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- 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)
- Drug importation; drug prices; online pharmacies; international regulatory harmonization; FDA; EMA (1)
- Inc. v. Natural Resources Defense Council; Regulation; Rulemaking; ACE Rule; Biden v. Nebraska; Congressional Nullification (1)
- Labor Law; Polarization; Political Polarization; Wagner Act; NLRA; National Labor Relations Act; NLRB; National Labor Relations Board; Industrial Democracy Narrative; Unions; Labor Unions; Political Science; Fair Representation (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada
How (Not) To Deal With The Bubble Effect In Cyberspace: The Case Of The Eu And Digital Services Act, João Tornada
Brooklyn Journal of International Law
Deliberative democracies are based on an ideal process of speech and dialogue that fosters an “uninhibited, robust, and wide-open” public discourse sphere. In cyberspace, social networks and search engine platforms largely operate with recommender systems that tailor content according to the users' interests and online behavior (“profiling”), thus segregating them from different points of view (“bubble effect”). While this personalization of content is particularly efficient to promote commercial goods and services, when it comes to information of common interest, especially on political matters, it undermines consensus-building dialogue and threatens democratic ideals. The theory of a free “marketplace of ideas” justifies …
Enough Excuses On Drug Importation: A New Transnational Paradigm For Fda Regulation And Lower Us Drug Prices, Gabriel Levitt
Enough Excuses On Drug Importation: A New Transnational Paradigm For Fda Regulation And Lower Us Drug Prices, Gabriel Levitt
Brooklyn Journal of International Law
The US Food and Drug Administration (FDA), which enforces drug safety laws, asserts that under most circumstances the importation of prescription drugs is illegal. Yet because of high drug prices in the United States, over the past couple of decades, tens of millions of Americans have imported prescription drugs for personal use. For many, this was their only way to afford them. A unique array of federal laws, regulations, and policies, including the de facto decriminalization of the practice of personal drug importation, have in effect permitted personal drug importation. The same exceptions, however, are not available for commercial drug …
Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Leonard Bierman, Rafael Gely
Political Polarization In America: Its Impact On Industrial Democracy And Labor Law, Leonard Bierman, Rafael Gely
Brooklyn Law Review
By virtually all accounts, American society has become increasingly polarized during the past couple of decades. Indeed, the degree of political polarization on issues such as voting rights, gun control, abortion rights, and COVID vaccines has been so extreme that political scientists have worried about whether the conditions necessary for the United States to maintain a democratic society have broken down. This article examines this issue in the context of federal labor law and labor relations. It argues that American labor law is framed around an "industrial democracy narrative" that is today being sharply threatened by extant political polarization. It …
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 …