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Articles 211 - 240 of 325
Full-Text Articles in Administrative Law
Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Covering The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel
Articles
No abstract provided.
The Law Of Rules, Cory Marsolek
The Law Of Rules, Cory Marsolek
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Leidos And The Roberts Court's Improvident Securities Law Docket, Matthew C. Turk, Karen E. Woody
Leidos And The Roberts Court's Improvident Securities Law Docket, Matthew C. Turk, Karen E. Woody
Scholarly Articles
For its October 2017 term, the U.S. Supreme Court took up a noteworthy securities law case, Leidos, Inc. v. Indiana Public Retirement System. The legal question presented in Leidos was whether a failure to comply with a regulation issued by the Securities and Exchange Commission (SEC), Item 303 of Regulation S-K (Item 303), can be grounds for a securities fraud claim pursuant to Rule 10b-5 and the related Section 10(b) of the 1934 Securities Exchange Act. Leidos teed up a significant set of issues because Item 303 concerns one of the more controversial corporate disclosures mandated by the SEC—an …
Should Regulatory Compliance Be A Goal Or A Constraint For Health Care Companies? Finding Effective Methods To Assure Compliance With The Federal Anti-Kickback Statute And The False Claims Act, Roni A. Elias
Florida A & M University Law Review
The stereotypical conception of compliance is reinforced by some of the fundamental assumptions about what the primary objectives of a corporation should be and about how a corporation should accomplish those objectives. According to the prevailing theory of corporate structure, a corporation exists for the sole purpose of earning profits for its shareholders, and all of its actions are to be directed toward that end. If compliance with the law is not an inherently profit making activity, it is to be treated as a constraint on the corporation's efficient operation. According to this view, compliance will generally be considered a …
Restoring Chevron's Domain, Jonathan Adler
Restoring Chevron's Domain, Jonathan Adler
Faculty Publications
For some three decades, Chevron USA v. Natural Resources Defense Council has stood at the center of administrative law. Today, however, there are doubts about the doctrine’s continued vitality, and perhaps even its ultimate desirability. This brief article, based upon remarks delivered at Missouri Law Review symposium, suggests the scope of Chevron’s domain should be determined by its doctrinal grounding. Specifically, insofar as the Court’s subsequent application and elucidation of Chevron have indicated that the doctrine is predicated on a theory of delegation, courts should only provide such deference when the relevant power has been delegated by Congress. Correspondingly, …
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda D. Jellum, Moses M. Tincher
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda D. Jellum, Moses M. Tincher
Articles
Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC’s enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, litigants contended that the SEC realized a significant home-court advantage. For example, the Wall Street Journal …
Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild
Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild
American University Law Review
No abstract provided.
Legislative Committee Abbreviations
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Jena Scarborough, Bridget Fogarty Gramme
Dental Board Of California, Jena Scarborough, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
Contractors’ State License Board, Mayra Castro, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance, J. D. Fellmeth
Department Of Insurance, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
A Rock Unturned: Justice Scalia's (Unfinished) Crusade Against The Seminole Rock Deference Doctrine, Kevin O. Leske
A Rock Unturned: Justice Scalia's (Unfinished) Crusade Against The Seminole Rock Deference Doctrine, Kevin O. Leske
Faculty Scholarship
No abstract provided.
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Faculty Scholarship
No abstract provided.
Blood Biofuels, Nadia B. Ahmad
A Stinging Effect: The Legal Implications Biting Into The Effects Of The Zika Virus, Keanu Bader Mr
A Stinging Effect: The Legal Implications Biting Into The Effects Of The Zika Virus, Keanu Bader Mr
Honors Undergraduate Theses
People are afraid of contagious diseases. The thought that disease can spread throughout an entire population tends to make people wary of their interactions with their surrounding environment. Hearing about, or even seeing pictures of mosquitoes can make people squeamish or even stimulate an itch. Throughout the ages, the reaction to contagious diseases has been to quarantine and isolate. From the bubonic plague to the 1918 “Spanish” flu, the protocol was to quarantine those infected and isolate the rest. It may be this practice that inspired such precautions be taken by the public. Often these precautions are not warrantless and …
Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg
Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg
Faculty Publications
This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, antienvironmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints. Commentators often acknowledge that federal lands management may be “unfair” to local communities, but the ethical and legal characteristics of the unfairness concern remain under-explored. Although the Sagebrush Rebellion and federal lands communities are far from synonymous, substantial overlap between the complaints and demands of Sagebrush Rebels and the complaints and demands of many regional local (and state) governments suggests that to explore the one necessitates …
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum
Articles
Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …
Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter
Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter
American University Business Law Review
No abstract provided.
Improving Green Building: Comparing Leed Certification To The Fda And Its Private, Third Party Rating Approach, Patrick Kain
Improving Green Building: Comparing Leed Certification To The Fda And Its Private, Third Party Rating Approach, Patrick Kain
American University Business Law Review
No abstract provided.
On Health, Law, And Religion, Stacey A. Tovino
On Health, Law, And Religion, Stacey A. Tovino
Scholarly Works
The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman's Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court's recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a wide …
Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke
American University Law Review
No abstract provided.