Administrative Law Commons^™

Book Review: Government Contracts Under The Federal Acquisition Regulation, Robert C. Gusman

Pepperdine Law Review

No abstract provided.

Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle

Pepperdine Law Review

No abstract provided.

Effectuating Change In The Regulation Of Hiv Vaccines, Scott M. Engstrom

Scott M Engstrom

HIV has been at the forefront in politics, medicine, and law since its discovery in 1981. Over thirty years have passed since the virus began a wave of fear made worse by a sensationalist media. Though much of the uproar has dulled, the lasting effects on the American Psyche have remained as the AIDS death toll has risen. Although the medical community has made significant progress in managing the infection through complex drug cocktails, prevention remains the most effective tool in the fight against AIDS. However, the old aphorism “an ounce of prevention is worth a pound of cure” has …

This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

Usage-Based Pricing And Net Neutrality, Daniel Lyons

Daniel Lyons

No abstract provided.

The Impact Of Data Caps And Other Forms Of Usage Based Pricing For Broadband Access, Daniel Lyons

Daniel Lyons

No abstract provided.

The Illusion Of Interchangeability: The Benefits And Dangers Of Guidance-Plus Rulemaking In The Fda's Biosimilar Approval Process, Jonathan Stroud

Jonathan R. K. Stroud

On March 23, 2010, President Obama signed into law the ambitious Patient Protection and Affordable Care Act. While media attention focused largely on the sweeping changes the bill makes to the nation’s healthcare system, there was also a less-noticed rider to the bill, the Biologics Price Competition and Innovation Act of 2009 (Biosimilars Act). The Biosimilars Act grants the Food and Drug Administration (FDA) broad new authority to create an accelerated premarket approval pathway for generic competition to biologics in an attempt to drive biologic drug prices down and reduce the overall costs of health care. Traditionally, inventors of medical …

Educación Y Economía, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Reforming The Universal Service Fund For The Digital Age, Daniel Lyons

Daniel Lyons

No abstract provided.

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

Pepperdine Law Review

No abstract provided.

Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts, Cynthia R. Farina, Mary J. Newhart, Josiah Heidt, Cornell Erulemaking Initiative

Cornell e-Rulemaking Initiative Publications

This essay considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University.

An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …

Regulatory Takings: Survey Of A Constitutional Culture, James Valvo

James Valvo

Fifth Amendment property protections under the Takings Clause have grown increasingly contentious as governing entities have used regulations to limit what property owners can do with their land. This paper profiles regulatory takings jurisprudence from Pennsylvania Coal, to Penn Central, to Nollan and Dolan, and Tahoe-Sierra. The paper also examines conceptual constructs that have shaped the field’s evolution, including: the doctrine’s origin, the nuisance exception, the changed circumstances argument, unconstitutional conditions, temporary takings and the denominator problem.

The Administrative Judiciary's Independence Myth, James E. Moliterno

James E. Moliterno

No abstract provided.

Speech And The Self-Governance Value, Brian C. Murchison

Brian C. Murchison

No abstract provided.

A Tribute To Joseph Edward Ulrich, Brian C. Murchison, Ross W. Krumm, James Jennings, Robert Connolly '80l, Rebecca Buehler Connelly '88l, Samuel W. Calhoun, Lyman Johnson, Ann Maclean Massie, Uncas Mcthenia, Joan M. Shaughnessy, Sarah K. Wiant

Brian C. Murchison

This tribute honors Joseph Edward Ulrich, who in thirty-one years on the W&L Law faculty and in recent years as one-called-out-of-retirement, attained legendary status amidst fellow giants Roger Groot, Uncas McThenia, and Lash LaRue.

Health Courts And Malpractice Claims Adjudication Through Medicare: Some Questions, Timothy Stoltzfus Jost

Timothy S. Jost

No abstract provided.

Health Law And Administrative Law: A Marriage Most Convenient, Timothy Stoltzfus Jost

Timothy S. Jost

This symposium explores the complex relationship between health law and administrative law. It is based on the observation that these two fields of law are peculiarly intertwined. It attempts to understand why this is so, as well as whether it is necessary and whether it is desirable. Would we as a society, that is, be better off if health law were less permeated by administrative law? Even if we would be better off, is it indeed possible to extricate health law from administrative law? This essay begins by defining health law and administrative law. It then proceeds to describe the …

Environmental Supra-Nationalism, Mark A. Drumbl

Mark A. Drumbl

No abstract provided.

The End Game Of Deregulation: Myopic Risk Management And The Next Catastrophe, Thomas O. Mcgarity, Rena I. Steinzor

Rena I. Steinzor

On December 22, 2008, the contents of an enormous impoundment containing coal-ash slurry from the Tennessee Valley Authority’s (TVA) Kingston Fossil Fuel Plant poured into the Emory River. The proximate cause of the spill was the bursting of a poorly reinforced dike holding back a pit of sludge that towered 80 feet above the river and 40 feet above an adjacent road. The volume and force of the spill were so large that 1.1 billion gallons of the inky mess flowed across the river, inundating 300 acres of land in a layer four to five feet deep, uprooting trees, destroying …

Appeal No. 0844: Andrew & Kristi Stalker V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's order 2012-13; Rufener Unit (Chesapeake Exploration)