Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Mercer Law Review
Agency decision makers continue to shape just about every facet of l.fe as we know it. This Article discusses the peculiar procedures for obtaining final agency decisions and the review of those decisions. The survey period for this Article is from June 1, 2004 through May 31, 2005. Only cases from the Georgia Supreme Court and Georgia Court of Appeals have been reviewed, and there has been no attempt to usurp the prerogative of other authors for this issue. Thus, although the subject matters may overlap, such areas as local government law, workers' compensation law, insurance law, and others are …
The Impact And Limits Of The Constitutional Deregulation Of Health Claims On Foods And Supplements: From Dementia To Nuts To Chocolate To Saw Palmetto, Margaret Gilhooley
The Impact And Limits Of The Constitutional Deregulation Of Health Claims On Foods And Supplements: From Dementia To Nuts To Chocolate To Saw Palmetto, Margaret Gilhooley
Mercer Law Review
The Food and Drug Administration ("FDA") recently issued an enforcement policy identifying the types of health claims in the disclaimers that are constitutionally permitted on foods and dietary supplements. In 1990 Congress required that before a company could make a health claim on a food product, the FDA must approve the claim as based on significant scientific agreement. While the 1990 law gave the FDA discretion to establish a lesser standard for nutritional supplements than for food products, the FDA chose to apply the same standard. Thus, claims on nutritional supplements had to be supported by significant scientific agreement. Supplement …
Ruminations On Dissemination: Limits On Administrative And Judicial Review Under The Information Quality Act, Stephen M. Johnson
Ruminations On Dissemination: Limits On Administrative And Judicial Review Under The Information Quality Act, Stephen M. Johnson
Articles
Supporters call it "one of the most significant developments in the federal rulemaking system since passage of the Administrative Procedure Act." Opponents suggest that it "may well prove the most destructive half-page of law that most people do not know is on the books." It is the Information Quality Act, enacted in 2000 as a two paragraph rider to appropriations legislation for the 2001 fiscal year. While it was supposed to improve the quality of information that the government relies upon in decision making, critics assert that the Act contributes to the ossification of rulemaking, encourages agencies to make decisions …