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Full-Text Articles in Law

The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards Mar 2021

The 21st Century Cures Act: A Patient's Miracle Or Demise?, Brittaney N. Edwards

Journal of the National Association of Administrative Law Judiciary

The 21st Century Cures Act is designed to expedite the FDA’s approval of pharmaceutical and medical device applications in order to increase patient access to innovative therapies. However, many experts claim that the Act’s Title III provisions promote evidentiary “‘shortcuts’” that eviscerate the safety and efficacy standards of the FDA approval process. For new drugs, Title III permits surrogate endpoints and real-world evidence in lieu of more rigorous scientific data. For new medical devices, Title III requires the FDA to exempt certain Class I and II devices from any kind of safety or efficacy evaluation. Moreover, Title III forces the …


Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs Nov 2019

Beauty Shouldn’T Cause Pain: A Makeover Proposal For The Fda’S Cosmetics Regulation, Lauren Jacobs

Journal of the National Association of Administrative Law Judiciary

The American cosmetics industry is not required by the Food and Drug Administration (FDA) to conduct pre-market safety assessments of cosmetics. The FDA only reviews personal care products when people voluntarily report problems. Further, companies continue to test animals for cosmetics, despite the FDA’s recommendation that manufacturers seek more humane and accurate testing. Although the FDA does not require animal testing for product safety or premarket approval, the United States is one of the largest users of laboratory animals for product testing. There are two pending pieces of legislation, which if passed would be the first acts of cosmetic regulation …


The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian Apr 2017

The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian

Journal of the National Association of Administrative Law Judiciary

While reading this article, two questions should be kept in mind: (1) why the Court held that the TSA promulgated whistleblowing regulation was not considered to have the force and effect of law, and how that effects other regulations, and (2) how should the Supreme Court respond if a conflict of congressional intent and statutory interpretation arises within another regulatory or administrative agency's internal scheme for regulating such issues? With a careful analysis of statutory interpretation and determining congressional intent, and some luck, this article will try to answer these questions. Ultimately, what we will find is that although Congress …


Navigating A Post America Invents Act World: How The Leahy-Smith America Invents Act Supports Small Businesses, Melissa Cerro Jun 2014

Navigating A Post America Invents Act World: How The Leahy-Smith America Invents Act Supports Small Businesses, Melissa Cerro

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers Apr 2013

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy Apr 2013

Practical Tips For Employers For Compliance With The Ada , Patrick L. Clancy

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan Apr 2013

Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey Apr 2013

Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr Apr 2013

Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan Apr 2013

Report To The Judicial Council On The Administrative Law Judge Statute, James F. Flanagan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Adjudicative Procedure And The Model State Administrative Procedure Act (1981), Committee On Procedural Standards Of The National Association Of Administrative Law Judges Apr 2013

Adjudicative Procedure And The Model State Administrative Procedure Act (1981), Committee On Procedural Standards Of The National Association Of Administrative Law Judges

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?, Jylana D. Collins Apr 2013

The Evolution Of Rulemaking And Review Under The Msapa: Is There A Trend Toward Negotiated Rulemaking?, Jylana D. Collins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady Apr 2013

Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein Apr 2013

Child Abuse Reporting In New York State: The Dilemma Of The Mental Health Professional, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin Apr 2013

Geier V. American Honda Motor Company, Inc. Has The Supreme Court Extended The Pre-Emption Doctrine Too Far?, Joseph Mulherin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola Apr 2013

Christensen V. Harris County: Pumping Chevron For All It's Worth - Defining The Limits Of Chevron Deference, Naaman Asir Fiola

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth Adelman Apr 2013

Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth Adelman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Peer Review Process In Administrative Adjudication, Robert Robinson Gales Apr 2013

The Peer Review Process In Administrative Adjudication, Robert Robinson Gales

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes Apr 2013

Election Of Remedies In Kentucky Employment Discrimination Cases - Dead Or Alive?, Rainbow Forbes

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Florida's Aljs: Maintaining A Different Balance , F. Scott Boyd Apr 2013

Florida's Aljs: Maintaining A Different Balance , F. Scott Boyd

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003, Arthur J. England Jr Apr 2013

The Formulation Of Florida's Administrative Procedure Act: An Address To The Naalj Annual Conference In Orlando, Florida On October 14, 2003, Arthur J. England Jr

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan Apr 2013

Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Maine's Battle In America's Other Drug War: Pharmaceutical Research And Manufacturers Of America V. Walsh, Lynsey Mitchel Apr 2013

Maine's Battle In America's Other Drug War: Pharmaceutical Research And Manufacturers Of America V. Walsh, Lynsey Mitchel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Oregon's Office Of Administrative Hearings: A Postscript, Thomas E. Ewing Apr 2013

Oregon's Office Of Administrative Hearings: A Postscript, Thomas E. Ewing

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agency Exercise Of Legislative Power And Alj Veto Authority, Daniel Manry Apr 2013

Agency Exercise Of Legislative Power And Alj Veto Authority, Daniel Manry

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin Apr 2013

Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson Apr 2013

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird Apr 2013

A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo Apr 2013

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Alternatives To Judicial Branch Congestion, John G. Farrell Apr 2013

Administrative Alternatives To Judicial Branch Congestion, John G. Farrell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.