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Food And Drug Regulation: Statutory And Regulatory Supplement, Adam I. Muchmore Jan 2021

Food And Drug Regulation: Statutory And Regulatory Supplement, Adam I. Muchmore

Books

This Statutory and Regulatory Supplement is intended for use with its companion casebook, Food and Drug Regulation: A Statutory Approach (2021). This is not a traditional statutory supplement. Instead, it contains selected, aggressively edited provisions of the Federal Food, Drug and Cosmetic Act (FFDCA), related statutes, and the Code of Federal Regulations. The Supplement includes all provisions assigned as reading in the casebook, as well as a few additional provisions that some professors may wish to cover. The excerpts are designed to be teachable rather than comprehensive.


Food And Drug Regulation: A Statutory Approach, Adam I. Muchmore Jan 2021

Food And Drug Regulation: A Statutory Approach, Adam I. Muchmore

Books

This is the first chapter of a new casebook on food and drug regulation. This book presents food and drug regulation as a statutory subject. It is organized around the structure of the Federal Food, Drug, and Cosmetic Act, and emphasizes guided reading of statutes, regulations, and federal register documents. Cases are presented primarily when they involve major issues of statutory interpretation, are historically significant, or are in one of the areas where case law plays a major role.

The book is designed to work with a Statutory and Regulatory Supplement provided as a PDF. The statutes and regulations in ...


Proportionality Review In Administrative Law, Jud Mathews Jan 2017

Proportionality Review In Administrative Law, Jud Mathews

Contributions to Books

At the most basic level, the principle of proportionality captures the common-sensical proposition that, when the government acts, the means it chooses should be well-adapted to achieve the ends it is pursuing. The proportionality principle is an admonition, as German administrative law scholar Fritz Fleiner famously wrote many decades ago, that “the police should not shoot at sparrows with cannons”. The use of proportionality review in constitutional and international law has received ample attention from scholars in recent years, but less has been said about proportionality’s role within administrative law. This piece suggest that we can understand the differences ...


Practitioner's Toolkit On Cancellation Of Removal For Lawful Permanent Residents, Penn State Law Immigrants' Rights Clinic, Pennsylvania Immigration Resource Center May 2016

Practitioner's Toolkit On Cancellation Of Removal For Lawful Permanent Residents, Penn State Law Immigrants' Rights Clinic, Pennsylvania Immigration Resource Center

Center for Immigrants' Rights Clinic Publications

Created on behalf of the Pennsylvania Immigration Resource Center (PIRC), the toolkit is a resource for immigration attorneys representing lawful permanent residents who are facing removal from the United States.


Searching For Proportionality In U.S. Administrative Law, Jud Mathews Jan 2015

Searching For Proportionality In U.S. Administrative Law, Jud Mathews

Contributions to Books

There is no such thing as “proportionality review” in American administrative law, but instead, a number of doctrines that courts deploy to evaluate agency exercises of discretion. In some respects, these frameworks for review resemble proportionality in operation, but there are also notable differences. This essay surveys the doctrines governing judicial review of administrative discretion in the United States, highlighting three distinguishing features of the American approach. First, American judicial review is characterized by a high degree of unpredictability, not only with respect to outcomes, but often with respect to what framework of review is applicable. Second, while classical proportionality ...


To File Or Not To File A Notice To Appear: Improving The Government's Use Of Prosecutorial Discretion, Penn State Law Immigrants' Rights Clinic Oct 2013

To File Or Not To File A Notice To Appear: Improving The Government's Use Of Prosecutorial Discretion, Penn State Law Immigrants' Rights Clinic

Center for Immigrants' Rights Clinic Publications

A report by the Penn State Law Immigrants' Rights Clinic that highlights the rate and circumstances surrounding Notice to Appear (NTA) filings at the immigration court.


Immigration Relief For Victims Of Abuse And Domestic Violence, Penn State Law Immigrants' Rights Clinic, Centre County Women's Resource Center Jul 2012

Immigration Relief For Victims Of Abuse And Domestic Violence, Penn State Law Immigrants' Rights Clinic, Centre County Women's Resource Center

Center for Immigrants' Rights Clinic Publications

Advocates and attorneys who work with victims of domestic violence need to understand the dynamics of power and control and how they affect the safety of their clients. This understanding is especially important in working with non-citizen victims who often face additional hurdles compared to American citizens. The Center for Immigrants' Rights has published "Immigration Relief for Victims of Abuse and Domestic Violence," a toolkit to help practitioners in representing immigrant victims of domestic abuse.


Leveling The Playing Field: Reforming The H-2b Program To Protect Guestworkers And U.S. Workers, Penn State Law Immigrants' Rights Clinic, National Guestworker Alliance Jun 2012

Leveling The Playing Field: Reforming The H-2b Program To Protect Guestworkers And U.S. Workers, Penn State Law Immigrants' Rights Clinic, National Guestworker Alliance

Center for Immigrants' Rights Clinic Publications

This report highlights cases of exploitation from Texas to Tennessee, and calls for four indispensible reforms that would end employer abuse and protect both guest workers and U.S. workers: (1) Guaranteeing guest workers the right to organize without fear of retaliation; (2) Prohibiting employers from using guest workers as cheap, exploitable alternatives to U.S. workers; (3) Eliminating debt servitude and other elements of human trafficking in the program; and (4) Subjecting employers to meaningful government enforcement and community oversight.


The Nseers Effect: A Decade Of Racial Profiling, Fear, And Secrecy, Penn State Law Immigrants' Rights Clinic, Rights Working Group Jun 2012

The Nseers Effect: A Decade Of Racial Profiling, Fear, And Secrecy, Penn State Law Immigrants' Rights Clinic, Rights Working Group

Center for Immigrants' Rights Clinic Publications

n the wake of the tragic attacks of September 11, 2011, the landscape of immigration law and policy in the United States changed dramatically as the government scrambled to create counterterrorism programs to respond to potential national security threats. One program is the National Security Entry-Exit Registration System (NSEERS) or "special registration" that was initiated by the Department of Justice in 2002 and inherited by the Department of Homeland Security in 2003. NSEERS served as a tool that allowed the government to systematically target Arabs, Middle Easterners, Muslims, and South Asians from designated countries for advanced scrutiny. ...The purpose of ...


Behind Closed Doors: An Overview Of Dhs Restrictions On Access To Counsel, Penn State Law Immigrants' Rights Clinic, American Immigration Council May 2012

Behind Closed Doors: An Overview Of Dhs Restrictions On Access To Counsel, Penn State Law Immigrants' Rights Clinic, American Immigration Council

Center for Immigrants' Rights Clinic Publications

The Center collaborated with LAC to produce a white paper addressing the law, policy and practice surrounding right to counsel in non-removal contexts before the Department of Homeland Security (DHS). To reach this end, students at the Center reviewed an internal legal memorandum prepared by the American Immigration Lawyers Association and LAC; a detailed memo prepared by the Center analyzing individual attorney experiences with restrictions on access before DHS; and conduct additional research pertaining to access to counsel. The white paper articulates the legal and policy standards governing an individual’s right to counsel in various non-removal settings in order ...


The 9/11 Effect And Its Legacy On U.S. Immigration Laws: Essays, Remarks, And Photographs, Penn State Law Immigrants' Rights Clinic, Penn State School Of International Affairs Sep 2011

The 9/11 Effect And Its Legacy On U.S. Immigration Laws: Essays, Remarks, And Photographs, Penn State Law Immigrants' Rights Clinic, Penn State School Of International Affairs

Center for Immigrants' Rights Clinic Publications

An anthology of 9/11 reflections released today by the Penn State Law Center for Immigrants’ Rights and the Penn State School of International Affairs concentrates on the impact of the attacks on the lives of immigrants and immigration policy, providing both a report card and ideas for the future.


The One-Year Asylum Deadline And The Bia: No Protection, No Process, Penn State Law Immigrants' Rights Cliinic, Human Rights First, National Immigrant Justice Center Oct 2010

The One-Year Asylum Deadline And The Bia: No Protection, No Process, Penn State Law Immigrants' Rights Cliinic, Human Rights First, National Immigrant Justice Center

Center for Immigrants' Rights Clinic Publications

The right to seek asylum from persecution is a fundamental and long-recognized human right. The United States committed to protecting refugees in 1967 when it signed the Protocol relating to the Status of Refugees and later enacted legislation to incorporate the Protocol’s key provisions into domestic law. Despite these commitments, in 1996 Congress enacted a filing deadline for asylum applications which has resulted in potentially denying protections to thousands of legitimate refugees.


Playing Politics At The Bench: A White Paper On The Justice Department's Investigation Into The Hiring Practices Of Immigration Judges, Penn State Law Immigrants' Rights Clinic, National Immigration Project Of The National Lawyers Guild Oct 2009

Playing Politics At The Bench: A White Paper On The Justice Department's Investigation Into The Hiring Practices Of Immigration Judges, Penn State Law Immigrants' Rights Clinic, National Immigration Project Of The National Lawyers Guild

Center for Immigrants' Rights Clinic Publications

On behalf of the National Lawyers Guild National Immigration Project (NLGNIP), the Center for Immigrants' Rights (Center) at the Pennsylvania State University's Dickinson School of Law prepared a white paper facilitated by a government report on the politicized hiring of immigration judges. This white paper is based findings by the Department of Justice‘s Office of Professional Responsibility and Office of the Inspector General in their investigation of the illegal hiring of immigration judges during a period in the George W. Bush Administration. The recommendations presented here are a product of this analysis and extensive research on data produced ...


Wiretapping And Eavesdropping: Surveillance In The Internet Age, 3rd Ed., Anne T. Mckenna, Clifford S. Fishman Jan 2007

Wiretapping And Eavesdropping: Surveillance In The Internet Age, 3rd Ed., Anne T. Mckenna, Clifford S. Fishman

Books

The third edition of the seminal “Fishman & McKenna” Wiretapping treatise analyzes federal and state law and the rapidly evolving civil and criminal legal issues and privacy issues surrounding the Internet, computers, cellular devices, electronic location tracking, drones, and biometrics. Since its publication, this treatise has been cited in multiple published federal and state judicial opinions, including by the United States Court of Appeals for the Seventh Circuit in August 2010 and the United States Court of Appeals for the Fifth Circuit in August 2014. The third edition is a well-known resource for attorneys working in private practice and in the ...


Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman Jan 2004

Jones On Evidence: Civil And Criminal 7th Ed., Anne T. Mckenna, Clifford S. Fishman

Books

In 2004, Anne began co-authoring this seminal evidence treatise, which is in its second century of publication. Jones on Evidence (“Jones”) currently contains 5 hardbound volumes and a softbound appendix of new chapters with two new hardbound volumes forthcoming. All volumes are updated yearly. Jones enables civil and criminal practitioners in private and public practice to learn and understand evidentiary issues and evidentiary rules, including the Federal Rules of Evidence, and to use evidence effectively, whether the issue is admission, exclusion, preservation or relevance. Jones has been cited in numerous federal and state court opinions and law review articles, including ...