Administrative Law Commons^™

Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

The Regulatory Accountability Act And The Future Of Apa Revision, Ronald M. Levin

Chicago-Kent Law Review

This article seeks to take stock of the Regulatory Accountability Act (RAA), a set of proposals to amend the Administrative Procedure Act (APA). House and Senate versions of the proposed Act have been pending in Congress since 2011, although the impending advent of Democratic control of the House may halt further progress on the bills in their present form. Some provisions in the RAA are desirable or at least supportable, because they would codify elements of current practice or make minor repairs to the APA. But other aspects of the bill are controversial and troubling. Among them are sections that …

Medical Board Of California, Mason Bettencourt, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Bureau Of Cannabis Control, Nicole Cohen, Guinness Castello, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Examining The Administrative Unworkability Of Final Agency Action Doctrine As Applied To The Native American Graves Protection And Repatriation Act, Adam Gerken

Michigan Journal of Environmental & Administrative Law

The application of the Administrative Procedure Act (“APA”) to the Native American Graves Protection and Repatriation Act (“NAGPRA”) creates unique practical and doctrinal results. When considering the application of the current law concerning judicial review of final agency action under the APA to NAGPRA, it is evident that the law is simultaneously arbitrary and unclear. In the Ninth Circuit’s holding in Navajo Nation v. U.S. Department of the Interior, the Court applied final agency action doctrine in a manner that was legally correct but administratively unworkable. The Court’s opinion contravenes both the reasoning behind the APA final agency action …

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott

Dickinson Law Review (2017-Present)

The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them.

This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive …

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review (2017-Present)

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …

Pharmaceutical Price Gouging: The Need For Direct Regulation On The Gray Market, Nicole Rende

Journal of Civil Rights and Economic Development

(Excerpt)

This Note proposes federal legislation that will ultimately shut down the Pharmaceuticals gray market. The federal government should directly regulate the gray market and the price gouging mechanisms used. Congress should pass the Fair Accountability and Innovative Research Drug Pricing Act of 2016, currently proposed. This Act will increase price transparency and provide a civil penalty for wrong doers. In addition to the passage of this Act, there needs to be a direct attack on the gray market by creating an act that does not allow companies to participate in these distributions and ultimately form monopolies. This act needs …

Inaccessible Websites Are Discriminating Against The Blind: Why Courts, Websites, And The Blind Are Looking To The Department Of Justice For Guidance, Elizabeth Sheerin

St. John's Law Review

(Excerpt)

This Note argues that Title III of the ADA should extend to websites and mobile applications as “places of public accommodation” and suggests a framework to determine which accommodations should be adopted to make websites accessible to people with visual disabilities. Specifically, it calls on Congress and the DOJ to fix this hole in the law and ensure the Act protects all persons with disabilities, as it was intended to. Part I will introduce the ADA, including its legislative history and amendments, and then will describe the standards private agencies have developed to make the Internet accessible to those …

Too Plain To Be Misunderstood: Sovereign Immunity Under The Arkansas Constitution, Robert C. Dalby

Arkansas Law Review

The framers of the constitution certainly knew that instances of hardship would result from the prohibition of suits against the State, but they nevertheless elected to write that immunity into the constitution. The language is too plain to be misunderstood, and it is our duty to give effect to it. Given the fluid nature of the law, time is often the greatest enemy of clarity in court precedent. From law students to experienced judges, anyone who has tried to research the doctrine of sovereign immunity under the Arkansas Constitution has surely struggled with that enemy as they sift through the …

Medical Marijuana In Arkansas: The Risks Of Rushed Drafting, Carol Goforth, Robyn Goforth

Arkansas Law Review

Arkansas voters passed the Arkansas Medical Marijuana Amendment to the state constitution in late 2016. Almost certainly, the vast majority of voters did so without reading or understanding the intricacies of the initiative, and instead voted simply to affirm their desire to permit the medical use of marijuana in the state. Among many other provisions, the amendment imposed a 120 day time limit (later extended by the Arkansas legislature to 180 days) within which the Arkansas Department of Health and other agencies were to adopt rules implementing the voter mandate. While six months might seem like plenty of time in …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Angela O'Hara, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Shana Sobel, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Stephanie Mendivil, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Thomas Burke, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, Halie Turigliatti, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.

Dental Board Of California, Katie Abajian, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.