Administrative Law Commons

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Recent Articles in Administrative Law

A Toxic Mouthful: The Misalignment Of Dental Mercury Regulations, Kaitlin McGrath Boston College Law School

A Toxic Mouthful: The Misalignment Of Dental Mercury Regulations, Kaitlin Mcgrath

Boston College Journal of Law & Social Justice

Mercury amalgam dental fillings have been used for over one hundred and fifty years in hundreds of millions of patients around the world. In the past two decades, scientific evidence has shown that mercury fillings have harmful effects on human health. Still, the American Dental Association maintains the position that mercury fillings are safe and should continue to be used without warning requirements. Although the Occupational Safety and Health Administration promulgated regulations to protect dentists and other dental workers from mercury exposure, the Food and Drug Administration has yet to provide similar protections to dental patients. Additionally, because Medicaid does ...


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole Touro College Jacob D. Fuchsberg Law Center

A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington Seattle University School of Law

A Barrier To Child Welfare Reform: The Supreme Court’S Flexible Approach To Federal Rule Of Civil Procedure 60(B)(5) And Granting Relief To States In Institutional Reform Litigation, Rachel Dunnington

Seattle University Law Review

In a recent decision, Horne v. Flores, the Court demanded a broader and more flexible application of Federal Rule of Civil Procedure (Rule) 60(b)(5). In doing so, the Court opened the door for states to seek relief from court-enforced agreements like consent decrees. This decision undermines the use of institutional reform litigation as a means of fixing the child welfare system and thus deals a further blow to the nation’s most vulnerable citizens. This Note will discuss Horne’s impact on consent decrees stemming from institutional reform litigation in child welfare. Part II will explore the history ...


My Paper Makes Ssrn Top Ten List, Gabriela Steier Duquesne University School of Law

My Paper Makes Ssrn Top Ten List, Gabriela Steier

Gabriela Steier

My paper, "THE WTO'S BLIND SPOT: DISPUTE RESOLUTION IN THE INTERNATIONAL FOOD INDUSTRY", was recently listed on SSRN's Top Ten download list for: Food Law & Policy eJournal, PSN: Politics of the WTO (Topic), PSN: Politics of the WTO (Topic), SRPN: Agribusiness (Topic), SRPN: Biotechnology (Topic), SRPN: Politics of Food (Topic) and SRPN: World Trade Organisation (Topic).


Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck University of Nevada, Las Vegas -- William S. Boyd School of Law

Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck

UNLV Gaming Law Journal

No abstract provided.


Jeffrey A. Silver: The Man Who Exiled Frank "Lefty" Rosenthal From Nevada Gaming, Kirk D. Homeyer University of Nevada, Las Vegas -- William S. Boyd School of Law

Jeffrey A. Silver: The Man Who Exiled Frank "Lefty" Rosenthal From Nevada Gaming, Kirk D. Homeyer

UNLV Gaming Law Journal

No abstract provided.


Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice University of Nevada, Las Vegas -- William S. Boyd School of Law

Should Casinos Exist As Monopolies Or Should Casinos Be In Open Markets?, William N. Thompson, Catherine Prentice

UNLV Gaming Law Journal

No abstract provided.


The Doj Gives States A Gift, I. Nelson Rose University of Nevada, Las Vegas -- William S. Boyd School of Law

The Doj Gives States A Gift, I. Nelson Rose

UNLV Gaming Law Journal

No abstract provided.


Bedside Bureaucrats: Why Medicare Reform Hasn't Worked, Nicholas Bagley University of Michigan Law School

Bedside Bureaucrats: Why Medicare Reform Hasn't Worked, Nicholas Bagley

Articles

Notwithstanding its obvious importance, Medicare is almost invisible in the legal literature. Part of the reason is that administrative law scholars typically train their attention on the sources of external control over agencies’ exercise of the vast discretion that Congress so often delegates to them. Medicare’s administrators, however, wield considerably less policy discretion than the agencies that feature prominently in the legal commentary. Traditional administrative law thus yields slim insight into Medicare’s operation. But questions about external control do not—or at least they should not—exhaust the field. An old and often disregarded tradition in administrative law ...


The Defense Of Entrapment In Administrative Proceedings, Jan Mark Dudman Pepperdine University

The Defense Of Entrapment In Administrative Proceedings, Jan Mark Dudman

Pepperdine Law Review

No abstract provided.


The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester Pepperdine University

The California Coastal Zone Conservation Act Of 1972: An Overview And Recent Developments, Bruce Tester

Pepperdine Law Review

No abstract provided.


The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan Pepperdine University

The Doctrine Of Primary Jurisdiction: Was It Inverted?, Patrick Callahan

Pepperdine Law Review

No abstract provided.


Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo Western University

Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo

University of Western Ontario - Electronic Thesis and Dissertation Repository

Brazil’s toll-highway system is among the most extensive tolling systems on the planet. This extensive toll-highway system affects millions of Brazilians, particularly because it is increasingly difficult for Brazilians to move between work and home without passing through a number of toll gates. Moreover, most toll roads in Brazil have been conceded from the government to private actors, and regulations governing the actions of these private actors (and the rates they charge to highway users) are sparse. This thesis will examine the nature of the highway toll industry in Brazil, the laws conceding toll roads to private actors, and ...


The Plaintiff’S Last Chance: Foia’S Waiver Doctrine, Sydney Hutchins Seton Hall Law

The Plaintiff’S Last Chance: Foia’S Waiver Doctrine, Sydney Hutchins

Student Scholarship

No abstract provided.


Statement Of The Association Of Administrative Law Judges, Inc., Officers and Board Pepperdine University

Statement Of The Association Of Administrative Law Judges, Inc., Officers And Board

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg Pepperdine University

Administrative Hearings: State Central Panels In The 1990s, Allen Hoberg

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons For The Feds, Edwin L. Felter Jr Pepperdine University

The Hidden Executive Branch Judiciary: Colorado's Central Panel Experience - Lessons For The Feds, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke Pepperdine University

The Central Hearing Agency: Theory And Implementation In Maryland, John W. Hardwicke

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


About Naalj, Edward J. Schoenbaum Pepperdine University

About Naalj, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Letter From The Editor, Edward J. Schoenbaum Pepperdine University

Letter From The Editor, Edward J. Schoenbaum

Journal of the National Association of Administrative Law Judiciary

No abstract provided.