Legislation Commons

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Recent Articles in Legislation

Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck University of Nevada, Las Vegas -- William S. Boyd School of Law

Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck

UNLV Gaming Law Journal

No abstract provided.


Maine State Law And Legislative Reference Library, John Barden The University of Maine

Maine State Law And Legislative Reference Library, John Barden

Maine Policy Review

The Maine State Law and Legislative Reference Library provides reference assistance to legislators, the judiciary, state agencies, members of the bar, and citizens across the state of Maine and beyond from its rich and unique collection of legal and legislative materials.


Bedside Bureaucrats: Why Medicare Reform Hasn't Worked, Nicholas Bagley University of Michigan Law School

Bedside Bureaucrats: Why Medicare Reform Hasn't Worked, Nicholas Bagley

Articles

Notwithstanding its obvious importance, Medicare is almost invisible in the legal literature. Part of the reason is that administrative law scholars typically train their attention on the sources of external control over agencies’ exercise of the vast discretion that Congress so often delegates to them. Medicare’s administrators, however, wield considerably less policy discretion than the agencies that feature prominently in the legal commentary. Traditional administrative law thus yields slim insight into Medicare’s operation. But questions about external control do not—or at least they should not—exhaust the field. An old and often disregarded tradition in administrative law ...


Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor University of Maryland Francis King Carey School of Law

Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor

Journal of Business & Technology Law

No abstract provided.


Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner Pepperdine University

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.


The Mink Case: Restoring The Freedom Of Information Act , Patsy T. Mink Pepperdine University

The Mink Case: Restoring The Freedom Of Information Act , Patsy T. Mink

Pepperdine Law Review

No abstract provided.


Juvenile Justice In Transition , Julian C. Dixon Pepperdine University

Juvenile Justice In Transition , Julian C. Dixon

Pepperdine Law Review

No abstract provided.


The Plaintiff’S Last Chance: Foia’S Waiver Doctrine, Sydney Hutchins Seton Hall Law

The Plaintiff’S Last Chance: Foia’S Waiver Doctrine, Sydney Hutchins

Student Scholarship

No abstract provided.


Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen Maurer School of Law: Indiana University

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

IP Theory

No abstract provided.


Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein Maurer School of Law: Indiana University

Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein

IP Theory

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers Pepperdine University

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy Pepperdine University

Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan Pepperdine University

Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr Pepperdine University

Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey Pepperdine University

Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall University of Georgia School of Law

How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall

Scholarly Works

In one of the most closely watched litigation matters in recent years, the Supreme Court will soon consider Edith Windsor's challenge to the Defense of Marriage Act (DOMA). The Court surprised many observers by granting certiorari, not only on the merits of Windsor's equal protection and due process claims, but also on the question whether the defendants — the United States and the Bipartisan Legal Advisory Group of the House of Representatives (the BLAG) — have Article III standing to defend DOMA. The United States has agreed with plaintiffs that DOMA is unconstitutional, prompting the BLAG to intervene for the ...


Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan Pepperdine University

Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adjudicative Procedure And The Model State Administrative Procedure Act (1981), Committee on Procedural Standards of the National Association of Administrative Law Judges Pepperdine University

Adjudicative Procedure And The Model State Administrative Procedure Act (1981), Committee On Procedural Standards Of The National Association Of Administrative Law Judges

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?, Jylana D. Collins Pepperdine University

The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?, Jylana D. Collins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady Pepperdine University

Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady

Journal of the National Association of Administrative Law Judiciary

No abstract provided.