Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative Law; Chevron Deference; West Virginia v. Environmental Protection Agency; Administrative State; Climate Change; Climate Policy; Environmental Protection Agency; Clean Air Act; Congressional Intent; Congressional Authority; Major Questions Doctrine; Chevron USA (1)
- Department of Corrections and Community Supervision; prison package ban; incarcerated; incarceration; prison rules; administrative directive; prison policy; policymaking; public accountability; constitutional rights; coalition; organizing; movement law; prison strikes; jailhouse lawyering; community organizing; abolition; prison abolition; reform (1)
- Department of Education (1)
- Employee; employer; employment law; independent contractor; Fair Labor Standards Act; FLSA; economic realities; circular definition (1)
- Enough is Enough (1)
-
- Executive Order 12898; National Environmental Policy Act; NEPA; disparate impact; Environmental Impact Statement; EIS; federal projects; federal action; environmental justice; hard look test; hard look doctrine; law (1)
- Federal Trade Commission; FTC; Teami; CSGOLotto; social media; influencer; disclosure; fraud; deception; deceptive practices; Facebook; Instagram; Twitter; YouTube; Endorsement Guides; Section 5(a); Telomerase; reasonable consumer; Machinima; Creaxion; consumer protection; consumer law; Lunada; Lord & Taylor (1)
- Housing Law; Housing Rights; Tenants Rights; Affordable Housing; NYCHA; New York City Housing Authority; Wealth and Society; Welfare Law; Real Estate Law; Development; Public Private Partnerhsips; State and Local Law; Law and Politics; Law and Society (1)
- Immigration; Immigration Detention; Transfer; Custody; Immigration and Customs Enforcement; Agency; Noncitizen; Deportation; Freedom of Information Act; Archipelago; Asylum; Notice to Appear; Executive Office for Immigration Review; Board of Immigration Appeals; Department of Homeland Security; Immigration and Naturalization Service; Immigration and Nationality Act; Intergovernmental Service Agreement; Bond; Parole; Representation; Community; Rumsfeld v. Padilla; Legal Cynicism; Inter-American Commission on Human Rights; Jurisdiction; Hunger Strike; Performance-Based National Detention Standards (1)
- Inc. v. Natural Resources Defense Council; Regulation; Rulemaking; ACE Rule; Biden v. Nebraska; Congressional Nullification (1)
- Multi-level marketing; consumer protection; pyramid scheme; FTC; LuLa Roe; Herbalife; Spreme Court; AMG Capital Management LLC v. FTC; Section 5; Section 19; Law; Policy; Enforcement; Lobbying; Administrative Law; Society (1)
- New York (1)
- OCR (1)
- Office of Civil Rights (1)
- Patent Law; Legislation; Administrative Law; Regulatory Law; Artificial Intelligence; Inventions; Inventors; Legal Personhood; DABUS; Robots; Innovation; Technology; Law; Society; Intellectual Property (1)
- Policy (1)
- Sexual assault (1)
- Sexual harassment (1)
- Sexual violence (1)
- Social Security; Social Security Administration; Administrative Law; Administrative Deference; Administrative Agencies; Deference; Separation of Powers; Chevron; Chevron Deference; Judicial Deference (1)
- Title IX (1)
- VA; Veteran's Affairs; veteran; caregiver; The Program of Comprehensive Assistance for Family Caregivers; PCAFC; due process; Fourteenth Amendment; disability; service-connected; Caregiver Support Coordinator; CSC; Wilkie; CHAMPVA; care team; law; policy (1)
- Video game; gambling; loot box; lootbox; gambling mechanics; loot box mechanics; Hawley; Entertainment Software Rating Board; ESRB; Gambling Commission; Gaming Commission; regulation; FIFA; UKIE; ESA; Protecting Children from Abusive Games Act; PCAGA; pay-to-win; skins; Fortnite; CS:GO; Federal Trade Commission; FTC; in-game currency; self-regulation; law; policy (1)
Articles 1 - 15 of 15
Full-Text Articles in Law
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, Davis P. Rosser
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, Davis P. Rosser
Journal of Law and Policy
In recent decades, climate change events have surged in both frequency and intensity. Paradoxically, the most vulnerable and economically disadvantaged states, despite contributing the least to global emissions, face the gravest consequences. Developed nations, despite their wealth of resources, have consistently failed to act in the face of this crisis. For example, the recent United States Supreme Court Decision, West Virginia v. Environmental Protection Agency, limited the administrative state’s rulemaking authority and thus, its ability to enact necessary climate policy. This decision, based in the infamous “major questions doctrine,” asserts that administrative agencies must have explicit authority from Congress when …
Studying The Whole Package: The Implications Of Movement Law For Correctional Policymaking, Steph Pettit
Studying The Whole Package: The Implications Of Movement Law For Correctional Policymaking, Steph Pettit
Journal of Law and Policy
The New York State Department of Corrections and Community Supervision 2022 prison package ban placed strict limits on the quantity and quality of care packages that people incarcerated in the state’s prisons can receive. The ban is reflective of the myriad ways in which the movements, associations, and activities of incarcerated individuals are tightly controlled by prison rules and administrative directives. Despite the severe impacts that prison policies have on incarcerated people and their loved ones, neither administrative procedure nor the courts provide significant opportunities for incarcerated people to effectively contest prison policy. State administrative directives are immune to public …
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla
Journal of Law and Policy
This article examines transfers as an understudied but critical dimension of the immigration detention system. Transfers regularly take detainees in immigration custody from public to private facilities, across state lines, and beyond the jurisdiction of individual courts. Immigration and Customs Enforcement (“ICE”) has virtually unlimited authority to use transfers strategically to further agency goals of immigration enforcement. For individual detainees, transfers shape outcomes in their immigration cases. Noncitizens are regularly funneled into detention centers in legal jurisdictions generally hostile to claims for relief. Transfers also regularly send detainees to facilities in isolated, rural communities, where they are more likely to …
Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian
Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian
Journal of Law and Policy
The purpose of this article is to examine the role of administrative deference when decisions of the Social Security Administration are reviewed by federal courts. The concept of administrative deference to administrative agencies in federal courts goes back to the 1930’s during the rise of the New Deal—with the high-water mark reached by the Supreme Court in Chevron v. National Resources Defense Council. Since this point, there has been a growing chorus calling to re-examine or outright roll back the deference owed to these agencies when their decisions are reviewed in federal court. Prior to rewriting the standards, this article …
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez
No Pact With The Devil: Defending & Strengthening New York City’S Permanent Affordability Commitment Together (Pact) - P3, Madeline Martinez
Journal of Law and Policy
Faced with the dual threats of a federal receivership and a growing deficit of federal appropriations, in 2018, New York City Mayor Bill DeBlasio enrolled the New York City Housing Authority (“NYCHA”) into the Permanent Affordability Commitment Together (“PACT”). PACT would allow NYCHA to convert its federal Section 9 funding streams into federal Section 8 vouchers and permit the local public housing authority to enter public-private partnerships with private developers. This move would infuse NYCHA with an additional $12.8 billion in funding to counteract its roughly $31.8 billion deficit. However, immediately after the mayor unveiled his plans to pursue PACT, …
Big Dreams And Pyramid Schemes: The Ftc’S Path To Improving Multi-Level Marketing Consumer Protections In Light Of Amg Capital Management And The 2016 Herbalife Settlement, Camille H. Mangiaratti
Big Dreams And Pyramid Schemes: The Ftc’S Path To Improving Multi-Level Marketing Consumer Protections In Light Of Amg Capital Management And The 2016 Herbalife Settlement, Camille H. Mangiaratti
Journal of Law and Policy
Multi-level marketing, also known as “MLM,” is a type of sales business that relies on both sales to consumers and recruitment of sellers into the company’s tiered commission structure. MLMs are wildly and enduringly popular, especially because they claim to be a flexible and easy source of income for people who need it most. However, almost everyone who joins an MLM will lose money, and many MLMs are illegal pyramid schemes. Millions of Americans are harmed by MLMs every year. Despite this, the government does very little to punish MLMs who lie to prospective participants about their odds of success. …
How Artificial Intelligence Machines Can Legally Become Inventors: An Examination Of And Solution To The Decision On Dabus, Justyn Millamena
How Artificial Intelligence Machines Can Legally Become Inventors: An Examination Of And Solution To The Decision On Dabus, Justyn Millamena
Journal of Law and Policy
With proliferation of Artificial Intelligence research and development, it is foreseeable that these machines will invent many new patentable technologies. However, the United States Patent and Trademark Office recently deemed a patent application incomplete for listing an AI machine as the inventor. If the USPTO’s decision is not corrected, the patent system will be in danger because many fraudulent patent applications that list incorrect inventors will be filed. This would drastically change existing and settled inventorship jurisprudence and might endanger the patent protection over such patents. This Note argues that the USPTO’s reasons for not allowing the Artificial Intelligence machine …
Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
Throw The Book At Them: Why The Ftc Needs To Get Tough With Influencers, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
Journal of Law and Policy
The Federal Trade Commission is an administrative agency that has traditionally been aggressive when deploying its delegated authority. At the core of these actions is the FTC’s interpretive definition of deception as based upon a reasonable consumer standard. Specifically, the commission has regularly used Section 5(a) of the FTC Act, in tandem with its interpretive definition of deception, as a sword in a variety of contexts, including enforcement actions for deceptive advertising, endorsements, and claim substantiation against a range of industries. These include successfully brought actions or consent decrees obtained in enforcement proceedings against powerful economic entities, including Google and …
The Hunt For Loot: Proposed Solutions To More Effectively Regulate Addictive Gambling Mechanics In Video Games, Andrew Brewer
The Hunt For Loot: Proposed Solutions To More Effectively Regulate Addictive Gambling Mechanics In Video Games, Andrew Brewer
Journal of Law and Policy
Over the past decade, more and more video game developers have embraced “loot boxes” as a lucrative source of revenue. But recent concerns over the potential harms of loot boxes, particularly to children, have raised questions about their use and prompted attempts to regulate them throughout the world. This Note explores recent attempts—both foreign and domestic—to regulate loot boxes and proposes new solutions based on those strategies’ shortcomings. By carefully and competently defining terms and exceptions, and providing for more aggressive oversight of agency regulatory efforts, federally-crafted loot box legislation can more effectively protect children from predatory gambling mechanics in …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola
The Hard Look Doctrine: How Disparate Impact Theory Can Inform Agencies On Proper Implementation Of Nepa Regulations, Monica Mercola
Journal of Law and Policy
Executive Order 12898—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations—was issued to achieve “environmental protection for all communities” by drawing federal agencies’ attention to the environmental and human health effects brought about by their actions. The National Environmental Policy Act (NEPA) sets forth a detailed process which aims to ensure that each agency will have available, and will consider, a carefully detailed compilation of information concerning significant environmental impacts resulting from federal actions before taking those actions. Realizing the Executive Order’s goal, however, is rendered problematic, in part because of the difficulty in challenging an Environmental …
The Time Has Come For Congress To Finish Its Work On Harmonizing The Definition Of "Employee", Russel A. Hollrah, Patrick A. Hollrah
The Time Has Come For Congress To Finish Its Work On Harmonizing The Definition Of "Employee", Russel A. Hollrah, Patrick A. Hollrah
Journal of Law and Policy
The meaning of the term “employee” is critically important for the purposes of laws governing work relationships. This is because these laws, for the most part, cover only employees, and do not cover self-employed individuals, commonly referred to as independent contractors or independent entrepreneurs. Currently more than ten different tests are used to determine whether an individual qualifies as an “employee” for purposes of federal and state statutes. This multiplicity of tests has frequently left independent entrepreneurs and their clients uncertain whether their contractual relationships will be respected for purposes of applicable statutes. This exposes companies doing business with independent …
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Journal of Law and Policy
Uber and Airbnb are two companies in the emerging “sharing economy” that provide individuals with a means to become entrepreneurs and benefit from a laissez-faire business model. The problem, however, is that while the benefits to users are great, so too are the risks. The dangers of operating without restraint and circumventing existing law are not only potentially harmful to unapprised users, but also adversely affect the continued use of these businesses. Every aggrieved user complaint has the potential for a lawsuit and every violation creates an opportunity for penalties. Left over are attempts by the courts and city government …
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …
Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection To Complainants Or Defendants, Nicolo Taormina
Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection To Complainants Or Defendants, Nicolo Taormina
Journal of Law and Policy
Title IX requires colleges to investigate and adjudicate allegations of sexual assault between students. New York State has recently passed a new law called “Enough is Enough,” which strengthens Title IX’s requirements. However, neither Title IX nor “Enough is Enough” provides strict guidelines for the procedures colleges must use when adjudicating complaints. This means that colleges across New York employ different procedures and offer different sets of rights to their students. After examining federal and state law, some examples of college procedures and the effects they have on students, this Note concludes that “Enough is Enough” must be amended to …