Law Commons^™

Oversight And Dispersed Power, Margaret Lemos, Stavros Gadinis, Ronald Krotoszynski, Emily Meazell, Alex Constanza

Stavros Gadinis

Duke Law Journal's 42nd Annual Administrative Law Symposium will focus on several important topics in administrative law today. Selected from over 80 proposals, the seven panelists explore issues pressing upon legislators, agency and Executive Branch officials, and judges, such as the politicization of agencies, the judicial review challenges posed by shared regulatory authority, and the emphasis on reason-giving in rulemaking. The participants will use both historical and empirical analysis to describe the current administrative-law landscape and prescribe alternatives for its future. Appearing: Margaret H. Lemos, moderator ; Stavros Gadinis (Berkeley Law), Ronald J. Krotoszynski, Jr. (University of Alabama), Emily Hammond …

The Power Of Politics, Edward Balleisen, Stavros Gadinis, Jodi Short, Kathryn Watts

Stavros Gadinis

Duke Law Journal's 42nd Annual Administrative Law Symposium will focus on several important topics in administrative law today. Selected from over 80 proposals, the seven panelists explore issues pressing upon legislators, agency and Executive Branch officials, and judges, such as the politicization of agencies, the judicial review challenges posed by shared regulatory authority, and the emphasis on reason-giving in rulemaking. The participants will use both historical and empirical analysis to describe the current administrative-law landscape and prescribe alternatives for its future. Appearing: Edward J. Balleisen, moderator ; Stavros Gadinis (Berkeley Law), Jodi L. Short (Georgetown University), Kathryn A. Watts (University …

External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge

James Routledge

This article considers the merits of alternative policy approaches to management of companies in insolvency administration, in particular from an identity economics theoretical perspective. The use of this perspective provides a novel assessment of the policy alternatives for insolvency administration, which can be characterised as either following the more flexible United States Chapter 11-style debtor-in-possession arrangement, or relying on the appointment of an external administrator or trustee to manage the insolvent company, who automatically displaces incumbent management. This analysis indicates that stigma and reputational damage from automatic removal of managers in voluntary administration leads to “identity loss” and that an …

Land Use Planning And Development Regulation Law (Hornbook), Julian Juergensmeyer, T. Roberts

Julian C. Juergensmeyer

Land Use Planning and Development Regulation Law helps real estate and land use lawyers, professional planners, developers, state and local policy makers, officials, academics, and judges handle land use planning and development issues. Its in-depth coverage of the traditional elements of land use planning and control law makes it a practical tool for city planners and other specialists in urban planning.

Evolving Contours Of Immigration Federalism: The Case Of Migrant Children, Elizabeth Keyes

Elizabeth Keyes

In a unique corner of immigration law, a significant reallocation of power over immigration has been occurring with little fanfare. States play a dramatic immigration gatekeeping role in the process for providing protection to immigrant youth, like many of the Central American children who sought entry to the United States in the 2014 border “surge.” This article closely examines the history of this Special Immigrant Juvenile Status provision, enacted in 1990, which authorized a vital state role in providing access to an immigration benefit. The article traces the series of shifts in allocation of power between the federal government and …

Law And Public Administration In Ireland, Fiona Donson, Darren O'Donovan

Darren O'Donovan

Extract: It is often said that administrative law is notoriously difficult to study and to teach because its doctrines are abstract and nuanced, moving across a wide array of statutes and aspects of legal practice. This book is an attempt to defend administrative law as an exciting and dynamic subject which is central to meeting the future challenges facing Irish public governance. Law and Public Administration in Ireland inevitably focuses heavily upon judicial review, as the central aspect of the legal regulation of governance, providing a firm backstop against government abuse of power. In our account of the grounds of …

Critical Junctures: Regulatory Failures, Ireland's Administrative State And The Office Of The Ombudsman, Fiona Donson, Darren O'Donovan

Darren O'Donovan

Extract: In the aftermath of global financial crisis, the importance of effective regulatory interventions by government has come into sharp relief. The failure of public administration and political oversight that underwrote the collapse of the Irish economy in 2008 has provoked widespread reflection on the need for increased administrative review in the country. This has extended beyond the specific financial sphere, to broader public law reform targeting executive power by building an improved parliamentary culture, greater independent oversight and concentrating democratic participation. In this article, we critique the Irish regulatory state through the prism of the pressures, conflicts and reforms …

Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber

Daniel A Farber

No abstract provided.

On Presidents, Agencies, And The Stem Cells Between Them: A Legal Analysis Of President Bush's And The Federal Governments Policy On The Funding Of Research Involving Human Embryonic Stem Cells, Yaniv Heled

Yaniv Heled

On August 9, 2001, President George W. Bush announced his policy on research involving human embryonic stem cells and proclaimed that federal funding would be allocated only to research involving human embryonic stem cell lines produced prior to his announcement (the Directive). Immediately thereafter, the National Institutes of Health (NIH) announced that it would act in accordance and full compliance with the Directive and took action to implement it. Since then, the Directive has dictated the nature and extent of scientific research involving human embryonic stem cells. Yet, astonishingly, despite being the subject of a boisterous debate, the Directive’s legality …

International Administrative Law -- Wto And Implications For Rulemaking, David Wirth

David A. Wirth

No abstract provided.

Presented (Invited), “U.S. Administrative Agencies” (Weeklong Seminar), Huyen Pham

Huyen T. Pham

No abstract provided.

The Cra Implications Of Predatory Lending, Kathleen Engel, Patricia Mccoy

Patricia A. McCoy

Traditionally, policymakers, communities, and industry have regarded the Community Reinvestment Act ("CRA") as a positive mandate for banks and thrifts to do good by increasing investment in low- and moderate-income ("LMI") neighborhoods. When Congress enacted CRA, it was inconceivable that LMI neighborhoods might eventually receive too much credit in the form of abusive mortgages. However, by the late 1990s, predatory mortgages- exploitative high-cost loans to gullible borrowers-were ravaging the inner cities. We address the question: given the surge in predatory lending, how should CRA respond? CRA and federal subsidies to regulated lenders can create perverse incentives for lenders to engage …

Jurisprudenta In Materia Concurentei. Obligatia De A Solicita O Hotarare Preliminara., Emanuela Matei

Emanuela A. Matei

No abstract provided.

Oklahoma Administrative Procedures: Cases And Materials, Michael Mitchelson

Michael Mitchelson

No abstract provided.

Renewed Energy: Sustainable Historic Assets As Keystones In Urban Center Revitalization, Michael N. Widener

Michael N. Widener

Conservation of the “built heritage” optimally manages historic values of property in light of current community imperatives of sustainability and urban center revitalization. Sensible historic preservation reveals the values of the past for present and future generations while delivering high-quality built environments that incorporate community sustainability. Adaptive reuse of historic structures preserves without ruining place-making. This paper argues that greater emphasis must be placed upon adaptive reuse in historic preservation initiatives. Acknowledging the larger significance of community cohesion and livability for all citizens, community planning processes within state and local governments must impose certain constraints upon historic property designation and …

Throwing Dirt On Doctor Frankenstein's Grave: Accesss To Experimental Treatments At The End Of Life, Michael J. Malinowski

Michael J. Malinowski

Abstract

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research …

Throwing Dirt On Doctor Frankenstein’S Grave: Access To Experimental Treatments At The End Of Life, Michael J. Malinowski

Michael J. Malinowski

All U.S. federal research funding triggers regulations to protect human subjects known as the Common Rule, a collaborative government effort that spans seventeen federal agencies. The Department of Health and Human Services has been in the process of re-evaluating the Common Rule comprehensively after decades of application and in response to the jolting advancement of biopharmaceutical science. The Common Rule designates specific groups as “vulnerable populations”—pregnant women, fetuses, children, prisoners, and those with serious mental comprehension challenges—and imposes heightened protections of them. This article addresses a question at the cornerstone of regulations to protect human subjects as biopharmaceutical research and …

The Internet As The World's Biggest Copy Machine, And How Plaintiff's Bar Seeks To Monetize It, Daniel Lyons

Daniel Lyons

On February 23, 2013, Professor Lyons presented at the First Circuit Spring Meeting of the American Bar Association Student Division.

The Implausibility Of Secrecy, Mark Fenster

Mark Fenster

Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s celebrated leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, open sources—each of these constitutes a path out …

How Safe Is That Shrimp? The Food Safety Modernization Act, David Wirth

David A. Wirth

No abstract provided.

Padilla Postconviction Claims In Florida: Squaring Chaidez, Hernandez And Castaño, Rebecca Sharpless, Andrew Stanton

Rebecca Sharpless

In Padilla v. Kentucky, the U.S. Supreme Court ruled that the Sixth Amendment requires defense attorneys to counsel their noncitizen clients about the immigration consequences of a plea. Padilla had pled guilty in state court to a drug crime and, after his conviction became final, filed a state postconviction motion alleging that his attorney rendered ineffective assistance of counsel by failing to advise him that his plea would trigger deportation. In holding that Padilla was entitled to competent advice regarding the consequences of his plea, the Court recognized what professional norms have required for at least the last two decades. …

Usage-Based Pricing And Net Neutrality, Daniel Lyons

Daniel Lyons

No abstract provided.

The Impact Of Data Caps And Other Forms Of Usage Based Pricing For Broadband Access, Daniel Lyons

Daniel Lyons

No abstract provided.

The Illusion Of Interchangeability: The Benefits And Dangers Of Guidance-Plus Rulemaking In The Fda's Biosimilar Approval Process, Jonathan Stroud

Jonathan R. K. Stroud

On March 23, 2010, President Obama signed into law the ambitious Patient Protection and Affordable Care Act. While media attention focused largely on the sweeping changes the bill makes to the nation’s healthcare system, there was also a less-noticed rider to the bill, the Biologics Price Competition and Innovation Act of 2009 (Biosimilars Act). The Biosimilars Act grants the Food and Drug Administration (FDA) broad new authority to create an accelerated premarket approval pathway for generic competition to biologics in an attempt to drive biologic drug prices down and reduce the overall costs of health care. Traditionally, inventors of medical …

Reforming The Universal Service Fund For The Digital Age, Daniel Lyons

Daniel Lyons

No abstract provided.

Bureaucratic Leadership, Agency Mission, And The Political Calculus Of Budgetary Investment Decisions For U.S. Federal Government Agencies, 1977-2009, Anne O'Connell, George Krause

Anne Joseph O'Connell

No abstract provided.

Administering Disasters, Anne O'Connell

Anne Joseph O'Connell

No abstract provided.

Adaptive Selection And Presidential Appointments To Leadership Positions In U.S. Federal Government Agencies, 1977-2009, Anne O'Connell, George Krause

Anne Joseph O'Connell

No abstract provided.

Who Walks The Watchdog? Bureaucratic Oversight And The Governement Accountability Office, Anne O'Connell

Anne Joseph O'Connell

No abstract provided.

Qualifications: Law And Practice Of Selecting Agency Leaders, Anne O'Connell

Anne Joseph O'Connell

No abstract provided.