Yelena Duterte, Stacey Rae Simcox
UIC Law Open Access Faculty Scholarship
The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer …
Uber’S Arbitration Trickery: Mohamed’S Holding, The New Era Of Limiting The Scope Of Administrative Protection And The Vindication Of Rights Doctrine, 51 J. Marshall L. Rev. 439 (2018), Kerby Kniss
UIC Law Review
No abstract provided.
Masterpiece Cakeshop: “Does Anybody Really Know What Time It Is?”, 52 Uic J. Marshall L. Rev. 83 (2018), Ted Hong
UIC Law Review
The purpose of this article is to highlight the less controversial part of the Court’s opinion. This article is intended for counsel representing parties before federal, state, municipal and local administrative agencies, counsel representing administrative agencies and people serving on administrative agencies. The article discusses how the Masterpiece Cakeshop opinion was the culmination of discussing the role of procedural due process in the administrative agency process. The Court’s opinion has “real time” application in a current case before the Intermediate Court of Appeals, State of Hawai`i. This article also highlights the difference in appointment of boards and commissioners in three …
Putting Yourself In The Shoes Of A Patent Examiner: Overview Of The United States Patent And Trademark Office (Uspto) Patent Examiner Production (Count) System, 17 J. Marshall Rev. Intell. Prop. L. 32 (2017), Naira Rezende Simmons
Putting Yourself In The Shoes Of A Patent Examiner: Overview Of The United States Patent And Trademark Office (Uspto) Patent Examiner Production (Count) System, 17 J. Marshall Rev. Intell. Prop. L. 32 (2017), Naira Rezende Simmons
UIC Review of Intellectual Property Law
The mission of the United States Patent and Trademark Office (USPTO) is to ensure that the Intellectual Property system contributes to a strong global economy, encourages investment in innovation, and fosters entrepreneurial spirit. In order to ensure that the large volume of newly filed patent applications are examined in a reasonable timeframe, the USPTO has a system for determining the average amount of time an examiner should spend examining a patent application. Under the current production system, productivity is assessed based on Production Units (“PUs”) achieved relative to the Examiner’s production goal. The production goal is calculated for each examiner …
The Food And Drug Administration Versus The Federal Trade Commission: Reconciling Their Interests In Regulating Homeopathic Products, 49 J. Marshall L. Rev. 1193 (2016), Jordannah Bangi
UIC Law Review
This Comment suggests that the FDA should require homeopathic products to carry a disclaimer label similar to those used on prescription drugs or certain food or food products.
At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016), Thomas Skelton
At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016), Thomas Skelton
UIC Law Review
No abstract provided.
Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina
Balancing Security And Privacy In 21st Century America: A Framework For Fisa Court Reform, 47 J. Marshall L. Rev. 1453 (2014), Daniel Cetina
UIC Law Review
No abstract provided.
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak
More Bang For Their Buck: How Federal Dollars Are Militarizing American Law Enforcement, 47 J. Marshall L. Rev. 1479 (2014), Jeffrey Endebak
UIC Law Review
No abstract provided.
Reforming Capitalism Through Law And Regulation, 47 J. Marshall L. Rev. 1269 (2014), Richard Delgado
Reforming Capitalism Through Law And Regulation, 47 J. Marshall L. Rev. 1269 (2014), Richard Delgado
UIC Law Review
No abstract provided.
How The Supreme Court And The Department Of Labor May Dispel Myths About Erisa's Family Law Provisions And Protect The Benefit Entitlements That Arise Thereunder, 45 J. Marshall L. Rev. 635 (2012), Albert Feuer
UIC Law Review
No abstract provided.
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts, 45 J. Marshall L. Rev. 601 (2012), John D. Blum, Gayland O. Hethcoat Ii
UIC Law Review
No abstract provided.
Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb
UIC Law Review
No abstract provided.
Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy
Irs's Recent Uncertain Tax Positions Initiative: A Tangle Of Accounting, Tax And Privilege Issues, 9 Depaul Bus. & Comm. L.J. 401 (2011), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
Given the extremely limited source of resources available to the IRS in recent years, it's not surprising that it is exploring all sorts of avenues to increase its efficiency, particularly relying on corporate taxpayers to self report questionable tax positions. Under the banner of "corporate governance" and "transparency," the Service issued a series of proposals in 2010 requiring disclosure of uncertain tax positions ("UTPs") by corporate taxpayers. The Service essentially piggybacked on the recently imposed 2006 audit requirements that reserves be posted for contingent tax liabilities (i.e., tax positions that could later not be sustained, and therefore had to be …
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
UIC Law Review
No abstract provided.
Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
How To Avoid The Constraints Of Rule 10b-5(B): A First Circuit Guide For Underwriters, 43 J. Marshall L. Rev. 931 (2010), Eric H. Franklin
UIC Law Review
No abstract provided.
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
UIC Review of Intellectual Property Law
Section 337 of the Tariff Act of 1930 makes unlawful, specifically, the importation of products that infringe intellectual property rights. The U.S. International Trade Commission (“ITC”) is the forum in which all section 337 proceedings are adjudicated and, within the ITC, the Office of Administrative Law Judges handles all these proceedings. Section 337 cases can be exceedingly complex and technical, and the Administrative Law Judges (“ALJ”) are the initial triers of fact, administrators, and decision makers in every case. Thus, the amount of work that the ALJs—along with their staff—must meet to see these cases to completion can be substantial. …
The Case That There Is A Common Law Duty Of Notaries Public To Create And Preserve Detailed Journal Records Of Their Official Acts, 42 J. Marshall L. Rev. 231 (2009), Michael L. Closen, Charles N. Faerber
The Case That There Is A Common Law Duty Of Notaries Public To Create And Preserve Detailed Journal Records Of Their Official Acts, 42 J. Marshall L. Rev. 231 (2009), Michael L. Closen, Charles N. Faerber
UIC Law Review
No abstract provided.
Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi
Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi
UIC Law Review
No abstract provided.
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
When Is Lying Illegal? When Should It Be? A Critical Analysis Of The Federal False Statements Act, 43 J. Marshall L. Rev. 111 (2009), Steven R. Morrison
UIC Law Review
No abstract provided.
When The Music Stops, Why Not Require Certain Title Vii Plaintiffs To Find A Chair On Which To Rest Their Complaint?, 42 J. Marshall L. Rev. 505 (2009), Catherine R. Caifano
When The Music Stops, Why Not Require Certain Title Vii Plaintiffs To Find A Chair On Which To Rest Their Complaint?, 42 J. Marshall L. Rev. 505 (2009), Catherine R. Caifano
UIC Law Review
No abstract provided.
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas
UIC Law Review
No abstract provided.
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
Discriminatory Pay And Title Vii: Filing A Timely Claim, 41 J. Marshall L. Rev. 325 (2008), Megan E. Mowrey
UIC Law Review
No abstract provided.
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
UIC Law Review
No abstract provided.
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
UIC Law Review
No abstract provided.
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
Criminal And Sentencing Law Review Commissions: Detached, Contemplative Decision Making On Matters Of Criminal Justice Reform, 41 J. Marshall L. Rev. 777 (2008), John J. Cullerton, Kirk W. Dillard, James B. Durkin, Robert S. Molaro, Peter G. Baroni
UIC Law Review
No abstract provided.
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore
UIC Law Review
No abstract provided.
The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez
UIC Law Review
No abstract provided.
Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall
UIC Law Review
No abstract provided.
First Things First: A Principled Approach To Patent Administrative Law, 42 J. Marshall L. Rev. 29 (2008), Kali Murray
First Things First: A Principled Approach To Patent Administrative Law, 42 J. Marshall L. Rev. 29 (2008), Kali Murray
UIC Law Review
No abstract provided.