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Articles 1621 - 1650 of 14168
Full-Text Articles in Law
Brief Of Professors William Araiza, Jeffrey Lubbers, And Peter M. Shane As Amici Curiae In Support Of Defendantappellant Federal Trade Commission, Jeffrey Lubbers
Brief Of Professors William Araiza, Jeffrey Lubbers, And Peter M. Shane As Amici Curiae In Support Of Defendantappellant Federal Trade Commission, Jeffrey Lubbers
Amicus Briefs & Court Filings
Amici are law professors who teach and write in the fields of administrative law and statutory interpretation. Amicus William Araiza is the Stanley A. August Professor of Law at Brooklyn Law School. Amicus Jeffrey Lubbers is Professor of Practice in Administrative Law at American University, Washington College of Law. Amicus Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University, Moritz College of Law. As leading administrative law scholars, amici have a strong interest in the sound development of administrative law in the federal courts, and are submitting this …
The Federal Judiciary's Double Standard: How The Fsia Deters Plaintiffs In Their Search For Justice, Chance Easterling
The Federal Judiciary's Double Standard: How The Fsia Deters Plaintiffs In Their Search For Justice, Chance Easterling
MC Law Review
No abstract provided.
Accommodating Incompetency In Immigration Court, Elizabeth Jordan
Accommodating Incompetency In Immigration Court, Elizabeth Jordan
Northwestern University Law Review
In criminal law, an individual must be deemed competent to stand trial, yet our immigration courts routinely order the deportation of incompetent noncitizens. A removal proceeding against a noncitizen—where an outcome of deportation often risks life-threatening harm—continues apace even if the noncitizen has been deemed incompetent by the immigration judge. In place of halting proceedings, the immigration judge imposes “safeguards” pursuant to a provision of the immigration code that neither defines nor explains the term. In practice, judges’ application of the term “safeguards” is often absurd. The implications of continuing a proceeding against a noncitizen with a disability affecting competency …
The Sec As An Entrepreneurial Enforcer, James J. Park
The Sec As An Entrepreneurial Enforcer, James J. Park
Northwestern University Law Review
The truth of disclosures by public companies is policed by both private plaintiffs and the Securities and Exchange Commission (SEC). The courts and many commentators have viewed the SEC as a more responsible enforcer than private litigants. Entrepreneurial enforcers with a profit motive have an incentive to advance questionable legal theories to expand the reach of Rule 10b-5, the primary federal prohibition of securities fraud. In contrast, the conventional view is that a public enforcer will bring straightforward cases against public companies. This Article argues that this perception is dated, and that the SEC has become more entrepreneurial in its …
Non–Article Iii Federal Tribunals: An Essay On The Relation Between Theory And Practice, Richard H. Fallon Jr.
Non–Article Iii Federal Tribunals: An Essay On The Relation Between Theory And Practice, Richard H. Fallon Jr.
Notre Dame Law Review
Since the 1980s, the Supreme Court’s decisions involving the permissible uses of non–Article III federal tribunals have repeatedly invoked two competing theories. A “historical-exceptions” or “formalist” model would insist that only Article III judges can exercise federal adjudicative power except in three categories of cases that history marks as exceptional. A rival approach, often labeled “functionalism,” would allow further deviations from the historical norm if they are supported by sound practical justifications and do not threaten the fundamental role of the Article III judiciary within the separation of powers. This Article explores the relationship between theory and practice in explaining …
Constitutional And Administrative Innovation Through State Labor Law, Kate Andrias
Constitutional And Administrative Innovation Through State Labor Law, Kate Andrias
Faculty Scholarship
This Essay explores recent efforts by worker organizations to transform labor policy in states, as well as countermobilizations by business and conservative groups. It focuses on two particularly promising efforts: the development of worker standards boards and pro-labor changes to state constitutional law. It shows why, as a matter of political economy, such reforms have been achievable at the state and local levels, but not the federal level, and explores the potential of state reforms to build greater economic and political power for working people, notwithstanding limits imposed by federal preemption doctrine. Ultimately, this Essay argues that these recent innovations …
The Demise Of Deference — And The Rise Of Delegation To Interpret?, Thomas W. Merrill
The Demise Of Deference — And The Rise Of Delegation To Interpret?, Thomas W. Merrill
Faculty Scholarship
In the concluding days of its recently completed Term, in the midst of headline-grabbing decisions about presidential immunity, gun rights, and abortion, the Supreme Court rendered a momentous decision overruling the Chevron doctrine. The decision in Loper Bright Enterprises v. Raimondo was not a surprise. After treating the Chevron doctrine as a settled principle of administrative law for more than three decades, the Court stopped applying it in 2016. Several Justices authored individual opinions urging that it was unconstitutional, violated the Administrative Procedure Act (APA), was prone to manipulation by judges, created systematic bias in favor of the government, and …
The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso
The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso
Touro Law Review
Cryptocurrency is something that many people have heard of, but few truly understand the totality of it. From its emergence to the present form, cryptocurrency has become an innovative technology which has changed the way in which we use money. As seen time and time again, where there comes new technology comes governmental authorities introducing new laws to regulate these emerging industries. The aim of these laws and regulations is to protect consumers, but it is imperative not to overregulate the industry. The goal of regulation is to allow consumers to enjoy the benefits of the industry; however, one cannot …
Protection In A Virtual Reality: The Dire Need For Trademark And Copyright Law Expansion To Encompass Digital Content Within The Metaverse, Amber N. Roibu
Protection In A Virtual Reality: The Dire Need For Trademark And Copyright Law Expansion To Encompass Digital Content Within The Metaverse, Amber N. Roibu
Touro Law Review
The Metaverse has gained much popularity in recent years, leaving some people with a feeling of uncertainty, but all the while intriguing many others. The multifaceted interactions and activities that take place within the Metaverse have made it a virtual world fertile for not only creative expression but also infringement of existing trademark and copyright protected works. Hand-in-hand with the development of the Metaverse has come the fast-growing interest in buying and selling virtual goods, properties, and non-fungible tokens. To preserve their reputation, avoid costly litigation, and ultimately uphold the exclusive rights allotted to them as intellectual property owners, trademark …
Democracy On The Brink, Down But Not Defeated, Andrew F. Popper
Democracy On The Brink, Down But Not Defeated, Andrew F. Popper
Scholarly Articles in Law Reviews & Journals
This essay assesses the current state of governance and is premised on the notion that distrust, anger, and discontent in our legal system represent a threat to the whole of the regulatory state and voting, the preeminent engines of democracy. The decline in trust in government is attributable in meaningful part to the prevalence of lies and false narratives that, if believed, will undermine government at every level. While various recent actions of Congress and certain Supreme Court cases have the potential to further dilute confidence in governance, they are not the focal point of this essay. It is disinformation …
The Danger Of Silence: The Negative Effect Of Supreme Court Hesitance To Establish A Bright-Line Rule For Determining Patent Subject Matter Eligibility, Amber N. Roibu
Touro Law Review
Ambiguity surrounding the interpretation of 35 U.S.C. § 101 and the ultimate application of the Alice/Mayo standard for determining patent subject matter eligibility has long plagued the courts, practitioners, and USPTO examiners alike. Maintaining a standard that leads to sheer confusion and, as a result, inconsistent rulings severely muddles the ultimate goal of patent law, to promote innovation. The Supreme Court has been presented with ample opportunities to address these issues, with the Solicitor General consistently recommending that it hear cases that deal with patent-eligibility debates. Nonetheless, the Supreme Court's continued hesitancy to grant certiorari on these cases only further …
Why The United States Should Change Its Standards For Food Additives, Sara Smith
Why The United States Should Change Its Standards For Food Additives, Sara Smith
Touro Law Review
Processed food products sold in the United States are vastly different than those in Europe, often containing unnecessary and potentially dangerous additives. Recently, food consumer advocacy groups and reporters are bringing attention to these differences, thereby raising awareness of the poor processed food quality in the United States. The United States should take a new and improved method to food safety that mirrors the European Union’s approach. This Note will compare the differences between food additives in the United States and Europe, and further, will propose solutions to increase regulation on food additives in the United States.
The Major Question: Who Wants A Functioning Government?, Christian Thompson
The Major Question: Who Wants A Functioning Government?, Christian Thompson
University of Cincinnati Law Review
No abstract provided.
Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill
Algorithmic Reason-Giving, Arbitrary And Capricious Review, And The Need For A Clear Normative Baseline, Cameron Averill
University of Cincinnati Law Review
Federal agencies have caught the artificial intelligence (AI) bug. A December 2023 report by the Government Accountability Office found that twenty of twenty-three federal agencies surveyed reported using some form of AI, with about two hundred current use cases for algorithms and about one thousand more in the planning phase. These agencies are using algorithms in all aspects of administration, including rulemaking, adjudication, and enforcement. The risks of AI are well-documented. Previous work has shown that algorithms can be, among other things, biased and prone to error. However, perhaps no problem poses a more serious threat to the use of …
Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court, Nina A. Mendelson
Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court, Nina A. Mendelson
Articles
In the last few years, the Supreme Court has been a source of seismic change. In Dobbs v. Jackson Women’s Health Organization, the Court overruled Roe v. Wade, which had protected the right to abortion for nearly fifty years. In Loper Bright Enterprises v. Raimondo, the Court abandoned so-called Chevron deference to particular categories of administrative agency interpretations, a doctrine viewed as bedrock for over forty years. Humphrey’s Executor v. United States, the 1935 ruling validating independent multi-member commissions such as the Federal Trade Commission, Securities and Exchange Commission, and Federal Communications Commission, may soon join the others on the …
The Bauer Lecture With Judge Asim Rehman, Cardozo Law Review
The Bauer Lecture With Judge Asim Rehman, Cardozo Law Review
2024–2025 Flyers
No abstract provided.
Tax Delegation Post-Loper Bright, Reuven S. Avi-Yonah
Tax Delegation Post-Loper Bright, Reuven S. Avi-Yonah
Law & Economics Working Papers
In its recent decision in Loper Bright, the Supreme Court has fundamentally shifted the contours of judicial deference to administrative interpretations by repealing the Chevron doctrine. However, while the Court has curtailed deference, it simultaneously underscored the legitimacy of statutory delegation to agencies. The Internal Revenue Code (Code) is the most intricate legislative text within the U.S. legal framework, necessitating significant technical expertise for its application. It is, therefore, unsurprising that Congress often delegates authority to the IRS for the execution of the statute. In light of the Court's decision in Loper Bright, it becomes imperative to clarify the parameters …
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
The False Choice Between Digital Regulation And Innovation, Anu Bradford
The False Choice Between Digital Regulation And Innovation, Anu Bradford
Northwestern University Law Review
This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …
Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman
Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman
Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Contractors State License Board, Grant Marcketta, Marcus Friedman
Contractors State License Board, Grant Marcketta, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman
Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Yi Zhou, Marcus Friedman
California Board Of Accountancy, Yi Zhou, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Steven Soldani, Marcus Friedman
Medical Board Of California, Steven Soldani, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman
State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Caroline Bulger, Marcus Friedman
Veterinary Medical Board, Caroline Bulger, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Julia Thompson, Marcus Friedman
Board Of Registered Nursing, Julia Thompson, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.