Administrative Law Commons^™

Regulatory Reform Recommendations Of The National Performance Review, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

How The Exception Makes The Rule: Agency Waiver Of Statutes, Rules, And Precedent In Florida, F. Scott Boyd

St. Thomas Law Review

The purpose of this article is certainly not to formulate a complete conception of administrative equity. The intent, rather, is simply to begin to examine one small aspect of Florida administrative law which traditionally has been associated with equitable principles: the exception. First, the concept of exception will be considered, to provide some definition. As might be expected, both the form of the .law to which exception is sought and the form of the action granting exception are important in determining the discretion of the agency. Exceptions are therefore considered in groups: first, exceptions to statutory requirements; next, exceptions to …

Board Of Examiners In Veterinary Medicine, A. Nations

California Regulatory Law Reporter

No abstract provided.

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Reply To Comments On The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Articles

A brief reply is in order to clarify our position on the patenting of research tools. We stand by the statement that "there are reasons to be wary of patents on research tools," but that statement should not be understood as a broad condemnation of patents on research tools in all contexts. Indeed, immediately after the cited language our opinion letter acknowledges that withholding patent protection from research tools could undermine private incentives to develop research tools and to make them available to investigators or lead to greater reliance on trade secrecy. Unlike the government, which purports to pursue patent …

Department Of Savings And Loan, E. Finelli

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, T. Franklin, K. Thompson, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

On Resegregating The Worlds Of Statute And Common Law, Peter L. Strauss

Faculty Scholarship

In the early afternoon of a humid, 97 degree summer day, James Gottshall was part of a crew of mostly 50- to 60-year-old men replacing track for Conrail. Michael Norvick, the crew supervisor, pressed the men to finish the work. He discouraged observance of the scheduled breaks. Richard Johns collapsed in the heat; Norvick ordered the men back to work as soon as a cold compress had revived him. Five minutes later Johns collapsed again, the victim of a heart attack. Gottshall began 40 minutes of ultimately fruitless cardiopulmonary resuscitation on Johns, his friend for 15 years. Norvick was unable …

Liberating Commercial Speech: Product Labeling Controls And The First Amendment, Lars Noah, Barbara A. Noah

Faculty Scholarship

As federal regulators impose increasing limits on what manufacturers may say about their products, constitutional protections for commercial speech become ever more important. Indeed, the United States Supreme Court's most recent First Amendment decisions suggest meaningful regard for the value of advertising and labeling as types of protected expression. At the same time, however, federal lawmakers are imposing ever more onerous restrictions on promotional activities and product labeling. The Authors discuss federal law relating to regulation of product labeling.

Not Just A Private Club: Self Regulatory Organizations As State Actors When Enforcing Federal Law, Richard L. Stone, Michael A. Perino

Faculty Publications

In the Securities Exchange Act of 1934, Congress enacted a comprehensive scheme for regulating the national securities markets. Pursuant to that scheme, the Securities and Exchange Commission was given ultimate authority to enforce the newly enacted securities laws against market participants. The Exchange Act also created a prominent enforcement role for national securities exchanges, like the New York Stock Exchange. Congress required these self-regulatory organizations as a condition for their continued operation to enforce, among other things, compliance by their members with the provisions of the Exchange Act and the rules and regulations promulgated thereunder. The SROs were also given …

Drafting Mediation Privileges: Lessons From The Civil Justice Reform Act, Michael A. Perino

Faculty Publications

Mediation confidentiality provisions or privileges are now prevalent throughout the United States. Forty-one states have enacted some form of mediation privilege. As part of the Administrative Dispute Resolution Act of 1990, Congress enacted legislation to protect confidentiality in mediations involving federal agencies. An additional source for such provisions is the Civil Justice Reform Act of 1990 (CJRA), which required each federal district court to implement a civil justice expense and delay reduction plan (Plan(s)) by the end of 1993. Those Plans seek to implement mechanisms designed to address causes of excessive expense and delay in the federal courts.

A number …

Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer

University of Richmond Law Review

The Emroch Lecture series was established through the generosity of the late Mr. Emanuel Emroch, his wife Bertha, and other family members and friends. Mr. Emroch held both undergraduate and law degrees from the University of Richmond. He was a distinguished civil trial practitionerin the City of Richmond for many years. Mr. Emroch was listed in Best Lawyers of America, was a Fellow of the International Academy of Trial Lawyers, and of the American College of Trial Lawyers, and was a charter member and past president of the Virginia Chapter of the American Board of Trial Advocates. He was also …

A Square Peg In A Vicious Circle: Stephen Breyer's Optimistic Prescription For The Regulatory Mess, Eric J. Gouvin

Faculty Scholarship

This Article reviews the book by Supreme Court Justice, Steven G. Breyer, "Breaking The Vicious Circle: Toward Effective Risk Regulation. " The Author discusses this book's most significant contribution that draws attention to the current regulatory regime's systemic problems, thereby encouraging serious discussion about how to "reinvent" the regulatory process. Breyer courageously points out that the political legitimacy of the process rests to some degree on the effectiveness of its product. This Review outlines the systemic problems and the "vicious circle" identified by Justice Breyer and then proceeds to review his proposed solution. The final part presents several criticisms of …

Epa's Problematic Enforcement Policy For The Rlra Section 3004(J) Storage Prohibition As Applied To Mixed Wastes: Edison Electric Institute V. Epa, George A. Voegele Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Broadcast Self-Regulation: The Nab Codes, Family Viewing Hour, And Television Violence, Mark M. Maccarthy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Reintegration Of Hong Kong Into The People's Republic Of China, John H. Henderson

Vanderbilt Journal of Transnational Law

On June 30, 1997, the United Kingdom will cede administrative control of Hong Kong to the People's Republic of China. Hong Kong achieved great prosperity under British rule, but the affect of China's influence on Hong Kong's future economic success is an issue of much concern as the 1997 transfer of sovereignty nears. This Note analyzes the transfer of sovereignty and what it will mean to Hong Kong's economic future. The author outlines the history of Hong Kong and discusses the British role in creating the prosperous colony. The author then analyzes the Joint Declaration, the document which governs the …

Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Cdna Sequences, Rebecca S. Eisenberg, Robert P. Merges

Articles

You have asked for our legal opinion on the patentability of inventions claimed in U.S. patent applications 07/716,831, filed June 21, 1991 (the '831 application, or .'831"), 07/837,195, filed September 25, 1992 ("'195"), and 07/952,911, filed February 12, 1993 (."911"), all filed in the name of Craig Venter and others and assigned to the National Institutes of Health "(NIH)." We understand that NIH has abandoned these patent applications and has no present intention of filing similar applications in the future, but that NIH remains interested in the patenting of human DNA sequences from a broader public policy perspective. We have …

On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier

Articles

Uniform standards are much favored among the makers of federal environmental policy in the United States, which is to say, among the members of Congress. By and large-judging at least from the legislation it has enacted-Congress expects the air and water eventually to meet the same minimum levels of quality in every state in the country, and expects each pollution source in any industrial category or subcategory to be controlled just as much as every other such source, notwithstanding the source's location or other peculiar characteristics. There are exceptions to these generalizations, but they are exceptions and not the rule.1 …

Participant Compensation In The Clinton Administration, Carl W. Tobias

Law Faculty Publications

A half-decade ago in the pages of this journal, I suggested that the Bush Administration, the federal administrative agencies, and Congress seriously consider revitalizing participant compensation. Participant compensation is the agency payment of expenses that members of the public incur when they are involved in administrative proceedings. Initiatives in the executive and legislative branches supported my recommendation that both branches revive this valuable mechanism for facilitating citizen participation in agency processes.

Much to my chagrin, the Bush Administration neither introduced legislation which would have specifically authorized participant compensation nor suggested that agencies rely on their implied authority to reimburse parties, …

That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff

Publications

No abstract provided.

An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace

Publications

No abstract provided.

Judicial Protection Of The Individual Against Administrative Actions In The United States And In Germany, Joerg Nikolaus Uhl

LLM Theses and Essays

From the Preamble of the U.S. Constitution which begins “We the people…,” the focus of the American legal system is clear. The individual and personal freedom are the primary concern for protection under U.S. law. Conversely, the German legal system places its focus on the preservation of the democratic system. This difference and the weight the U.S. places on separation of powers, whereas the executive and legislative branches are closely related in Germany, have combined to produce many differences between the U.S. and German political and legal systems. This paper analyzes these differences, especially with regards to administrative agencies and …

V.15-1, 1995 Masthead

California Regulatory Law Reporter

No abstract provided.

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.

Unfair Competition Act Enforcement By Agencies, Prosecutors, And Private Litigants: Who's On First?, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.

Office Of Administrative Law, S. Cola

California Regulatory Law Reporter

No abstract provided.

Bureau Of State Audits, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Commission On California State Government Organization And Economy (Little Hoover Commission), E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Department Of Consumer Affairs, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.