Law Commons^™

Infrostructure(S): Administering Information, Kali Murray

Buffalo Law Review

This Article, Infrostructure(s): Administering Information, considers how authoritative entities generate, manage, and produce informational structures, facilities, and architectures that support market creation and creative economy decision-making between private parties and entities. The term infrostructure, as opposed to other terms, such as infostructure and infosphere, suggests that infrostructures play vital roles in modern democratic life including producing new information resources, facilitating private transactions between private parties, and building the administrative state.

This Article is divided into two parts. Part I discusses how information regulation is mediated through information forms and information systems with a focus on the materialities of information forms …

An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii

Buffalo Law Review

There is an ongoing crisis of confidence in American government. Accusations of incompetence and political self-dealing dominate news cycles as public institutions seek to combat—with varying degrees of success—the public health and economic consequences of a global pandemic. Highlighted in this struggle is the larger issue of the importance of integrity to the efficacy and legitimacy of administrative government. This is especially true for agency adjudication, as it is the form of agency action that most directly impacts individuals. Recusal—the process by which an adjudicator is removed, voluntarily or involuntarily, from a specific proceeding—is a time-honored way of protecting the …

Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid

Buffalo Environmental Law Journal

No abstract provided.

Public Comments Run Amok: Reforming The Notice And Comment Processto Help Reduce The Negative Effects Of Mass And Fake Comments, Gwendolyn Mckee Savitz

Buffalo Law Review

The Administrative Procedure Act requires agencies to give the public an opportunity to submit comments in response to proposed regulations. When the proposed regulations address particularly hot-button issues, agencies can be flooded with millions of comments fromthe public in response. This most memorably occurred twice when JohnOliver exhorted viewers of his show to write in to protect net neutrality.The vast majority of the millions of comments submitted in both processes were duplicative, providing no benefit for the agency; sent inunder the name of a person who did not submit them; or both. If the vastmajority of the comments coming in …

Whither The Neutral Agency? Rethinking Bias In Regulatory Administration, Daniel B. Rodriguez

Buffalo Law Review

No abstract provided.

An Approach To Improving Judicial Review Of The Apa’S “Good Cause” Exception To Notice-And-Comment Rulemaking, Kevin Hartnett Jr.

Buffalo Law Review

No abstract provided.

Does The Ftc Have Blood On Its Hands? An Analysis Of Ftc Overreach And Abuse Of Power After Liu, Angel Reyes, Benjamin Hunter

Buffalo Law Review

Recent cases have called the Federal Trade Commission’s (“FTC”) enforcement methods into question. After a circuit split developed in the wake of the Seventh Circuit’s decision in Federal Trade Commission v. Credit Bureau Center, L.L.C., the Supreme Court responded by granting certiorari and consolidating the case with AMG Capital Management, L.L.C. v. Federal Trade Commission. The issue in these cases is whether Section 13(b) of the FTC Act authorizes the FTC to bypass the due process safeguards mandated by Congress in Sections 5 and 19 of the FTC Act and, in doing so, to conduct warrantless searches and seizures, unilaterally …

Somebody Call My Doctor: Repeal Of The Treating Physician Rule In Social Security Disability Adjudication, Charles Terranova

Buffalo Law Review

No abstract provided.

Nondelegation And The Major Questions Doctrine: Displacing Interpretive Power, Marla D. Tortorice

Buffalo Law Review

No abstract provided.

Defenders Of Wildlife V. Jewell: Environmentalists Win The Latest Battle In The Fight Over Gray Wolves, But Who Will Win The War?, Rachel Kenigsberg

Buffalo Environmental Law Journal

No abstract provided.

Spotlight On Objective Evidence Of Nonobviousnes In Aia Post-Grant Proceedings, Shing-Yi (Cindy) Cheng, Li Feng, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

Navigating The Limitations On Discovery In Aia Post-Grant Proceedings, Mary R. Henninger, Jill K. Macalpine, Amelia Feulner Baur, Anthony A. Hartmann, Lara C. Kelley, Rebecca M. Mcneill, P. Andrew Riley, Michael A. Stramiello

Buffalo Intellectual Property Law Journal

No abstract provided.

Spotlight On Claim Construction Before Ptab, James Stein, Jennifer Gupta, Hojung Cho, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

Stay Awhile: The Evolving Law Of District Court Stays In Light Of Inter Partes Review, Post-Grant Review, And Covered Business Method Post-Grant Review, Jonathan Stroud, Linda Thayer, Jeffrey C. Totten

Buffalo Intellectual Property Law Journal

No abstract provided.

Amending Rather Than Cancelling Claims In Inter Partes Reviews, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

The Last Days Of Social Security Disability: How The Social Security Administration's Policies On The Submission Of Adverse Evidence And Non-Attorney Representation Have Contributed To Its Institutional Failure, Thomas Katsiotas

Buffalo Law Review

No abstract provided.

It's Not Just The Effort That Counts: Conservation Endangerment For At-Risk Species, Robert T. Caccese

Buffalo Environmental Law Journal

The listing determination factors nestled within Section 4 of the Endangered Species Act can be best described as the controversial heart and soul of the statute. Federal courts, charged with reviewing listing determinations, need specific criteria to provide better consistency and clarityfor the arbitrary and capricious judicial review standard In its current state, the standard has not been stated with any particularity, leaving adequacy to be based upon case-specific analysis by various federal judges regarding listing decisions of the U.S. Fish and Wildlife Service. Most crucial are contexts pertaining to conservation effort reliance. Federal agencies' increased reliance on agreements and …

The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims, Amrita Maharaj

Buffalo Law Review

No abstract provided.

Regulation Of Greenhouse Gases And Other Air Pollutants In The First Obama Administration And Major Air Issues For The Second Term, Patricia Ross Mccubbin

Buffalo Environmental Law Journal

No abstract provided.

Turning Lemons Into Lemonade: Utilizing The Naaqs Provisions Of The Clean Air Act To Comprehensively Address Climate Change, Ari R. Lieberman

Buffalo Environmental Law Journal

No abstract provided.

Multiple Facets Of Damage Caused By Exposure To Low-Dose Radiation And The Legal Remedy, Yi-Chen Su, Peter W.S. Chang

Buffalo Environmental Law Journal

In addition to the toll in human life, there are at least three facets of damage caused by the protracted exposure to low-dose radiation: bodily injury, mental anguish, and property injury. After examining cases and compensation schemes in the United States and Taiwan, this article concludes that both the Taiwanese administrative compensation scheme and U.S. federal courts' interpretation of the Price-Anderson Act favor finding injury to the claimants' property, but not adverse effects to their health. To redress the injustice caused by the systemic bias, this article argues that the tort system should be adapted to tolerate gray area, such …

The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Winters

Buffalo Environmental Law Journal

Eleven plaintiffs brought a common law action, seeking injunctive relief against the six largest American producers of greenhouse gases. Because the EPA had not yet promulgated regulations governing the production of greenhouse gases, the Second Circuit Court of Appeals held that federal law had not displaced plaintiffs ' common law claim. The Supreme Court reversed, holding that even though regulations had not been promulgated, EPA occupied the field nevertheless. The decision marks an extension of the regulatory displacement of federal common law to regulations that are merely anticipated Such extension, or "anticipatory delegation, " represents an unacceptably large incursion into …

Regulations Of Hydraulic Fracturing Under The Safe Drinking Water Act, Keith B. Hall

Buffalo Environmental Law Journal

For more than 20 years after the 1974 enactment of the Safe Drinking Water Act ("SD WA ), the US. Environmental Protection Agency interpreted the SDWA as not applying to hydraulic fracturing. The United States Eleventh Circuit ruled in 1997 that the SDWTA applied to fracturing, but the EPA chose not to consent to that interpretation outside the Eleventh Circuit. Further the EPA continued to take the position that its existing SDWTA regulations did not apply to hydraulic fracturing, and it never promulgated new regulations to cover fracturing. In 2005, the Congress passed legislation that generally is read as applying …

The Social Construction Of Regulation: Lessons From The War Against Command And Control, Timothy F. Malloy

Buffalo Law Review

No abstract provided.

Raising A Stink: Why Michigan Cafo Regulations Fail To Protect The State's Air And Great Lakes And Are In Need Of Revision, Karly Zande

Buffalo Environmental Law Journal

No abstract provided.

Rescuing Science From Politics: Regulation And The Distortion Of Scientific Research, As Reviewed By, Matthew B. Powers

Buffalo Environmental Law Journal

No abstract provided.

Science, Policy, And Politics: The Impact Of The Information Quality Act On Risk-Based Regulatory Activity At The Epa, Kirk T. O'Reilly

Buffalo Environmental Law Journal

No abstract provided.

The Fcc's Indecent Proposal: Copyright Implications Of The Proposed "Record And Retain" Rule, Christopher S. Reed

Buffalo Intellectual Property Law Journal

No abstract provided.

Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard

Buffalo Environmental Law Journal

No abstract provided.

Regulating Utilities, Joseph Zopolsky

Buffalo Environmental Law Journal

No abstract provided.