Administrative Law Commons^™

Alienating Our Nation's Legal Permanent Residents: An Analysis Of Demore V. Kim And Its Impact On America's Immigration System , Shaneela Khan

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Maine's Battle In America's Other Drug War: Pharmaceutical Research And Manufacturers Of America V. Walsh, Lynsey Mitchel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Oregon's Office Of Administrative Hearings: A Postscript, Thomas E. Ewing

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Agency Exercise Of Legislative Power And Alj Veto Authority, Daniel Manry

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Fernandez-Vargas V. Gonzales: An Examination Of Retroactivity And The Effect Of The Illegal Immigration Reform And Immigrant Responsibility Act, Brooke Hardin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Alternatives To Judicial Branch Congestion, John G. Farrell

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck

UNLV Gaming Law Journal

No abstract provided.

Was The Graphe Paranomon A Form Of Judicial Review?, Melissa Schwartzberg

Cardozo Law Review

No abstract provided.

N.L.R.B. Campaign Propaganda: A Call For Congressional Reform, Susan Gardner

Pepperdine Law Review

With its decision in Midland National Life Insurance Company, the National Labor Relations Board no longer probes into the truth or falsity of statements made during he course of preelection campaigns. The decision marks the third policy reversal in regulating campaign propaganda during the last five years. Of concern to employers and unions is the uncertainty of Board resolutions in this area, particularly when each policy reversal was preceded immediately by Presidential appointments to the Board. This article traces the shifting Board policy of regulating campaign misrepresentations and calls for Congressional intervention to stabilize the preelection process.

Aspects Of Labor Law Affecting Labor-Management Cooperation In The Railroad And Airline Industries, Henry H. Perritt Jr.

Pepperdine Law Review

No abstract provided.

Interpreting Biological Similarity: Ongoing Challenges For Diverse Decision Makers, Sarah M. Cork

Michigan Telecommunications & Technology Law Review

Similarity is an elusive and complicated concept facing comparisons of biological molecules, as even minute changes to a molecule's structure can dramatically affect its function in the body. Yet the flood of biologic drugs on the market will increasingly force these similarity comparisons. These concerns are particularly relevant to two groups of drugs: families of biologic drugs that closely resemble each other in structure and function, here termed "similar-impact biologics," and the biosimilars, which are intended to closely approximate generic forms of biologic drugs. In bringing biologic drugs to the market, manufacturers are likely to face dual obstacles: FDA approval …

Private Equity & Private Suits: Using 10b-5 Antifraud Suits To Discipline A Transforming Industry, Kenneth J. Black

Michigan Business & Entrepreneurial Law Review

This note demonstrates why private equity will no longer be able to avoid private investor suits as it has (mostly) done in the past and explores the industry’s response to a growing number of investor suits. Notably, the industry has already begun to shift its strategy from regulatory avoidance to regulatory capture, at least in part to avoid investor suits. Given these changes, this note proposes that the best way to maintain discipline in the transforming private equity market is to protect the ability of investors to bring private suits.

Giving Consumers A Leg To Stand On: Finding Plaintiffs A Legislative Solution To The Barrier From Federal Courts In Data Security Breach Suits, Patricia Cave

Catholic University Law Review

No abstract provided.

The Plaintiff’S Last Chance: Foia’S Waiver Doctrine, Sydney Hutchins

Student Works

No abstract provided.

Keep It Light, Chairman White: Sec Rulemaking Under The Crowdfund Act, Andrew A. Schwartz

Publications

Title III of the JOBS Act, known as the CROWDFUND Act, authorizes the “crowdfunding” of securities, defined as raising capital online from many investors, each of whom contributes only a small amount. The Act was signed into law in April 2012, and will go into effect once the Securities and Exchange Commission (“SEC”) promulgates rules and regulations to govern the new marketplace for crowdfunded securities. This Essay offers friendly advice to the SEC as to how to exercise its rulemaking authority in a manner that will enable the Act to achieve its goals of creating an ultralow-cost method for raising …

Placing "Reins" On Regulations: Assessing The Proposed Reins Act, Jonathan H. Adler

Faculty Publications

Over the past several decades, the scope, reach and cost of federal regulations have increased dramatically, prompting bipartisan calls for regulatory reform. One such proposed reform is the Regulations From the Executive in Need of Scrutiny Act (REINS Act). This proposal aims to restore political accountability to federal regulatory policy decisions by requiring both houses of Congress to approve any proposed “major rule.” In effect, the REINS Act would limit the delegation of regulatory authority to federal agencies, and restore legislative control and accountability to Congress. This article seeks to assess the REINS Act and its likely effects on regulatory …

Understanding Financial Derivatives, Timothy E. Lynch

Faculty Works

Derivatives are commonly defined as some variation of the following: a financial instrument whose value is derived from the performance of a secondary source such as an underlying bond, commodity or index. But this definition is both over-inclusive and under-inclusive. Thus, not surprisingly, derivatives are largely misunderstood, including by many policy makers, regulators and legal analysts. It is important for interested parties such as policy makers to understand derivatives, because the types and uses of derivatives have exploded in the last few decades, and because these financial instruments can provide both social benefits and cause social harms. This Article presents …

Bedside Bureaucrats: Why Medicare Reform Hasn't Worked, Nicholas Bagley

Articles

Notwithstanding its obvious importance, Medicare is almost invisible in the legal literature. Part of the reason is that administrative law scholars typically train their attention on the sources of external control over agencies’ exercise of the vast discretion that Congress so often delegates to them. Medicare’s administrators, however, wield considerably less policy discretion than the agencies that feature prominently in the legal commentary. Traditional administrative law thus yields slim insight into Medicare’s operation. But questions about external control do not—or at least they should not—exhaust the field. An old and often disregarded tradition in administrative law focuses not on external …

Agenda: The Future Of Natural Resources Policy, University Of Colorado Boulder. Natural Resources Law Center

The Future of Natural Resources Policy (December 6)

This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Moderator: Dean Phil Weiser, University of Colorado Law School

Panelists:

Jay Jensen, Associate Director for Land & Water Ecosystems, White House Council on Environmental Quality

Scott Miller, Visiting Assistant Professor, University of Colorado Law …

Background Reading: Department Of The Interior, 2013 Departmental Overview, United States. Department Of The Interior, Ken Salazar

The Future of Natural Resources Policy (December 6)

18 pages (DO-5 through DO-22).

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

Background Reading: Department Of Agriculture, 2013 Budget Overview, United States. Forest Service, United States. Department Of Agriculture

The Future of Natural Resources Policy (December 6)

57 pages.

"Fiscal Year 2013 Budget Overview"

"February 2012"

"Background Reading"

The Future of Natural Resources Policy: This forum will provide a post-election perspective on some of the challenges and opportunities that natural resources, public lands, and energy policymakers in Washington are likely to face in the next four years. An expert panel will discuss the dynamics in the Department of the Interior, the Department of Agriculture, and Congress, and how their evolving policies are likely to affect Colorado in the coming years.

The Special Supplemental Nutrition Program For Women, Infants, And Children (Wic) And The Supplemental Nutrition Assistance Program (Snap): Comparing Policies And Suggesting Changes, Regina T. Cucurullo

Journal of Food Law & Policy

National concerns, such as obesity, should be addressed through national efforts. Considering the national reach of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) and the Supplemental Nutrition Assistance Program (SNAP) and their ability to influence the diets of a significant amount of the nation's population, changes to these programs should be made to encourage healthy nutrition.

Food And Agricultural Security Strategy And Its Implementation Under Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Vivek V. Nemane

Journal of Food Law & Policy

The U.S. agricultural system can be described as concentrated, specialized and industrialized. A typical food chain generally involves agricultural production, storage, processing and distribution. In the U.S. agricultural and food system, most production, distribution and processing is done in a consolidated and centralized manner.

A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler

Pepperdine Law Review

No abstract provided.