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11,233 full-text articles. Page 7 of 280.

Reconstructing An Administrative Republic, Jeffrey A. Pojanowski 2018 Notre Dame Law School

Reconstructing An Administrative Republic, Jeffrey A. Pojanowski

Michigan Law Review

Review of Jon D. Michaels, Constitutional Coup: Privatization's Threat to the American Republic.


Restoring Congress's Role In The Modern Administrative State, Christopher J. Walker 2018 Ohio State University

Restoring Congress's Role In The Modern Administrative State, Christopher J. Walker

Michigan Law Review

A review of Josh Chafetzm Congress's Constitution: Legislative Authority and Separation of Powers.


Third-Party Institutional Proxy Advisors: Conflicts Of Interest And Roads To Reform, Matthew Fagan 2018 University of Michigan Law School

Third-Party Institutional Proxy Advisors: Conflicts Of Interest And Roads To Reform, Matthew Fagan

University of Michigan Journal of Law Reform

With the rise of institutional activist investors in recent decades—including a purported 495 activist campaigns against U.S. corporations in 2016 alone—the role that third-party institutional proxy advisors play in corporate governance has greatly increased. The United States Office of Government Accountability estimates that clients of the top five proxy advisory firms account for about $41.5 trillion in equity throughout the world. For several years, discussions have developed regarding conflicts of interest faced by proxy advisors. For example, Institutional Shareholder Services, the top proxy advisory firm in the world, frequently provides advice to institutional investors on how ...


Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat 2018 University of Michigan Law School

Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat

University of Michigan Journal of Law Reform

This Note analyzes the new HUD rule finalized in November 2016, which dramatically changed the structure of the Housing Choice Voucher program in select metropolitan areas. In August 2017, HUD suspended automatic implementation of the rule until 2020 for twenty-three of the twenty-four selected metropolitan areas, but in December 2017, a preliminary injunction was granted requiring HUD to implement the rule as of January 1, 2018. The rule as written changes the method for calculating the vouchers from using a metropolitan area-wide average to calculating a separate level for each zip code. Such a change could greatly deconcentrate poverty and ...


Shucking A Patent: How A Simple Best Available Technology Law Can Break The Shell Of Patent Protections, Antonio G. Fraone 2018 Boston College Law School

Shucking A Patent: How A Simple Best Available Technology Law Can Break The Shell Of Patent Protections, Antonio G. Fraone

Boston College Law Review

Best available technology laws attempt to force the utilization of the most efficient and environmentally friendly technology that is economically achievable for a regulated actor to implement. Sustainability and numerous environmental benefits come from these laws. Although simple to create, the implementation of a best available technology law is difficult and the sought effects of it are unrealized due to vagueness, reliance on the regulated to change, and lack of specifics to ensure true compliance. Patent law adds to this problem due to the protections available to patent holders that grants them the power to exclude others from utilizing their ...


Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa 2018 Concordia Univeristy School of Law

Weed And Water Law: Regulating Legal Marijuana, Ryan Stoa

Ryan B. Stoa

Marijuana is nearing the end of its prohibition in the United States. Arguably the country’s largest cash crop, marijuana is already legal for recreational use in Colorado, Washington, Oregon, Alaska, and Washington DC. Between now and election day 2016, an additional 14 states may place marijuana legalization initiatives on their ballots. In addition, 23 states and Washington DC have legalized medical marijuana, with up to seven states pending legislation. The era of marijuana prohibition is rapidly coming to a close. At the same time, traditional doctrines of water law are struggling to cope with the modern realities of water ...


Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa 2018 Concordia Univeristy School of Law

Florida Water Management Districts And The Florida Water Resources Act: The Challenges Of Basin-Level Management, Ryan Stoa

Ryan B. Stoa

Florida’s plentiful freshwater resources are indispensable to the state’s municipal, agricultural, and environmental interests. As such, decision makers presiding over complex water management decisions wield extraordinary powers. The Water Resources Act of Florida vests these powers in five water management districts drawn according to hydrological, not political, boundaries. The water management districts have robust technical, financial, and regulatory powers, and hold the key to Florida’s sustainable development. With the stakes so high, Florida’s water management districts are at the center of a broad fight for control of water resources. In particular, transboundary water conflicts, political pressure ...


Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa 2018 Concordia Univeristy School of Law

Marijuana Agriculture Law: Regulation At The Root Of An Industry, Ryan Stoa

Ryan B. Stoa

Marijuana legalization is sweeping the nation. Recreational marijuana use is legal in eight states. Medical marijuana use is legal in thirteen states. Only three states maintain an absolute criminal prohibition on marijuana use. Many of these legalization initiatives propose to regulate marijuana in a manner similar to alcohol, and many titles are variations of the "Regulate Marijuana Like Alcohol Act." For political and public health reasons the analogy makes sense, but it also reveals a regulatory blind spot. States may be using alcohol as a model for regulating the distribution, retail, and consumption of marijuana, but marijuana is much more ...


Cooperative Federalism In Biscayne National Park, Ryan Stoa 2018 Concordia Univeristy School of Law

Cooperative Federalism In Biscayne National Park, Ryan Stoa

Ryan B. Stoa

Biscayne National Park is the largest marine national park in the United States. It contains four distinct ecosystems, encompasses 173,000 acres (only five percent of which are land), and is located within densely populated Miami-Dade County. The bay has a rich history of natural resource utilization, but aggressive residential and industrial development schemes prompted Congress to create Biscayne National Monument in 1968, followed by the designation of Biscayne National Park in 1980. When the dust settled, Florida retained key management powers over the Park, including joint authority over fishery management. States and the federal government occasionally share responsibility for ...


Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa 2018 Concordia Univeristy School of Law

Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa

Ryan B. Stoa

The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as ...


Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa 2018 Concordia Univeristy School of Law

Subsidiarity In Principle: Decentralization Of Water Resources Management, Ryan Stoa

Ryan B. Stoa

In this article, three countries' experiences with decentralized water resources management are profiled. Comparative analysis provides an illustration of some of the challenges that countries may face when implementing decentralized water laws and policies. In particular, the case studies demonstrate that income levels and financial resources play a significant role in the success of decentralized water resources management. In Haiti, decentralization policies have been largely ineffective, as statutory authorization for water resources management at both national and local levels has not been coupled with the financial or human resources required to effectively manage water resources. A similar story is being ...


Marijuana Appellations: The Case For Cannabicultural Designations Of Origin, Ryan Stoa 2018 Concordia Univeristy School of Law

Marijuana Appellations: The Case For Cannabicultural Designations Of Origin, Ryan Stoa

Ryan B. Stoa

An appellation is a certified designation of origin that may also require that certain quality or stylistic standards be met. Appellations are most commonly associated with the wine industry, but they can be applied to any agricultural product for which the geographic origin carries importance. The MMRSA [California Medical Marijuana Regulation and Safety Act] … may have far-ranging effects on the marijuana industry in the United States. [A provision of the act permits the state Bureau of Medical Marijuana Regulation to ‘establish appellations of origin for marijuana grown in California.’] As the most populous state in the Union and the most ...


The Proper Appellate Standard Of Review For Ptab Factual Findings Made Incidental To Claim Construction, A. David Brzozowski II 2018 The Catholic University of America, Columbus School of Law

The Proper Appellate Standard Of Review For Ptab Factual Findings Made Incidental To Claim Construction, A. David Brzozowski Ii

Catholic University Law Review

The America Invents Act (AIA) represents the most significant change to U.S. patent law since the 1952 Patent Act. Since its passage, the AIA has drawn wide support from the intellectual property community, primarily due to the new post-grant opposition proceedings the Act created.

However, certain aspects of the new system created by the AIA are controversial. Specifically, judges and practitioners alike debate which standard of review courts should apply to the factual findings made by the Patent Trial and Appeals Board (PTAB) during these opposition proceedings. While the Federal Circuit has reviewed all factual findings made at the ...


Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo 2018 The Catholic University of America, Columbus School of Law

Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo

Catholic University Law Review

The ability to obtain a security clearance has a wide-ranging impact from job placement to questions of fitness in a presidential election. Sustaining a functional career in intelligence, national security, and many other federal fields within the United States is nearly impossible without proper security clearance. In 2016, the importance of proper clearance evolved into a national debate as each presidential candidate staked claims that their opposition should be excluded from receiving sensitive material.

This Comment begins with a detailed history of modern security clearance procedures and MSPB reviews of clearance revocations. Part I focuses on those who need security ...


Table Of Contents And Editorial Board, Michelle Wellnitz 2018 Pepperdine University

Table Of Contents And Editorial Board, Michelle Wellnitz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pepperdine University School Of Law Legal Summaries, Armando Lopez 2018 Pepperdine University

Pepperdine University School Of Law Legal Summaries, Armando Lopez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto 2018 Pepperdine University

Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma 2018 Pepperdine University

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson 2018 Pepperdine University

A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Default License Revocation In California Administrative Law, Jacob Reinhardt 2018 Pepperdine University

Default License Revocation In California Administrative Law, Jacob Reinhardt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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