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Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li 2016 UC Berkeley

Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Minhao Benjamin Chen, Zhiyu Li

Minhao Benjamin Chen

Courts may function as “fire alarms” within a principal-agent framework that sees bureaucrats as imperfectly supervised servants of their political masters. In this paper, we compare how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries in which we would expect to find significant barriers to administrative litigation – the People’s Republic of China, Japan, and Singapore. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have answered the question of standing over time. It is possible to explain these ...


How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal 2015 University of Iowa College of Law

How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal

Andy Grewal

Commentators have expressed concern that a government loss in King v. Burwell, which addresses whether taxpayers can enjoy tax credits for policies purchased on federal health care exchanges, will lead to a "death spiral" during future enrollment seasons.

However, this discussion threatens to mask the potential tax problems facing persons who purchase policies this enrollment season. As this short article explains, purchasers may be faced with a surprising tax bill when they complete their 2015 tax returns. Additionally, the government has argued that it can protect customers from surprise tax bills, but it's authority to do so is far ...


Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk 2015 George Mason Univeristy School of Law

Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk

Richard Faulk

The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.


Comments On Public Lands: Title Transfer Proposals, Chuck Howe 2015 University of Colorado Law School

Comments On Public Lands: Title Transfer Proposals, Chuck Howe

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.


Dilution At The Patent And Trademark Office, Jeremy N. Sheff 2015 St. John's University

Dilution At The Patent And Trademark Office, Jeremy N. Sheff

Michigan Telecommunications and Technology Law Review

This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to ...


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim 2015 American University Washington College of Law

Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim

Margaret M. Kim

On April 16, 2015, legislation to reauthorize Trade Promotion Authority (TPA) was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015 or the Legislation) in the House and the Senate. TPA, formerly known as the fast-track authority, refers to “[the] authority of the U.S. president to negotiate international agreements that Congress can approve or disapprove, but not amend or filibuster.” TPA was last renewed under the Trade Act of 2002 during the George W. Bush Administration. Until it expired on July 1, 2007, eleven Free Trade Agreements (FTAs) were implemented under the supervision of President ...


Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton 2015 Office of the General Counsel, U.S. International Trade Commission

Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton

Georgia Journal of International & Comparative Law

No abstract provided.


Inter Partes Review As A Shield For Technology Purchasers: A Response To Gaia Bernstein’S The Rise Of The End-User In Patent Litigation, Brian J. Love 2015 Santa Clara University School of Law

Inter Partes Review As A Shield For Technology Purchasers: A Response To Gaia Bernstein’S The Rise Of The End-User In Patent Litigation, Brian J. Love

Boston College Law Review

In her Article, The Rise of the End User in Patent Litigation, Professor Bernstein makes the case for legislative and judicial action designed to protect technology users from abusive patent enforcement that exploits their relative lack of resources and technical knowledge. This Essay presents the findings of an empirical study designed to determine the extent to which this problem has been mitigated in recent months by inter partes review (“IPR”)—a reform signed into law more than three years ago but only now emerging as a powerful shield for those accused of patent infringement. My findings suggest that IPR has ...


When Nominal Is Reasonable: Damages For The Unpracticed Patent, Oskar Liivak 2015 Cornell Law School

When Nominal Is Reasonable: Damages For The Unpracticed Patent, Oskar Liivak

Boston College Law Review

To obtain a substantial patent damage award a patentee need not commercialize the patented invention; the patentee need only show that its patent was infringed. This surely incentivizes patenting but it dis-incentivizes innovation. Why commercialize yourself? The law allows you to wait for others to take the risks, and then you emerge later to lay claim to “in no event less than a reasonable” fraction of other people’s successes. It is rational to be a patent troll rather than an innovator. This troll-enabling interpretation of patent law’s reasonable royalty provision, however, is wrong as a matter of patent ...


Dubious Patent Reform, Gregory Dolin M.D. 2015 University of Baltimore School of Law

Dubious Patent Reform, Gregory Dolin M.D.

Boston College Law Review

The 2011 America Invents Act sought to drastically improve the American patent system by creating new review processes for already issued patents. These processes were meant to reduce patent litigation costs and clear the field of “dubious patents,” all the while increasing certainty in the existence and scope of patent rights. Though this was not the first attempt to achieve these goals, Congress failed to heed the lessons of past reforms or fully take into account the costs associated with these new post-issuance review mechanisms. The result was a set of dubious reforms. This Article marshals empirical data and case-study ...


The Completeness Requirement In Patent Law, Dmitry Karshtedt 2015 Stanford Law School

The Completeness Requirement In Patent Law, Dmitry Karshtedt

Boston College Law Review

This Article argues that courts have created a de facto extra-statutory condition of patentability, herein termed the “completeness” requirement. This requirement bars patents on certain inventions whose chief value lies in their function as inputs into downstream research. The Article contends that the notion of completeness explains doctrinal innovations that are difficult to rationalize any other way. Although it reflects an important policy of limiting unduly preemptive patent claims on foundational, building-block inventions, the completeness requirement in its current form fails to implement this policy in a way that is coherent and consistent with patent law’s utilitarian goals. In ...


The Art Of Atonement: How Mandated Transparency Can Help Return Masterpieces Lost During World War Ii, Lucia Foulkes 2015 Boston College Law School

The Art Of Atonement: How Mandated Transparency Can Help Return Masterpieces Lost During World War Ii, Lucia Foulkes

Boston College International and Comparative Law Review

Sixty years after the end of World War II much of the artwork looted or forcibly sold during the war has yet to be returned to its rightful owners. One of the primary problems encountered by individuals pursuing claims is that it is difficult to locate the necessary documentation on provenance. Organizations with information on a piece’s history, museums in particular, often have a disincentive to share information that could assist in an heir’s claim. A mandatory reporting requirement, for government and museum officials with unique access to information on provenance, would counterbalance that reluctance, and address the ...


Pepperdine University School Of Law Legal Summaries, Nicole Banister, Samantha Koopman 2015 Pepperdine University

Pepperdine University School Of Law Legal Summaries, Nicole Banister, Samantha Koopman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Regulation Of Internet Gambling In The United States: It's Time For The Federal Government To Deal The Cards, Benjamin Miller 2015 Pepperdine University

The Regulation Of Internet Gambling In The United States: It's Time For The Federal Government To Deal The Cards, Benjamin Miller

Journal of the National Association of Administrative Law Judiciary

This comment will provide an overview of the history of gambling laws and regulations in the United States to establish a framework for the analysis of regulation of Internet gambling. Next, this comment will discuss the current state of the law regarding Internet gambling in the United States and the effects of recent legal developments in the industry. This comment will expound on state action in the realm of Internet gambling, including proposed legislation, the expansion of state gambling commissions, and successfully enacted legislation. Finally, this comment will analyze the implications of state actions and how they relate and contribute ...


Sacrificing Privacy For Convenience: The Need For Stricter Ftc Regulations In An Age Of Smartphone Surveillance, Ashton McKinnon 2015 Pepperdine University

Sacrificing Privacy For Convenience: The Need For Stricter Ftc Regulations In An Age Of Smartphone Surveillance, Ashton Mckinnon

Journal of the National Association of Administrative Law Judiciary

This comment aims to focus on the most frequently used connector that consumers treasure not only for convenience but also as a lifelong necessity - the smartphone. The FTC needs to enforce federally mandated guidelines that will allow the consumer to use technology without the technology using the consumer. Part II of this comment focuses on the type of information that can be collected by various companies, service providers, and agencies from an individual's smartphone, and the intentions of these collectors behind use of this information. Part III evaluates how applications (apps) contribute to this scheme, and, specifically, apps' recordkeeping ...


An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus 2015 Pepperdine University

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly of the Commonwealth of Pennsylvania 2015 Pepperdine University

Reforming The Administrative Law Of Pennsylvania: Staff Report 2014, Joint State Government Commission: General Assembly Of The Commonwealth Of Pennsylvania

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Navigating The Doj Fcpa Opinion Procedure: Certainty For Businesses Facing Increased, Indeterminate Anti-Bribery Enforcement, Fahad A. Juneja 2015 Pepperdine University

Navigating The Doj Fcpa Opinion Procedure: Certainty For Businesses Facing Increased, Indeterminate Anti-Bribery Enforcement, Fahad A. Juneja

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel 2015 Pepperdine University

Are The Outcomes Of Hearing (And Review) Officer Decisions Different For Pro Se And Represented Parents?, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The Individuals with Disabilities Education Act (IDEA) provides states with the option of having one or two tiers of administrative adjudication prior to the judicial level of dispute resolution. Although the numbers of states that have only a hearing officer level and those that additionally have a second tier, i.e., review officer level, have fluctuated, the net direction and overall balance has been clearly in favor of a one-tier system. Although originally established as a relatively informal and expedited means of adjudication in comparison to the courts, these administrative levels have become increasingly legalized. Given the costs of legal ...


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