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Catalogs, Alex Stein, Gideon Parchomovsky 2015 SelectedWorks

Catalogs, Alex Stein, Gideon Parchomovsky

Alex Stein

It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become ...


The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers 2015 Drexel University Thomas R. Kline School of Law

The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers

Amy L. Landers

The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.

Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated ...


Inside Agency Interpretation, Christopher J. Walker 2015 SelectedWorks

Inside Agency Interpretation, Christopher J. Walker

Christopher J. Walker

The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. As positive political theorists have long explored, Congress intends for federal agencies to faithfully exercise their delegated authority, but ensuring fidelity to congressional wishes is difficult due to asymmetries in information, expertise, and preferences that complicate congressional control and oversight. Indeed, this principal-agent problem has a democratic and constitutional dimension, as the legitimacy of administrative governance may well depend on whether the unelected bureaucracy is a faithful agent of Congress. Despite the predominance of lawmaking by regulation and the decades-long application of principal-agent ...


Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall 2014 American University Washington College of Law

Will It Really Save You? Analyzing The Campus Sexual Violence Elimination Act, Rachel Marshall

Legislation and Policy Brief

No abstract provided.


Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik 2014 American University Washington College of Law

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate criminal ...


Suppuration Of Powers: Abscam, Entrapment And The Politics Of Expulsion, Henry Biggs 2014 American University Washington College of Law

Suppuration Of Powers: Abscam, Entrapment And The Politics Of Expulsion, Henry Biggs

Legislation and Policy Brief

No abstract provided.


Editor's Welcome, Zachary I. Gold 2014 American University Washington College of Law

Editor's Welcome, Zachary I. Gold

Legislation and Policy Brief

No abstract provided.


General Discussion, Third Comparative Labor Law Roundtable 2014 University of Georgia School of Law

General Discussion, Third Comparative Labor Law Roundtable

Georgia Journal of International & Comparative Law

No abstract provided.


Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin 2014 SelectedWorks

Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin

Max Levin

Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking ...


The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck 2014 University of Georgia School of Law

The Accidental Terrorists: Excludable Aliens Who Slip Across U.S. Borders, Susan M. Schreck

Georgia Journal of International & Comparative Law

No abstract provided.


Can An Illinois Not-For-Profit Membership Corporation Be Created As A “Shell Corporation”?, Wm. Dennis Huber 2014 SelectedWorks

Can An Illinois Not-For-Profit Membership Corporation Be Created As A “Shell Corporation”?, Wm. Dennis Huber

Wm. Dennis Huber

While this inquiry focuses on Illinois not-for-profit corporations the question is important not just for Illinois, but for all jurisdictions with similar not-for-profit corporation laws. The question is more than an academic exercise and the answer has important and potentially serious consequences. In a recent action by a member of an Illinois not-for-profit corporation for judicial dissolution of the corporation alleging those in control of the corporation “have acted, are acting, or will act in a manner that is illegal, oppressive or fraudulent” the corporation moved to dismiss the action under 2-619(a)(9) claiming it never had any members ...


The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson 2014 University of Pennsylvania Law School

The Rise And Fall And Resurrection Of American Criminal Codes, Paul H. Robinson

Faculty Scholarship

This brief essay summarizes the virtues of the modern American codification movement of the 1960s and 70s, putting it in a larger global context, then describes how these once-enviable codes have been systematically degraded with thoughtless amendments, a process of degradation that is accelerating each year. After exploring the political dynamics that promote such degradation, the essay suggests the principles and procedures for fixing the current codes and, more importantly, structural changes to the process that could avoid the restart of degradation in the future.


Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter 2014 SelectedWorks

Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter

Kara A Ritter

No abstract provided.


Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar 2014 University of Georgia School of Law

Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar

Georgia Journal of International & Comparative Law

No abstract provided.


Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker 2014 SelectedWorks

Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker

Christopher J. Walker

This Foreword introduces a Fordham Law Review symposium held in March 2014 to mark the thirtieth anniversary of Chevron U.S.A. v. Natural Resources Defense Council. The most-cited administrative-law decision of all time, Chevron has sparked thirty years of scholarly discussion concerning what Chevron deference means, when (or even if) it should apply, and what impact it has had on the administrative state. Part I of the Foreword discusses the symposium contributions that address Chevron’s scope and application, especially in light of City of Arlington v. FCC. Part II introduces the contributions that explore empirically and theoretically Chevron ...


Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker 2014 SelectedWorks

Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker

Christopher J. Walker

For three decades, scholars (as well as courts and litigants) have written thousands of articles (and opinions and briefs) concerning the impact of the Chevron deference regime on judicial review of agency statutory interpretation. Little attention, however, has been paid to how Chevron and its progeny have actually shaped statutory interpretation inside the regulatory state. As part of the Fordham Law Review symposium Chevron at 30: Looking Back and Looking Forward, this Essay presents the findings of the first comprehensive empirical investigation into the effect of Chevron and related doctrines on how federal agencies interpret statutes they administer.

The Essay ...


Hunger, Food Prices, And The Food Safety Modernization Act: Balancing Physical Safety And Food Security, Kelly M. Gay 2014 University of Florida Levin College of Law

Hunger, Food Prices, And The Food Safety Modernization Act: Balancing Physical Safety And Food Security, Kelly M. Gay

Florida Law Review

The Food and Drug Administration (FDA) Food Safety Modernization Act (Modernization Act) was signed into law by President Barack Obama on January 4, 2011. The goal of the Act is to reform the United States’ food safety regulations that attempt to safeguard the American public from foodborne illness. However, America is also in the middle of a hunger crisis—millions of Americans are unable to provide enough food for themselves and their families due to a lack of financial resources. The Modernization Act has the potential to increase the cost of food production and pass this cost along to the ...


Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell 2014 University of Georgia School of Law

Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell

Georgia Journal of International & Comparative Law

No abstract provided.


The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson 2014 University of Georgia School of Law

The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas 2014 University of Georgia School of Law

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


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