Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 159

Full-Text Articles in Law

Infrostructure(S): Administering Information, Kali Murray Oct 2023

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 Dec 2021

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 …


Public Comments Run Amok: Reforming The Notice And Comment Processto Help Reduce The Negative Effects Of Mass And Fake Comments, Gwendolyn Mckee Savitz Jun 2021

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 Apr 2021

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. Dec 2020

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 Dec 2020

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 May 2020

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 Aug 2019

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

Buffalo Law Review

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 May 2015

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.


The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims, Amrita Maharaj Jan 2015

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

Buffalo Law Review

No abstract provided.


The Social Construction Of Regulation: Lessons From The War Against Command And Control, Timothy F. Malloy Apr 2010

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

Buffalo Law Review

No abstract provided.


Setting Standards For High Definition Television: Federal Policy Must Promote More Than Just A Better Picture, George Snyder Jr. Apr 1992

Setting Standards For High Definition Television: Federal Policy Must Promote More Than Just A Better Picture, George Snyder Jr.

Buffalo Law Review

No abstract provided.


Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg Oct 1991

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Buffalo Law Review

No abstract provided.


Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White Jan 1990

Subordination, Rhetorical Survival Skills, And Sunday Shoes: Notes On The Hearing Of Mrs. G., Lucie E. White

Buffalo Law Review

No abstract provided.


Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath Jan 1981

Upjohn: A New Prescription For The Attorney-Client Privilege And Work Product Defenses In Administrative Investigations, Robert G. Nath

Buffalo Law Review

No abstract provided.


Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald Apr 1980

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald

Buffalo Law Review

No abstract provided.


Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor Jan 1980

Meeting The Equal Credit Opportunity Act's Specificity Requirement: Judgmental And Statistical Scoring Systems, Winnie F. Taylor

Buffalo Law Review

No abstract provided.


Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth Oct 1979

Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth

Buffalo Law Review

No abstract provided.


Federal Regulation Of Certain Bulk Hazardous Cargo: Focus On The Great Lakes, Wayne M. Lopkin Oct 1979

Federal Regulation Of Certain Bulk Hazardous Cargo: Focus On The Great Lakes, Wayne M. Lopkin

Buffalo Law Review

No abstract provided.


The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford Oct 1977

The New York State Administrative Procedure Act: Some Reflections Upon Its Structure And Legislative History, Daniel J. Gifford

Buffalo Law Review

No abstract provided.


New York's Workmen's Compensation Law: Problems And Perspectives, Kenneth L. Gartner, Jeffrey A. Human, David W. Reitz, David Saleh, Philip John Szable Oct 1977

New York's Workmen's Compensation Law: Problems And Perspectives, Kenneth L. Gartner, Jeffrey A. Human, David W. Reitz, David Saleh, Philip John Szable

Buffalo Law Review

No abstract provided.


Compulsory Licensing Of A Trademark, Vincent N. Palladino Jul 1977

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.


Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor Jan 1976

Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor

Buffalo Law Review

No abstract provided.


Price Discrimination And Labelling, Daniel J. Gifford Jan 1976

Price Discrimination And Labelling, Daniel J. Gifford

Buffalo Law Review

No abstract provided.


The Economics Of The 1974 Federal Election Campaign Act Amendments, Sam Kazman Jan 1976

The Economics Of The 1974 Federal Election Campaign Act Amendments, Sam Kazman

Buffalo Law Review

No abstract provided.


When Is A Performance Not A Performance?—Twentieth Century Music Corp. V. Aiken And Its Catv Precedents, Charlotte D. Roederer Jan 1976

When Is A Performance Not A Performance?—Twentieth Century Music Corp. V. Aiken And Its Catv Precedents, Charlotte D. Roederer

Buffalo Law Review

No abstract provided.


Reform Of Electricity Pricing In The United States, James L. Blasiak Oct 1975

Reform Of Electricity Pricing In The United States, James L. Blasiak

Buffalo Law Review

No abstract provided.


Ftc V. The Petroleum Industry: The Need For Consistent Regulatory Policy, Marc J. Schiller Apr 1975

Ftc V. The Petroleum Industry: The Need For Consistent Regulatory Policy, Marc J. Schiller

Buffalo Law Review

No abstract provided.


The Menace Of Administrative Law (1920), John Lord O'Brian Aug 1974

The Menace Of Administrative Law (1920), John Lord O'Brian

Buffalo Law Review

Reprinted from the Proceedings of the Twenty-Fifth Annual Meeting of the Maryland State Bar Association, 1920.


Proposed Rule 146—A Temporary Solution, Murray L. Finebaum Oct 1973

Proposed Rule 146—A Temporary Solution, Murray L. Finebaum

Buffalo Law Review

No abstract provided.