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The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, Laverne A. Jacobs 2017 University of Windsor, Faculty of Law

The Universality Of The Human Condition: Theorizing Transportation Inequality Claims By Persons With Disabilities In Canada, Laverne A. Jacobs

Laverne Jacobs

Transportation is the lifeline that connects persons with disabilities with the community, facilitating greater opportunities for work, social inclusion and overall independence. Adequate accessible transportation has long been a concern of persons with disabilities. Yet, there is a dearth of sustained research on the law and society implications of transportation inequality for persons with disabilities. This paper contributes to the research on both transportation inequality and equality theory by providing an empirical and theoretical analysis of the human rights tribunal decisions on transportation equality in Canada. In doing so, it examines the issues from the perspective of the voices of ...


For-Profit Public Enforcement, Margaret H. Lemos, Max Minzner 2017 Duke Law School

For-Profit Public Enforcement, Margaret H. Lemos, Max Minzner

Max Minzner

This Article investigates an important yet undertheorized phenomenon: financial incentives in public enforcement. Each year, public enforcers assess billions of dollars in penalties and other financial sanctions for violations of state and federal law. Why? If the awards in question were the result of private lawsuits, the answer would be obvious. We expect that private enforcers—the victims of law violations and their fee-seeking attorneys—will attempt to maximize financial recoveries. Record recoveries come as no surprise in private class actions, for example. But dollar signs are harder to explain in the context of public enforcement. Unlike private attorneys, public ...


Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler 2017 Selected Works

Ncalj Panel Discussion: Alj Decisions - Final Or Fallible?, Jim Flanagan, Jim Rossi, John Hardwicke, Tyrone T. Butler

Jim Rossi

No abstract provided.


Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi 2017 Selected Works

Alj Final Orders On Appeal: Balancing Independence With Accountability, Jim Rossi

Jim Rossi

This essay addresses how ALJ final order authority in many state systems of administrative governance (among them Florida, Louisiana, Missouri, and South Carolina) poses a tension between independence and accountability. It is argued that political accountability is sacrificed where reviewing courts defer to ALJ final orders on issues of law and policy. Standards of review provide state courts with a way of restoring the balance between independence and accountability, but reviewing courts should heighten the deference they give to the agency's legal and policy positions -- giving little or no deference to the ALJ on these issues -- even where the ...


Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein 2017 Alexander Blewett III School of Law at the University of Montana

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein

Public Land and Resources Law Review

The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.


Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Nicole G. Iannarone, Benjamin P. Edwards 2017 Georgia State University College of Law

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Nicole G. Iannarone, Benjamin P. Edwards

Nicole G. Iannarone

No abstract provided.


Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy 2017 Alexander Blewitt III School of Law at the University of Montana

Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy

Public Land and Resources Law Review

In Alaska Oil & Gas Association v. Pritzker, the Ninth Circuit reversed the United States District Court for the District of Alaska’s decision to strike down the National Marine Fisheries Service’s (“NMFS”) listing of distinct population segments of the Pacific bearded seal. The court determined that the NMFS was in full compliance with the requirements of the Endangered Species Act and squarely rejected the district court’s demand for highly specific data pertaining to the projected effects of climate change on the bearded seal.


Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots 2017 University of Maine School of Law

Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots

Maine Law Review

By 1974, the U.S. Congress recognized that employer-provided retirement pension plans had “become an important factor affecting the stabilization of employment and the successful development of industrial relations” and enacted the Employee Retirement Income Security Act (ERISA) with the aim of protecting “the interests of participants in employee benefit plans and their beneficiaries.” In enacting ERISA, Congress established “standards of conduct, responsibility, and obligation[s] for fiduciaries of employee benefit plans” and provided for “appropriate remedies, sanctions and ready access to the Federal courts.” Apart from creating federal causes of action to ensure efficient and equitable administration of private ...


How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel 2017 University of New Hampshire

How To Achieve Public Participation In Nuclear Waste Decisions: Public Relations Or Transparent Adversary Science, Judy Treichel

RISK: Health, Safety & Environment

[Excerpt] "Commercial nuclear reactors in the United States have been producing electricity and highly radioactive wastes for more than forty years. Originally, reluctant utilities built reactors at the urging of Congress, acting in accordance with the Atomic Energy Act. The Act called for promotion of nuclear technology and also provided a shield of secrecy allowing for extensive power to classify information. Wiretapping and other surveillance techniques were allowable if nuclear secrets or interference with nuclear programs were involved. During this time the Atomic Energy Commission (AEC) provided films and comic books, and gave speeches in a public relations campaign designed ...


The Cost Of High Prices: Embedding An Ethic Of Expense Into The Standard Of Care, Isaac D. Buck 2017 University of Tennessee College of Law

The Cost Of High Prices: Embedding An Ethic Of Expense Into The Standard Of Care, Isaac D. Buck

Boston College Law Review

In the midst of rapid and radical change of America’s health care system, the country’s crown jewel public health insurance program, Medicare, faces an intensifying cost crisis due to a past of uncontrolled prices and a future of booming enrollment. A cost challenge garnering particular media attention is pharmaceutical drug pricing for Medicare Part B. Historically, congressional action has hamstrung Medicare’s ability to limit costs, and as a result, the program is increasingly forced to pass on drug costs—through copays and coinsurance—to its elderly beneficiaries. Public outrage has followed recent stories of pharmaceutical companies seeking ...


Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland 2017 Boston College Law School

Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland

Boston College Law Review

State statutes prohibit unjust or unreasonable natural gas utility rates. Public Utility Commissions (“PUCs”) administer these state laws and permit gas distribution companies to recover natural gas commodity costs related to lost and unaccounted for gas from customers through “purchased gas adjustment clauses.” In most of those states, PUCs permit "total recovery" of all lost and unaccounted for gas costs via these clauses using periodic rate adjustments. A small number of PUCs have reformed purchase gas adjustment clauses in order to incentivize gas distribution companies to reduce lost and unaccounted for gas. This Note advocates for all state public utility ...


Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas 2017 Pepperdine University

Disrupting Immigration: How Administrative Rulemaking Could Transform The Landscape For Immigrant Entrepreneurs, Tess Douglas

Pepperdine Law Review

Immigrant entrepreneurs come to the United States and start thriving companies that create jobs, drive the economy, and facilitate innovation. However, U.S. laws do not provide a clear path for immigrant entrepreneurs to lawfully enter and work in America. Therefore, immigrant entrepreneurs must seek lawful status in the United States through unusual routes. While Congress, the President, and the United States Citizenship and Immigration Services (USCIS) recognize the need for clear and accessible immigration standards for immigrant entrepreneurs, the politicized nature of immigration law has impeded significant change. This Comment details how administrative rules could offer a less politicized ...


Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao 2017 Duke Law

Mitochondrial Replacement Therapy And The Regulation Of Reproductive Genetic Technologies In The United States, Bob Zhao

Duke Law & Technology Review

The ability to alter the genes of future generations no longer belongs in the realm of science fiction. The genetic modification capabilities of modern science are advancing rapidly. Mitochondrial replacement therapy (MRT) represents the first crossing of the germline barrier in humans, and as of February 2015, it is the first procedure of its kind to be legalized in the Western world. How Congress decides to regulate MRT will influence future regulation of all genetic manipulation technologies. This brief argues that the current patchwork regulatory framework established in the United States is insufficient to deal with the complex issues MRT ...


Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The Court determined that (1) NRS 361.395 does not provide the State Board with authority to order reappraisals; and (2) the 2010 regulation purporting to provide the State Board with such authority does not apply retroactively to the tax years at issue in this case.


Poremba V. S. Nev. Paving, 133 Nev. Adv. Op. 2 (Jan. 26, 2017) (En Banc), Christopher Kelly 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Poremba V. S. Nev. Paving, 133 Nev. Adv. Op. 2 (Jan. 26, 2017) (En Banc), Christopher Kelly

Nevada Supreme Court Summaries

The Court determined that (1) an administrative officer must first determine whether to reopen a worker’s compensation benefits claim, pursuant only to the requirements of NRS 616C.390, before considering whether the insurer is entitled to reimbursement due to a third party settlement; and (2) that insurers may be entitled to reimbursement for funds an injured party receives in third party settlements that are also covered by workers’ compensation, but are not entitled to reimbursement from the portion of the settlement designated for remedies outside the definition of “compensation” in NRS 616A.090, including pain and suffering and lost ...


Normalizing Novelty: Regulating Biotechnological Risk At The U.S. Epa, Les Levidow, Susan Carr 2017 University of New Hampshire

Normalizing Novelty: Regulating Biotechnological Risk At The U.S. Epa, Les Levidow, Susan Carr

RISK: Health, Safety & Environment

Drs. Levidow and Carr examine EPA's regulation of biotechnology in the field of genetically modified organisms.


The Ambiguity Of Redesignation: What Is 'Applicable' Under The Clean Air Act?, Andrew Miller 2017 Catholic University of America (Student)

The Ambiguity Of Redesignation: What Is 'Applicable' Under The Clean Air Act?, Andrew Miller

Catholic University Journal of Law and Technology

No abstract provided.


Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher 2017 Duke Law

Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher

Duke Law & Technology Review

The characteristics and capabilities of civilian drones have proliferated in recent years, giving rise to a burgeoning industry. The popular media and academic literature have predominantly focused on privacy concerns, devoting considerably less attention to the regulatory challenges created by the new technology. Congress instructed the FAA to integrate drones into the National Airspace System in 2012, but rulemaking delays and a moratorium on commercial uses hampered the industry and withheld benefits from the public. Final regulations are now in place, but the new rules revive legal uncertainty over the constitutional limits of federal authority and the ambiguous vertical bounds ...


Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots 2017 University of Maine School of Law

Exhausted Yet? Stevens V. Pensio Benefit Guaranty Corporation And The Application Of The Exhaustion Doctrine To Statute-Based Erisa Claims, Carson D. Phillips-Spots

Maine Law Review

By 1974, the U.S. Congress recognized that employer-provided retirement pension plans had “become an important factor affecting the stabilization of employment and the successful development of industrial relations” and enacted the Employee Retirement Income Security Act (ERISA) with the aim of protecting “the interests of participants in employee benefit plans and their beneficiaries.” In enacting ERISA, Congress established “standards of conduct, responsibility, and obligation[s] for fiduciaries of employee benefit plans” and provided for “appropriate remedies, sanctions and ready access to the Federal courts.” Apart from creating federal causes of action to ensure efficient and equitable administration of private ...


3d-Printed Food, Jasper L. Tran 2017 George Mason University

3d-Printed Food, Jasper L. Tran

Jasper L. Tran

No abstract provided.


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