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Articles 1 - 30 of 111
Full-Text Articles in Administrative Law
Sticks And Blackstone: Regulatory Takings And The Definition Of Property, Maryann Herman
Sticks And Blackstone: Regulatory Takings And The Definition Of Property, Maryann Herman
West Virginia Law Review
When private property is subject to regulation, courts sometimes find that it effects a taking requiring just compensation under the U.S. Constitution. This Article explains that what is deemed a regulatory taking can depend on the definition of property the court applies. There are two predominant ways property is defined: either as a bundle of rights or as a person’s dominion over a thing. The bundle of rights, or bundle of sticks, definition conceives of property as a collection of various, discrete rights held by a property owner and others in relation to a thing. These rights can be disaggregated …
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
West Virginia Law Review
This Article arrives at a critical juncture in Administrative Law and comprehensively answers two burning questions about Loper Bright Enterprises v. Raimondo, the case that overturned Chevron deference. First, what did Loper Bright change about review of agency action? Second, how should lower courts implement the decision? This Article engages in a first-of-its-kind, exhaustive review of the major circuit court decisions citing Loper Bright and analyzes how influential judges, scholars, and justices have characterized the impact of the decision. The Article defines what role Skidmore “deference” and the major questions doctrine should play in judicial review—while seriously questioning the long-term …
Explainable Fairness In Regulatory Algorithmic Auditing, Cathy O'Neil, Holli Sargeant, Jacob Appel
Explainable Fairness In Regulatory Algorithmic Auditing, Cathy O'Neil, Holli Sargeant, Jacob Appel
West Virginia Law Review
No abstract provided.
A Local Option: How Medicare Patients In Rural States Could Obtain Coverage For Weight Loss Medications, Emily Blackburn
A Local Option: How Medicare Patients In Rural States Could Obtain Coverage For Weight Loss Medications, Emily Blackburn
West Virginia Law Review
There are currently three options when it comes to managing obesity: (1) making nutritional and activity changes; (2) weight loss medications; and (3) weight loss surgery. The existing limited options for managing obesity are even more restricted for Medicare patients. Making lifestyle changes might not be effective for a variety of reasons, including persistent food cravings and experiences of weight stigma from healthcare providers. To qualify for weight loss surgery, Medicare patients must satisfy several criteria in addition to the already specific weight loss surgery requirements. Additionally, weight loss surgery might not be the most viable option for the Medicare …
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain
West Virginia Law Review
The emergence of blockchain technology has transformed the financial landscape in many ways. From creating new cryptocurrencies to facilitating decentralized exchanges and smart contracts, blockchain has the potential to disrupt traditional financial institutions and reshape the way we conduct business. However, the adoption of blockchain technology has also raised concerns about its potential risks and challenges, such as its susceptibility to fraud, market manipulation, and money laundering. These concerns have led to calls for regulating blockchain technology to mitigate these risks and ensure the integrity and stability of financial markets. Recent collapses in the crypto market caused by the bankruptcy …
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea
West Virginia Law Review
The veterans’ benefits system often describes itself as non-adversarial, meaning that the government is supposed to work with the claimant to provide them all benefits they are entitled to, rather than fighting to minimize what they receive. True enough, there are many unique features of the system that help veterans. But many of these features do not work as intended, and rules have developed at all stages that make it harder for veterans to recover. Moreover, as with any human institution, staff fall short, offices get overwhelmed, and gross delays pile up. This Article surveys the numerous ways that the …
Re-Framing Biotechnology Regulation, Alison Peck
Re-Framing Biotechnology Regulation, Alison Peck
Law Faculty Scholarship
Biotechnology is about to spill the banks of federal regulation. New genetic engineering techniques like CRISPR-Cas9 promise revolutionary breakthroughs in medicine, agriculture, and public health-but those techniques would not be regulated under the terms of the Coordinated Framework for Regulation of Biotechnology. This revolutionary moment in biotechnology offers an opportunity to correct the flaws in the framework, which was hastily patched together at the advent of the technology. The framework has never captured all relevant technologies, has never satisfied the public that risk is being effectively managed, and has never been accessible to small companies and publicly-funded labs that increasingly …
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
West Virginia Law Review
No abstract provided.
Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy
Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy
West Virginia Law Review
No abstract provided.
Fixing The Fmla's Flaws: A Fight For Care, Adult Children, And Tax Incentives, Kelsey A. Jonas
Fixing The Fmla's Flaws: A Fight For Care, Adult Children, And Tax Incentives, Kelsey A. Jonas
West Virginia Law Review
No abstract provided.
Despite What You've Been Sold - Unwrapping The Falsities Surounding Food Labels, Camille Currey
Despite What You've Been Sold - Unwrapping The Falsities Surounding Food Labels, Camille Currey
West Virginia Law Review
No abstract provided.
The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck
The Aftermath Of Alt V. Epa: Unresolved Tensions In Poultry Farm Pollution Control, Alison Peck
West Virginia Law Review
No abstract provided.
Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin
Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin
West Virginia Law Review
No abstract provided.
Keeping The Lights On During Superstorm Sandy: Climate Change And Adaptation And The Resiliency Benefits Of Distributed Generation, James M. Van Nostrand
Keeping The Lights On During Superstorm Sandy: Climate Change And Adaptation And The Resiliency Benefits Of Distributed Generation, James M. Van Nostrand
Law Faculty Scholarship
Hurricane Sandy (ultimately downgraded to "Superstorm" Sandy by the time it hit the coasts of New York and New Jersey in late October 2012) was the most lethal and destructive hurricane in 2012, resulting in 285 deaths, $68 billion in damages, and 8.5 million utility customers in the eastern United States losing power. Superstorm Sandy provided a wake-up call for electric utilities on the need to adopt a different set of long-term planning tools to improve the resilience of the electric system against anticipated extreme weather events. The experience of Superstorm Sandy provides a case study of the system resiliency …
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
Courts Cap The "Trade": Regulation Of Competitive Markets When Courts Overturn State And Federal Cap-And-Trade Regulation, Steven Ferrey
West Virginia Law Review
No abstract provided.
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
Stuck Between A Lump Of Coal And A Hard Place: The Mine Safety And Health Administration's Struggle With Due Process And America's Coal Industry, Patrick R. Baker
West Virginia Law Review
No abstract provided.
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
The Prohibition Of Moonshine: A Consumer Protection Analysis Of Raw Milk In Interstate Commerce, Whitney R. Morgan
West Virginia Law Review
No abstract provided.
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
Say What? The Resolution Of Ambiguous Written Agreements In West Virginia, James Matthew Davis
West Virginia Law Review
No abstract provided.
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
Unringing The Bell: Time For Epa To Reconsider Its Greenhouse Gas Endangerment Finding, David Yaussy, Elizabeth Turgeon
West Virginia Law Review
No abstract provided.
Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen
Feed-In Tarrifs In Turmoil, Lincoln L. Davies, Kirsten Allen
West Virginia Law Review
No abstract provided.
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks
Drilling And Deductions: Making The Section 170(H) Conservation Easement Work In The Shale Boom Era, Michael T. Fulks
West Virginia Law Review
No abstract provided.
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks
Water Quality Standard Setting Under The Clean Water Act: Is It Nimble Enough To Avoid Wasteful Spending On The Wrong Goals, Christopher B. Power, Jennifer J. Hicks
West Virginia Law Review
No abstract provided.
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky
West Virginia Law Review
The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …
There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson
There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson
West Virginia Law Review
No abstract provided.
Out Of The Shadows: Requiring Strategic Management Disclosure, Nadelle Grossman
Out Of The Shadows: Requiring Strategic Management Disclosure, Nadelle Grossman
West Virginia Law Review
Under federal securities laws and regulations, public companies must disclose to investors a considerable amount of information about their risk management processes to limit losses. In contrast, these companies need not disclose virtually anything about their strategic management processes to gen- erate gains. This mismatch in disclosure gives investors a distorted sense of firm processes to create value, undermining the federal securities laws' central purpose of creating informed investors. It also signals that risk management processes, which are cast in disclosure sunlight, are more important to firm success than strategic management processes, which remain in the shadows. To address these …
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
The Mpaa: A Script For An Antitrust Production, Ian G. Henry
West Virginia Law Review
No abstract provided.
Rural Roads To Acos: Inter-Community Collaboration Is Key To Rural Accountable Care Organizations' Success Under Medicare's Shared Savings Program, Justin Kearns
West Virginia Law Review
No abstract provided.
A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey
A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey
West Virginia Law Review
No abstract provided.
Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee
Rational Electricity Regulation: Environmental Impacts And The "Public Interest", Jeremy Knee
West Virginia Law Review
No abstract provided.