Administrative Law Commons^™

Behavioral Economics And The Sec, Stephen J. Choi, Adam C. Pritchard

Articles

Not all investors are rational. Quite apart from the obvious examples of credulity in the face of the latest Ponzi scheme, there is no shortage of evidence that many investors' decisions are influenced by systematic biases that impair their abilities to maximize their investment returns. For example, investors will often hold onto poorly performing stocks longer than warranted, hoping to recoup their losses. Other investors will engage in speculative trading, dissipating their returns by paying larger commissions than more passive investors. And we are not just talking about widows and orphans here. There is evidence that supposedly sophisticated institutional investors-mutual …

Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson

Articles

This Article examines executive branch agency actions concluded just before a new President takes office, such as "midnight" rulemaking and late-term hiring and promotion, which Professor Mendelson collectively refers to as "agency burrowing." Congress, the media, and some commentators have portrayed such activities as unsavory power grabs that undermine the President-elect's ability to direct the functions of administrative agencies. Rather than dismissing agency burrowing out of hand, however, Professor Mendelson argues for a more nuanced approach. In some cases, burrowing can make positive contributions to the democratic responsiveness of agencies, agency accountability, and the "rule of law." A fuller analysis …

Self-Regulation And Securities Markets, Adam C. Pritchard

Articles

Enron, Arthur Andersen, Tyco, ImClone, WorldCom, Adelphia - as American investors reel from accounting scandals and self-dealing by corporate insiders, the question of trust in the securities markets has taken on a new urgency. Securities markets cannot operate without trust. Markets known for fraud, insider trading, and manipulation risk a downward spiral as investors depart in search of safer investments. Today, many investors are rethinking the wisdom of entrusting their financial futures to the stock market. Absent trust in the integrity of the securities markets, individuals will hoard their money under the proverbial mattress.

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Gregory Conko

Richmond Journal of Law & Technology

Thank you. It’s a very common mistake to believe that consumers could only have a choice if the government requires mandatory labeling of genetically engineered food. My question back to you, Jean, is, exactly what kind of information do consumers get if all you do is label the product as “Genetically Engineered?” We can take this up later in the debate part of our panel discussion. I think the one thing that we can all agree on, however, is that the food label is a very important source of information to consumers.

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan Adler

Richmond Journal of Law & Technology

Thank you. It’s a pleasure to be here, and I appreciate the invitation. What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to …

Remarks On Genetically Modified Foods And International Regulation, Tony Van Der Haegen

Richmond Journal of Law & Technology

Thank you. I certainly don’t want to interfere in the American debate about labeling, since I have already enough problems with European consumers, but what I would like to do today is not only to talk about our legislation a bit, because it’s so detailed and complex, but also to talk about the European/ American trade relations, in particular as it relates to biotechnology. First of all, I would like to say there is a strong trans-Atlantic relationship as far as trade is concerned between the EU and the U.S. We have to realize that we have a trade level …

Remarks On Genetically Modified Foods And International Regulation, Mark Mansour

Richmond Journal of Law & Technology

First of all, I want to thank you all for having us here for a wonderful program. To start out, I had intended to address some issues that Jean Halloran has raised. The first point regarding the Committee on Food Labeling, why the United States is opposed to regimes and the considerations of the past couple of years, is very simple. It’s not a matter at looking at trade cases rather because the Food, Drug and Cosmetic Act, as Dr. Hoover stated before, does not provide a consumer’s right to know.

It’s not to say the consumer’s right to know …

Remarks On Genetically Modified Foods And International Regulation, Thomas N. Sleight

Richmond Journal of Law & Technology

I’m going to speak on a slightly different perspective here. I guess the first question I have is how many farmers do we have in the audience? Val, I marked you down as an organic farmer here today, as I learned that today. I don’t think we have many, and I’m going to take a fantastic leap of judgment saying that the students that are here at the University of Richmond School of Law are not preparing for careers in agriculture. So, I’m going to come from a farmer’s point of view. I will jump back and forth between my …

Prosecutors And Their Agents, Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This Article seeks to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. After considering the virtues and pitfalls of both hierarchical and coordinate organizational modes, the Article offers a normative model that views prosecutors and agents as members of a "working group," with each side monitoring the other. It concludes by exploring how this model can be furthered or frustrated with various procedural and structural changes.

Hard Choices And Soft Law: Ethical Codes, Policy Guidelines And The Role Of The Courts In Regulating Government, Lorne Sossin, Charles Smith

Articles & Book Chapters

The authors examine a number of examples of "soft law": written and unwritten instruments and influences which shape administrative decision making Rather than rendering bureaucratic processes more transparent and cohesive, or fostering greater accountability and consistency among decision-makers, "soft law" in this context frequently reinforces artificial divisions. Moreover, it insulates decisions and decision-makers from the kinds of critical inquiry typically associated with "hard law. " If it is to realize its potential as a bridge between law and policy, and lend meaning to core principles - like fairness and reliability - soft law ought to be subjected to similarly critical …

Remarks On Genetically Modified Foods And International Regulation, Jean Halloran

Richmond Journal of Law & Technology

I will try and be brief since everybody has heard from me already. I’m just going to talk about something which probably none of you have heard of. Ten or twenty years ago, people had really not heard of it but after GATT, the general arrangements for tariffs and trade, it acquired special status, which was that if you are using a food safety standard in which you can develop byproducts, then it is assumed that your standard is a legitimate one and you cannot be challenged by the World Trade Organization on that standard.

Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.

Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser

Publications

No abstract provided.

Toward A Next Generation Regulatory Strategy, Philip J. Weiser

Publications

The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate regulatory classification for such platforms and what legal rules (if any) should govern access to such platforms. This Article explains how the FCC, using its "ancillary jurisdiction" authority under Title I of the Communications Act, can develop a reactive regulatory regime that examines allegations of discriminatory …

Panel Remarks On Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Michael Rodemeyer, Jonathan Adler, Greg Conko, Jean Halloran

Richmond Journal of Law & Technology

Thank you to all of our speakers. I can assure everybody in the audience that you will not be specialists on this topic after today, since we can easily spend a whole afternoon on this topic. Let me ask Jean first of all, do you want to respond to anything you’ve heard from the speakers after you?

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jean Halloran

Richmond Journal of Law & Technology

hank you. Consumer Union, which is the organization that I work for, favors labeling genetically engineered food. At the base of our view on this issue is the view that genetically engineered food is different than regular food. I know some of our previous speakers have spoken about how this is all just one big continuum from conventional crops, but when you look at spider- silk goats, which are goats genetically engineered to produce spider silk in their milk that do in fact exist already on a test farm, the ordinary persons sees something different. To the ordinary person, a …

Cutting Science, Ecology, And Transparency Out Of National Forest Management: How The Bush Administration Uses The Judicial System To Weaken Environmental Laws, William Snape Iii

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Art Of Legislative Lawyering And The Six Circles Theory Of Advocacy, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A "legislative lawyer" is a person who exists in Washington, D.C., and in almost every city and state in this country where legislation and administrative regulations are developed. But most people do not know who that person is or what that person does. In fact, most advocacy organizations that should be hiring legislative lawyers have no idea who a legislative lawyer is.

The author coined the term "legislative lawyer" when she created a Federal Legislation Clinic at the Georgetown University Law Center in Washington, D.C. over a decade ago. The author needed to explain to her faculty colleagues what type …

Comments On Warren Grimes: Transparency In Federal Antitrust Enforcement, Robert Pitofsky

Georgetown Law Faculty Publications and Other Works

In this review, I will concentrate on the policies and experiences of the Federal Trade Commission - an agency with which I am more familiar than the Department of Justice. Professor Grimes appreciates that FTC disclosure policies provide more information than the Antitrust Division of the DOJ. I will leave it to others to explain why Department of Justice policies, particularly in the area of criminal enforcement, deserve to be different.

Erasure And Recognition: The Census, Race And The National Imagination, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

This Article is concerned with the constitutive power of the census with respect to race. It is an examination of the U.S. Census as an aspect of what Angela Harris calls race law, "law pertaining to the formation, recognition, and maintenance of racial groups, as well as the law regulating the relationships among these groups." While others have noted and explored the epistemological and constitutive functions of the census race categories, my aim is to unpack this insight in the context of two specific examples of categorical change and contest: the addition of a Chinese racial category in 1870 and …

Cooperative Federalism And Its Challenges, Philip J. Weiser

Publications

No abstract provided.

Modularity, Vertical Integration, And Open Access Policies: Towards A Convergence Of Antitrust And Regulation In The Internet Age, Joseph Farrell, Philip J. Weiser

Publications

Antitrust law and telecommunications regulation have long adopted different stances on whether to mandate open access to information platforms. This article aims to help regulators and commentators incorporate both Chicago School and post-Chicago School arguments in evaluating this basic policy choice, suggesting how they can be integrated in an effective manner. In particular, the authors outline three alternative models that the FCC could adopt to guide its regulation of information platforms and facilitate a true convergence between antitrust and regulatory policy.

Regulatory Challenges And Models Of Regulation, Philip J. Weiser

Publications

No abstract provided.

Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg

Other Publications

It's a great honor for me to be invited to deliver the Levine Distinguished Lecture at Fordham, and a great opportunity to try out some new ideas before this audience. As some of you know, I've been studying the role of patents in biomedical research and product development ("R&D") for close to twenty years now, with a particular focus on how patents work in "upstream" research in universities and biotechnology companies that are working on research problems that arise prior to "downstream" product development. But, of course, the patent strategies of these institutions are designed around the profits that everyone …

Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz

Articles

No abstract provided.

Illegality And Public Policy, Boon Leong, Andrew Phang

Research Collection Yong Pung How School Of Law

No abstract provided.

Arbitration And The Administrative State, Rebecca H. White

Scholarly Works

Two important doctrinal developments of the 1980s--judicial deference to agency interpretations of statutes and the enforceability of predispute agreements to arbitrate statutory claims--individually have received considerable attention from courts and commentators. However, the interplay between these two doctrinal strands has gone largely unnoticed. This Article recognizes that both strands have something important in common--each upholds statutory interpretation by entities which the Chevron doctrine, in which the Court held that statutory silence or ambiguity may serve as an implied delegation of interpretative authority to administrative agencies, applies in the context of arbitration of statutory claims. It considers whether an understanding of …

Summary Of Meridian Gold Co. V. State Ex Rel Dep’T Of Tax., Beth Rosenblum

Nevada Supreme Court Summaries

Appeal from judgment of the Second Judicial District Court, Washoe County, affirming a Nevada Department of Taxation tax deficiency determination.

Appeal No. 0709: Valley Enterprises V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2002-11

Yassin V. Ben-David, Aharon Barak, Dorit Beinisch, Izhak Englard

Translated Opinions

Facts: In the context of IDF operations against the terrorist infrastructure in areas of the Palestinian Authority (“Operation Defensive Wall”), thousands of suspects were detained. Due to overcrowding, some of these petitioners were transferred to the Kziot detention facility in the Negev region. Most of the detainees were detained pursuant to administrative detention orders. This petition concerns the detention conditions of these detainees.

Held: The Supreme Court held that the presumption of innocence should be applied to the detainees, as they are being held under administrative detention orders, and have neither been tried nor convicted. The Court further held that …