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The Legislative History Of The Administrative Procedure Act, Roni A. Elias

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During the twentieth century, one of the most important developments in American government and politics was the expanding power of administrative agencies of all kinds. The enactment of the Administrative Procedure Act (“APA”) of 1946 was the crucial event in the course of this expansion. The APA was the culmination of long-term efforts to regulate the decision-making of administrative agencies, and it reflected a significant political compromise. This paper traces the outlines of that reflection. In Part I, it reviews the political background leading up to the proposal of the legislation in the 79th Congress that became the APA. In …

Big Storms, Big Debt, And Biggert-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vazquez

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The National Flood Insurance Program (NFIP) began with good intentions. It was first enacted for the purpose of making flood insurance reasonably affordable while protecting against losses after disasters. However,

Congress failed to accurately update the program in the face of climate change and new coastal development. Because of this oversight, the overall risk associated with the program outgrew the collection of premiums, which led to an enormous debt to be incurred by the federal government. Once changes did finally come, they led to massive increases in insurance rates and a massive public outrage. Residents of states like Florida faced …

The Plaintiff’S Last Chance: Foia’S Waiver Doctrine, Sydney Hutchins

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No abstract provided.

Houston, We've Got A [Provisional] Problem: An Analysis Of 35 U.S.C. § 154(D), Brian L. Tremer

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This article considers the inherent problems in granting provisional patent rights and the resulting tension between patent applicants and the public domain. Patent law is designed to encourage innovation and incentivize creation. To this end, there must be a balance struck between the private rights granted to a creator and the rights removed from the public. Patents, once issued, allow individuals to seize a limited monopoly over their intellectual property as a constitutional right. These exclusive rights provide incentive to disclose new works to society and thus justify weakening the public’s rights. 35 U.S.C. § 154(d) grants to a patent …