Administrative Law Commons^™

Regulation Of Emerging Risks, Matthew T. Wansley

Vanderbilt Law Review

Why has the EPA not regulated fracking? Why has the FDA not regulated e-cigarettes? Why has NHTSA not regulated autonomous vehicles? This Article argues that administrative agencies predictably fail to regulate emerging risks when the political environment for regulation is favorable. The cause is a combination of administrative law and interest group politics. Agencies must satisfy high initial informational thresholds to regulate, so they postpone rulemaking in the face of uncertainty about the effects of new technologies. But while regulators passively acquire more information, fledgling industries consolidate and become politically entrenched. By the time agencies can justify regulation, the newly …

Manufacturing Barriers To Biologics Competition And Innovation, W. Nicholson Price Ii., Arti K. Rai

Articles

As finding breakthrough small-molecule drugs becomes more difficult, drug companies are increasingly turning to "large molecule" biologics. Although biologics represent many of the most promising new therapies for previously intractable diseases, they are extremely expensive. Moreover, the pathway for generic-type competition set up by Congress in 2010 is unlikely to yield significant cost savings. This Article provides a fresh diagnosis of and prescription for this major public policy problem. It argues that the key cause is pervasive trade secrecy in the complex area of biologics manufacturing. Under the current regime, this trade secrecy, combined with certain features of Food and …

Controlling Presidential Control, Kathryn A. Watts

Michigan Law Review

Presidents Reagan and Clinton laid the foundation for strong presidential control over the administrative state, institutionalizing White House review of agency regulations. Presidential control, however, did not stop there. To the contrary, it has evolved and deepened during the presidencies of George W. Bush and Barack Obama. Indeed, President Obama’s efforts to control agency action have dominated the headlines in recent months, touching on everything from immigration to drones to net neutrality. Despite the entrenchment of presidential control over the modern regulatory state, administrative law has yet to adapt. To date, the most pervasive response both inside and outside the …

Underbanked: Cooperative Banking As A Potential Solution To The Marijuana-Banking Problem, Patrick A. Tighe

Michigan Law Review

Numerous states have recently legalized recreational marijuana, which has created a burgeoning marijuana industry needing and demanding access to a variety of banking and financial services. Due, however, to the interplay between the federal criminalization of marijuana and federal anti-money laundering laws, U.S. financial institutions cannot handle legally the proceeds from marijuana activity. As a result, most financial institutions are unwilling to flout federal anti-money laundering laws, and so too few marijuana-related businesses can access banking services. This Note argues that the most viable policy option for resolving this “underbanking” problem is a financial cooperative approach such as a cannabis-only …

Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock

Fordham Urban Law Journal

No abstract provided.

Appeal No. 0886: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0873: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0881: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0880: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0879: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0885: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0887: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0883: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0882: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0875: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0874: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0878: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0871: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0876: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0877: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0863: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

The Administrative Constitution In Exile, Mila Sohoni

William & Mary Law Review

For decades, the aspiration of administrative law has been to develop legal structures that would constrain and legitimate the exercise of agency power. The fruition of that hope was the complex internal blueprint that has made modern administrative governance both successful and legitimate the framework for executive action that many have hailed as the administrative constitution. Today, however, novel exercises of administrative power are crowding out old and familiar varieties, making the conventional forms of administrative action less and less relevant to the conduct of government.

This Article examines how the administrative constitution has changed over time and how that …

Revisiting The Accredited Investor Standard, Syed Haq

Michigan Business & Entrepreneurial Law Review

The passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and the Jumpstart Our Business Startups (JOBS) Act provided the impetus for several changes in the financial regulatory regime. In the securities markets, Dodd-Frank included provisions that lifted a ban on general solicitation and mandated a review of the accredited investor standard. These changes, while intended to increase capital formation within our private markets, also brought to light serious investor protection issues. This note advocates for a new accredited investor standard that more accurately reflects the risks associated with investing in the private markets.

Rebutting The Fraud On The Market Presumption In Securities Fraud Class Actions: Halliburton Ii Opens The Door, Victor E. Schwartz, Christopher E. Appel

Michigan Business & Entrepreneurial Law Review

In Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II), the United States Supreme Court reaffirmed the validity of the “fraud on the market” presumption underlying securities fraud class action litigation. This presumption is vital to bringing suits as class actions because it excuses plaintiffs from proving individual reliance on an alleged corporate misstatement on the theory that any public statements made by the company are incorporated into its stock price and consequently relied upon by all investors. Thus, the Court’s decision to uphold the validity of the presumption has been hailed as a significant victory for those …

3(A)(10) Financing: New Predatory Financing Using The Securities Act, Thomas S. Glassman

Michigan Business & Entrepreneurial Law Review

The Section 3(a)(10) exemption of the Securities Act of 1933 is meant to exempt securities transactions where a fairness hearing by a judge or government agency’s ruling replaces the usual SEC registration requirements. Recently, there has been a rise in 3(a)(10) financing schemes, where a third party investor, what I call a “3(a)(10) financier,” will offer to purchase the outstanding debts of a company from its creditors in exchange for discounted, and unregistered, shares of stock. In many cases these exchanges are done with no notification to current shareholders whose value falls precipitously when the 3(a)(10) financier begins not only …

Dual-Class Capital Structures: A Legal, Theoretical & Empirical Buy-Side Analysis, Christopher C. Mckinnon

Michigan Business & Entrepreneurial Law Review

“The advantage of a dual-class share structure is that it protects entrepreneurial management from the demands of ordinary shareholders. The disadvantage of a dual-class share structure is that it protects entrepreneurial management from the demands of shareholders.” Issuing dual classes of stock has become hotly debated since two major events transpired in 2014: (1) Facebook acquired WhatsApp for $19 billion and (2) Alibaba chose to list its shares on the New York Stock Exchange (NYSE) instead of the Hong Kong Exchange. Because dual-class managers, like those at Facebook and Alibaba, retain a controlling voting block, their decisions are immune from …

The Curious Case Of Seminole Rock: Revisiting Judicial Deference To Agency Interpretations Of Their Ambiguous Regulations, Peter M. Torstensen Jr.

Notre Dame Law Review

Seminole Rock deference warrants reconsideration as it is based on questionable constitutional and pragmatic foundations. This Note argues that courts should provide a meaningful check on agency interpretations by engaging in de novo review of agency resolutions of regulatory ambiguities. Part I explores the development of the Seminole Rock doctrine, from its questionable doctrinal foundations and rapid expansion to the developing concerns regarding its continued validity. In addition, Part I explains the variety of forms that agency interpretations can take, including legal briefs, amicus briefs, and internal memoranda, and discusses their impact in expanding the scope of Seminole Rock deference. …

The Sec's Shift To Administrative Proceedings: An Empirical Assessment, Adam C. Pritchard, Stephen Choi

Law & Economics Working Papers

Congress has repeatedly expanded the authority of the SEC to pursue violations of the securities laws in proceedings decided by its own administrative law judges, most recently in the Dodd Frank Act. We report the results from an empirical study of SEC enforcement actions against non-financial public companies to assess the impact of the Dodd Frank Act on the balance between SEC district court and administrative enforcement actions. We show a general decline in the number of court actions against public companies post Dodd Frank. At the same time, we show an increase in average civil penalties post-Dodd Frank for …

Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith

Research Reports & White Papers

Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required …

Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel

Cardozo Law Review

No abstract provided.