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Investment Disputes Oltre Lo Stato: On Global Administrative Law, And Fair And Equitable Treatment, Sebastián López Escarcena 2018 Pontifical Catholic University of Chile

Investment Disputes Oltre Lo Stato: On Global Administrative Law, And Fair And Equitable Treatment, Sebastián López Escarcena

Boston College Law Review

Global Administrative Law is an academic project that attempts to describe the emergence of a regulatory space beyond the state and to prescribe solutions to the problems it diagnoses through certain normative principles like participation, transparency, reasoned decision-making, judicial review, accountability, proportionality, and legitimate expectations. In the case of investment treaty arbitration, the principles advanced by Global Administrative Law are akin to the constitutive elements of the fair and equitable treatment that international arbitral tribunals have identified in investor-state disputes. As classified by international law scholars, these constitutive elements of fair and equitable treatment include due process, arbitrariness, non-discrimination, vigilance ...


Balancing Sustainability, The Right To Regulate, And The Need For Investor Protection: Lessons From The Trade Regime, Elizabeth Trujillo 2018 Texas A&M University Law School

Balancing Sustainability, The Right To Regulate, And The Need For Investor Protection: Lessons From The Trade Regime, Elizabeth Trujillo

Boston College Law Review

Recent initiatives for investment reform demonstrated by the 2016 United Nations Conference on Trade and Development and 2018 World Investment Reports have raised key issues for sustainable development in the context of investment in natural resources and energy. Where there has been increasing convergence between trade and environmental norms as trade regimes confront domestic regulatory measures for environmental protection and climate change mitigation, similarly investment regimes also have had to address such domestic measures but with little progress towards normative convergence. At the same time, there’s an increasing skepticism for the traditional models of globalization of the 1990s and ...


Avoiding The Planned Obsolescence Of Modern International Investment Agreements: Can General Exception Mechanisms Be Improved, And How?, Camille Martini 2018 Cleary Gottlieb Steen & Hamilton;

Avoiding The Planned Obsolescence Of Modern International Investment Agreements: Can General Exception Mechanisms Be Improved, And How?, Camille Martini

Boston College Law Review

In light of the increase in investor-state disputes brought by foreign investors under the arbitration clauses contained in international investment agreements (“IIAs”), treaty negotiators have started to develop safeguards in recent IIAs in an attempt to mitigate the impact of these agreements on their regulatory powers. General exception clauses modeled on Article XX of the General Agreement on Tariffs and Trade are part of these new treaty provisions. General exceptions clauses are, in their current form, a source of uncertainty rather than coherence. Recent arbitration cases have shed light on the unworkable enforceability requirements contained in general exceptions clauses, preventing ...


Contracts That Impede Entry By More Efficient Telecommunications Rivals, Stanley M. Besen, Bridger M. Mitchell 2018 CRA International, Inc.

Contracts That Impede Entry By More Efficient Telecommunications Rivals, Stanley M. Besen, Bridger M. Mitchell

Minnesota Journal of Law, Science & Technology

No abstract provided.


State Of Nev. Local Gov’T Emp. Mgmt. Bd., V. Educ. Support Emp. Ass’N, 134 Nev. Adv. Op. 86 (Nov. 8, 2018), Amanda Netuschil 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

State Of Nev. Local Gov’T Emp. Mgmt. Bd., V. Educ. Support Emp. Ass’N, 134 Nev. Adv. Op. 86 (Nov. 8, 2018), Amanda Netuschil

Nevada Supreme Court Summaries

The Court determined that the plain language application of NRS § 288.160 and Nevada Administrative Code (NAC) 288.110 states that the vote-counting standard is to be determined by the majority of members of the bargaining unit and not by a majority of the votes cast.


Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport 2018 University of New Mexico

Creating A Workplace Culture Of Civility And Respect: Preventing Unlawful Harassment And Discrimination, Rose Davenport

Shared Knowledge Conference

This research project identifies a plan to study best practices addressing unlawful workplace harassment and discrimination in New Mexico-based hospital healthcare systems. Initially, this project focusses on Presbyterian Healthcare Services and the University of New Mexico Hospital, with the possibility of including other local healthcare systems. In light of recent developments from “#MeToo” and “Time’s Up” movements, the issues of unlawful sexual harassment and discrimination are hot topics in today’s society and need to be more openly addressed by all levels of an organization, in order to identify these issues head-on and hopefully prevent them from continuing to ...


287(G) Agreements In The Trump Era, Huyen Pham 2018 Texas A&M University School of Law

287(G) Agreements In The Trump Era, Huyen Pham

Washington and Lee Law Review

No abstract provided.


Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom 2018 Boston College Law School

Expedited Removal And Due Process: “A Testing Crucible Of Basic Principle” In The Time Of Trump, Daniel Kanstroom

Washington and Lee Law Review

No abstract provided.


Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson 2018 New York Law School

Administrative Chaos: Responding To Child Refugees—U.S. Immigration Process In Crisis, Lenni B. Benson

Washington and Lee Law Review

No abstract provided.


Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen 2018 Washington and Lee University School of Law

Sanctuary Networks And Integrative Enforcement, Ming Hsu Chen

Washington and Lee Law Review

My intended focus is on the widespread response—in cities, churches, campuses, and corporations that together comprise “sanctuary networks”1—to the Trump Administration’s Executive Order 13768 Enhancing Public Safety in the Interior of the United States2 as an instance of the changing relationship between federal, local, and private organizations in the regulation of immigration. After briefly covering the legal background of the Trump Interior E.O., the focus of the Article shifts to the institutional dynamics arising in communities. These institutional dynamics exemplify the beginnings of a reimagined immigration enforcement policy with a more integrative flavor.


Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade 2018 University of Georgia School of Law

Judicial Review Of Disproportionate (Or Retaliatory) Deportation, Jason A. Cade

Washington and Lee Law Review

No abstract provided.


National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia 2018 Penn State Law, University Park

National Security, Immigration And The Muslim Bans, Shoba Sivaprasad Wadhia

Washington and Lee Law Review

No abstract provided.


Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies 2018 Roger Williams University School of Law

Deconstructing “Sanctuary Cities”: The Legality Of Federal Grant Conditions That Require State And Local Cooperation On Immigration Enforcement, Peter Margulies

Washington and Lee Law Review

No abstract provided.


Principles Of Risk Imposition And The Priority Of Avoiding Harm, Gregory C. Keating 2018 University of Southern California

Principles Of Risk Imposition And The Priority Of Avoiding Harm, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

Standards which prescribe more than efficient precaution against physical harm and health injury are commonplace in American environmental, health and safety regulation. The “safe level” standard, for example, requires the elimination of all significant risks. The “feasibility” standard requires the elimination of significant risks to the extent insofar as it is possible to do so without impairing the long run survival of the activities which give rise to the risks. These standards reach back more than a generation to the founding of the Environmental Protection and Occupational Health and Safety Agencies. You might expect them to be too well-entrenched to ...


Sarfo V. State Bd. Of Medical Examiners, 134 Nev. Adv. Op. 85 (Nov. 1, 2018), Nathaniel Saxe 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Sarfo V. State Bd. Of Medical Examiners, 134 Nev. Adv. Op. 85 (Nov. 1, 2018), Nathaniel Saxe

Nevada Supreme Court Summaries

The Court determined that when a complaint is filed with the Nevada State Board of Medical Examiners against a physician, the physician’s due process rights do not attach to the fact-finding role of the administrative agency.


Due Process, Free Expression, And The Administrative State, Martin H. Redish, Kristin McCall 2018 Northwestern University Pritzker School of Law

Due Process, Free Expression, And The Administrative State, Martin H. Redish, Kristin Mccall

Notre Dame Law Review

The first Part of this Article will explore the theoretical foundations of procedural due process, focusing particularly on the essential due process requirement of a neutral adjudicator. We will follow that discussion with an analysis of the extent to which administrative adjudication of constitutional challenges to its regulatory authority or decisions satisfies the demands of procedural due process. After concluding that administrative regulators categorically fail to satisfy the requirements of due process, at least in the context of constitutional challenges to their regulatory authority, we will explain why the availability of post–administrative judicial review cannot cure the constitutional defect ...


Auer Deference: Doubling Down On Delegation's Defects, Ronald A. Cass 2018 Boston University School of Law

Auer Deference: Doubling Down On Delegation's Defects, Ronald A. Cass

Fordham Law Review

Together with the better-known Chevron deference rule, the doctrine articulated in Auer v. Robbins two decades ago—which makes reasonable administrative constructions of ambiguous administrative rules binding on courts in most circumstances—has become a focal point for concerns about the expanding administrative state. Auer deference, even more than Chevron deference, enlarges administrative authority in ways that are at odds with basic constitutional structures and due process requirements. Objections to Auer have provided cogent reasons for why courts should not grant deference to administrative interpretations merely because an agency’s rule is unclear. The most commonly voiced objections, however, do ...


Home Rules: The Case For Local Administrative Procedure, Casey Adams 2018 Fordham University School of Law

Home Rules: The Case For Local Administrative Procedure, Casey Adams

Fordham Law Review

Administrative law is critical to the modern practice of governance. Administrative rules fill the gaps in statutes left open by lawmakers, allow agencies to exercise legislative grants of authority and discretion, and give agencies with subject-matter expertise and frontline experience the opportunity to promulgate detailed standards and requirements in their designated issue areas. Adjudication allows an agency to dispose of matters and disputes formally before it, whether under its rules or another source of law. While agencies at every level of government—federal, state, and local— engage in administrative action, legal scholarship on administrative law is almost exclusively focused on ...


The "Broadest Reasonable Interpretation" And Applying Issue Preclusion To Administrative Patent Claim Construction, Jonathan I. Tietz 2018 University of Michigan Law School

The "Broadest Reasonable Interpretation" And Applying Issue Preclusion To Administrative Patent Claim Construction, Jonathan I. Tietz

Michigan Law Review

Inventions are tangible. Yet patents comprise words, and words are imprecise. Thus, disputes over patents involve a process known as “claim construction,” which formally clarifies the meaning of a patent claim’s words and, therefore, the scope of the underlying property right. Adversarial claim construction commonly occurs in various Article III and Article I settings, such as district courts or the Patent Trial and Appeal Board (PTAB). When these proceedings ignore each other’s claim constructions, a patent’s scope can become inconsistent and unpredictable. The doctrine of issue preclusion could help with this problem. The Supreme Court recently reemphasized ...


Sopra? So What? Chevron Reform Misses The Target Entirely, Kristen Hickman 2018 University of St. Thomas, Minnesota

Sopra? So What? Chevron Reform Misses The Target Entirely, Kristen Hickman

University of St. Thomas Law Journal

No abstract provided.


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