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10163 full-text articles. Page 4 of 264.

Human Equity? Regulating The New Income Share Agreements, Diane M. Ring, Shu-Yi Oei 2017 Boston College Law School

Human Equity? Regulating The New Income Share Agreements, Diane M. Ring, Shu-Yi Oei

Shu-Yi Oei

A controversial new financing phenomenon has recently emerged. New “income share agreements” (“ISAs”) enable an individual to raise funds by pledging a percentage of her future earnings to investors for a certain number of years. These contracts, which are offered by entities such as Fantex, Upstart, Pave, and Lumni, raise important questions for the legal system: Are they a form of modern-day indentured servitude or an innovative breakthrough in human financing? How should they be treated under the law? This Article constitutes the first real attempt in the legal literature to comprehensively address the public policy and legal issues raised ...


Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky 2017 Washington and Lee University School of Law

Scaling "Local": The Implications Of Greenhouse Gas Regulation In San Bernardino County, Hari M. Osofsky

Hari Osofsky

This Essay analyzes local climate regulation in San Bernardino County as a window into the complexities of defining a local scale in an interconnected world. In so doing, it aims to contribute to the Symposium's broader dialogue about "Territory Without Boundaries" and the Panel's more specific discussion of "Urban Territory in a Global World." As a purely territorial matter, U.S. cities and counties differ substantially in their sizes, the quantity and physical characteristics of their land, the size and density of their populations, and the needs of their citizens. Structurally, these localities remain administrative subunits of states ...


National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born 2017 Indiana University Maurer School of Law

National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born

Indiana Law Journal

No abstract provided.


Oversight Of Oversight: A Proposal For More Effective Foia Reform, Aram A. Gavoor, Daniel Miktus 2017 The Catholic University of America, Columbus School of Law

Oversight Of Oversight: A Proposal For More Effective Foia Reform, Aram A. Gavoor, Daniel Miktus

Catholic University Law Review

One of the main mechanisms by which the public can gather information about government activity is through the Freedom of Information Act (FOIA). This Article suggests that FOIA contains inconsistencies that lead to a less transparent government. Gaps and ambiguities in its language that invite and require federal agency interpretation, are at odds with FOIA’s de novo standard of review. This Article suggests that FOIA’s public policy goals would be better served if Congress takes decisive action to clarify FOIA’s language and fill in such ambiguities and gaps.


Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser 2017 Morisset, Schlosser, Jozwiak & Somerville

Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Pharmaceutical Federalism, Patricia J. Zettler 2017 Georgia State University College of Law

Pharmaceutical Federalism, Patricia J. Zettler

Faculty Publications By Year

There is growing interest in states regulating pharmaceuticals in ways that challenge the U.S. Food and Drug Administration’s (FDA) federal oversight. For example, in 2013 Maine enacted a law to permit the importation of unapproved drugs, reflecting concerns that federal requirements are too restrictive, while in 2014 Massachusetts banned an FDA-approved painkiller, reflecting concerns that federal requirements are too lax. This Article provides an account of this recent state interest in regulating drugs and considers its consequences. It argues that these state regulatory efforts, and the nascent litigation about them, demonstrate that the preemptive reach of the FDA ...


Comm’N On Ethics Of Nev. V. Hansen, 133 Nev. Adv. Op. 39 (Jun. 29, 2017), Wesley Lemay Jr. 2017 Nevada Law Journal

Comm’N On Ethics Of Nev. V. Hansen, 133 Nev. Adv. Op. 39 (Jun. 29, 2017), Wesley Lemay Jr.

Nevada Supreme Court Summaries

An attorney for a public body, such as the Nevada Commission on Ethics, must obtain authorization from the client in a public meeting before filing an appeal of a district court decision. Failure to obtain authorization results in a defective, invalid notice of appeal.


Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh 2017 Nevada Law Journal

Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh

Nevada Supreme Court Summaries

The term “satisfactory”, as used in county code providing for liquor licensing, was not unconstitutionally vague where the provision was not related to any civil or criminal penalty. Additionally, Respondents did not violate Appellant’s due process rights by denying his application for a liquor license because Appellant had no cognizable property interest in or entitlement to the license. Finally, Appellant’s equal protection rights were not violated because Respondents had a rational basis for denying Appellant’s application.


On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, "Agency Capture," And Airline Security , Mark C. Niles 2017 Selected Works

On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, "Agency Capture," And Airline Security , Mark C. Niles

Mark Niles

No abstract provided.


Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles 2017 Selected Works

Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles

Mark Niles

No abstract provided.


Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey S. Lubbers 2017 American University

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey S. Lubbers

Jeffrey Lubbers

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers 2017 Selected Works

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Jeffrey Lubbers

No abstract provided.


The Fcc And Quasi-Common Carriage: A Case Study Of Agency Survival, Brent Skorup, Joseph Kane 2017 George Mason University

The Fcc And Quasi-Common Carriage: A Case Study Of Agency Survival, Brent Skorup, Joseph Kane

Minnesota Journal of Law, Science & Technology

No abstract provided.


Regulatory Hide And Seek: What Agencies Can (And Can't) Do To Limit Judicial Review, Bryan Clark, Amanda C. Leiter 2017 Law Clerk, U.S. District Court for the District of Kansas

Regulatory Hide And Seek: What Agencies Can (And Can't) Do To Limit Judicial Review, Bryan Clark, Amanda C. Leiter

Amanda Leiter

Many authors discuss judicial oversight of agency actions. Our subject, which is less well examined, is agencies’ role in modulating that oversight. We consider cases in which the timing or form of an agency action has curtailed judicial review of the agency’s policy choices. In some such cases, the agency’s choice of form deprived the court of statutory or Article III jurisdiction. In others, the court chose to delay or deny review to avoid interfering with agency policy development. Despite these differences, though, all such “reviewability” cases pose important constitutional questions about the degree to which an agency ...


Designing Administrative Justice: Draft, Lorne Sossin 2017 Osgoode Hall Law School of York University

Designing Administrative Justice: Draft, Lorne Sossin

Lorne Sossin

This study explores the adaptation of design thinking to administrative justice. Design thinking – or human centred design – approaches services and products from the perspective of the user. This perspective too often is missing in the design of administrative tribunals, most of which have been developed top-down to serve the needs of a particular policy interest of the Government of the day. This paper is divided into two parts. In the first part, I review the development of design thinking in the context of legal services and legal organizations. In the second part, I explore the implications of this development for ...


Legitimate Expectations In Canada: Soft Law And Tax Administration, Sas Ansari, Lorne Sossin 2017 Osgoode Hall Law School of York University

Legitimate Expectations In Canada: Soft Law And Tax Administration, Sas Ansari, Lorne Sossin

Lorne Sossin

This chapter examines the relationship between legitimate expectations and soft law. In what circumstances can an agency’s guidelines create law — or at least legally enforceable expectations? At first glance, the answer would appear obvious. The key reason for developing soft law is to provide guidance and transparency as to the process (and sometimes the substance) of administrative action. Soft law by its nature gives rise to expectations. Whether those expectations, in turn, give rise to legal effects is decidedly less clear. In fact, this question has vexed Canadian administrative law. Nowhere are questions of soft law and legitimate expectations ...


Standing Voting Instructions: Empowering The Excluded Retail Investor, Jill E. Fisch 2017 University of Pennsylvania Law School

Standing Voting Instructions: Empowering The Excluded Retail Investor, Jill E. Fisch

Faculty Scholarship

Despite the increasing importance of shareholder voting, regulators have paid little attention to the rights of retail investors who own approximately 30% of publicly traded companies but who vote less than 30% of their shares. A substantial factor contributing to this low turnout is the antiquated mechanism by which retail investors vote. The federal proxy voting rules place primary responsibility for facilitating retail voting in the hands of custodial brokers who have limited incentives to develop workable procedures, and current regulatory restrictions impede market-based innovation that incorporate technological innovations.

One of the most promising such innovations is standing voting instructions ...


Yazzie V. Epa, Caitlin Buzzas 2017 Alexander Blewett III School of Law at the University of Montana

Yazzie V. Epa, Caitlin Buzzas

Public Land and Resources Law Review

No abstract provided.


Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen 2017 Abbott & Kindermann, Inc.

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation ...


Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly McGrath 2017 Boston College Law School

Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly Mcgrath

Boston College Environmental Affairs Law Review

Citizen plaintiffs play a vital role in the enforcement of the Endangered Species Act (“ESA”). In Strahan v. Roughead, the United States District Court for the District of Massachusetts opened the possibility for expansion of a citizen’s ability to impose its own policy preference upon federal agencies working to comply with their statutory requirements under the ESA. Although the District Court properly denied the defendant’s motion to dismiss on the basis of mootness, it erred in its rationale. A plaintiff’s claim under the ESA may survive a mootness challenge, even after the violating agency has reinitiated consultation ...


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