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Articles 1 - 5 of 5
Full-Text Articles in Law
Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik
Unmanned But Accelerating: Navigating The Regulatory And Privacy Challenges Of Introducing Unmanned Aircraft Into The National Airspace System, Benjamin Kapnik
Journal of Air Law and Commerce
No abstract provided.
An Evolutionary Theory Of Administrative Law, Karrigan S. Bork
An Evolutionary Theory Of Administrative Law, Karrigan S. Bork
SMU Law Review
Law evolves to accommodate change—this is axiomatic in most academic legal traditions. But in the era of the administrative state, with congressional gridlock and a judiciary hesitant to address policy questions, evolution of statutory law has become much more difficult. This leads to pent up demand for change in legal regimes. If the legislature and the courts cannot provide an outlet for this pressure, where does it go? How does the law continue to change? Although other scholars have looked to agencies as engines of legal change, we lack a theoretical framework to understand how that change happens. I argue …
Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire
Dot Final Rule On Air Charter Brokers: Paving The Way For The “Uberization” Of Private Air Travel, Jet Mcguire
Journal of Air Law and Commerce
No abstract provided.
Information Mischief Under The Trump Administration, Nathan Cortez
Information Mischief Under The Trump Administration, Nathan Cortez
Faculty Journal Articles and Book Chapters
The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.
Digital Health And Regulatory Experimentation At The Fda, Nathan Cortez
Digital Health And Regulatory Experimentation At The Fda, Nathan Cortez
Faculty Journal Articles and Book Chapters
For well over a decade the U.S. Food and Drug Administration (FDA) has been told that its framework for regulating traditional medical devices is not modern or flexible enough to address increasingly novel digital health technologies. Very recently, however, the FDA introduced a series of digital health initiatives that represent important experiments in medical product regulation, departing from longstanding precedents applied to therapeutic products like drugs and devices. The FDA will experiment with shifting its scrutiny from the pre-market to the post-market phase, shifting the locus of regulation from products to firms, and shifting from centralized government review to decentralized …