Legislation Commons^™

Regulatory De-Arbitrage In Twenty-First Century Cures Act's Health Information Regulation, Craig Konnoth

Publications

Health data regulation can be thought of at two levels. First, the micro- level of regulation has to do with Electronic Health Records (EHRs). Second, the macro-level concerns the networks on which EHRs are transmitted. The micro- and macro-levels of regulation interact. For example, EHRs need to be configured so that they can be transmitted on mandated networks. As a result, the lines do sometimes blur.

That said, the 21st Century Cures Act (Cures) clearly takes a dual approach to regulation. Cures was passed in December 2016 on a bipartisan basis. Its mandate was to address health data regulation at …

Experiments With Suppression: The Evolution Of Repressive Legality In Britain In The Revolutionary Period, Christopher M. Roberts

Loyola of Los Angeles International and Comparative Law Review

This article is concerned with the structure of repressive governance, and how it has evolved historically. It examines this theme through an exploration of the manner which repressive laws and institutions evolved in Britain over the course of the late eighteenth century. In particular, it reviews the various measures that British authorities utilized and relied upon in order to confront a growing wave of calls for social and political reforms. These included a policy of aggressive prosecutions of dissidents; the creation of new institutions such as the Home Office designed to enhance the powers of the central authorities; extralegal measures …

Say “No” To Discrimination, “Yes” To Accommodation: Why States Should Prohibit Discrimination Of Workers Who Use Cannabis For Medical Purposes, Anne Marie Lofaso, Lakyn D. Cecil

Seattle University Law Review

This Article addresses the question of how the law should treat medical cannabis in the employment context. Using Colorado as a primary example, we argue that states such as Colorado should amend their constitutions and legislate to provide employment protections for employees who are registered medical cannabis cardholders or registered caregivers.

Part I briefly traces the legal regulation of cannabis from an unregulated medicine known as cannabis to a highly regulated illicit substance known as marijuana under the Controlled Substances Act. Our travail through this history reveals, unsurprisingly, an increasing demonization of cannabis throughout the twentieth century. That socio-legal demonization …

A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming

Seattle University Law Review

This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …

Thin Separability: An Answer To Star Athletica, Angelo Marchesini

Seattle University Law Review

Courts have consistently struggled to adopt a test that appropriately interprets the Copyright Act’s language protecting works of art incorporated into useful articles. The analysis that allows protections of these works of art is called “separability,” and it has been an ambiguous area of copyright law since its inception. In essence, this analysis gives copyright protection to a work of art incorporated into a useful article as long as the work of art is “separate” from the utilitarian aspects of the useful article. The Supreme Court was positioned to end the uncertainty surrounding the separability analysis in its recent decision, …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.

St. Mary's Law Journal

Abstract forthcoming

Delegating Or Divesting?, Philip A. Hamburger

Faculty Scholarship

A gratifying feature of recent scholarship on administrative power is the resurgence of interest in the Founding. Even the defenders of administrative power hark back to the Constitution’s early history – most frequently to justify delegations of legislative power. But the past offers cold comfort for such delegation.

A case in point is Delegation at the Founding by Professors Julian Davis Mortenson and Nicholas Bagley. Not content to defend the Supreme Court’s current nondelegation doctrine, the article employs history to challenge the doctrine – arguing that the Constitution does not limit Congress’s delegation of legislative power. But the article’s most …

Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus

Faculty Scholarship

For seventy years, Puerto Ricans have been bitterly divided over how to decolonize the island, a U.S. territory. Many favor Puerto Rico’s admission into statehood. But many others support a different kind of relationship with the United States: they believe that in 1952, Puerto Rico entered into a “compact” with the United States that transformed it from a territory into a “commonwealth,” and they insist that “commonwealth” status made Puerto Rico a separate sovereign in permanent union with the United States. Statehood supporters argue that there is no compact, nor should there be: it is neither constitutionally possible, nor desirable …

Legitimate Interpretation – Or Legitimate Adjudication?, Thomas W. Merrill

Faculty Scholarship

Current debate about the legitimacy of lawmaking by courts focuses on what constitutes legitimate interpretation. The debate has reached an impasse in that originalism and textualism appear to have the stronger case as a matter of theory while living constitutionalism and dynamic interpretation provide much account of actual practice. This Article argues that if we refocus the debate by asking what constitutes legitimate adjudication, as determined by the social practice of the parties and their lawyers who take part in adjudication, it is possible to develop an account of legitimacy that produces a much better fit between theory and practice. …

Cares Act Gimmicks How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Scholarly Works

The coronavirus pandemic upturned Americans’ lives. Within the first few weeks, millions of Americans reported being laid off from their jobs. Other people were working reduced hours or were working remotely from home. Children’s daycares and schools closed, and parents were thrown into new roles as educators and full-time babysitters, while, in some instances, also continuing to work full-time jobs. The profound financial effects caused by even a few weeks of the coronavirus’ upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses.

For individuals, the CARES Act includes five provisions that …

A Looming Pilot Shortage: It Is Time To Revisit Regulations, Christopher L. Caraway

International Journal of Aviation, Aeronautics, and Aerospace

Forecasts predict we will need 790,000 pilots by 2037. This prediction means airlines will need to increase pilot levels by 267%. Finding a solution to this pilot shortage requires the aviation community to address limiting regulatory and other core factors. Many have claimed that 1,500-hour rule and mandatory retirements are critical issues contributing to the pilot shortage. However, the data does not support these claims. Instead, trends in pilot population levels and safety records indicate these regulations are only effecting the demographics of the current pilot population. The shift in the pilot population will harm future airline operations if the …

An Evaluation Of The Operational Restrictions Imposed To Congonhas Airport By Civil Aviation Instruction121-1013, Glanski Pacheco, Jr., Marcus Camargo, Leila Halawi

International Journal of Aviation, Aeronautics, and Aerospace

Due to aircraft accidents, in 2008, operational restrictions were imposed on Congonhas airport by IAC 121-1013. These restrictions sought to create a balance between flight safety and operational efficiency. The purpose of this research was to investigate the results of the operational restrictions. The researchers calculated the landing performance (using specific software), taking into account particular aircraft system failures that increase landing distance. The results indicated that the measures imposed by the IAC have little or no effect on operational safety. Additionally, the restrictions created operational complexity for the airport and reduced its efficiency by impacting airline costs. Finally, the …

Introduction To The Research Handbook On Intellectual Property And Technology Transfer, Jacob H. Rooksby

Law Faculty Publications

University researchers help improve lives by solving problems that impact health, happiness, and societal wellbeing. Universities harness the power of faculty innovations and disseminate them to the public, using intellectual property to create protections and provide rewards. This process of technology transfer has been vibrant in US universities since at least the Second World War and has grown in importance everywhere since then. The Bayh-Dole Act of 1980 helped spark formalized attention to technology transfer in the US and has inspired similar legislation in countries across the globe. ...

Masthead

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Dental Board Of California, Katie Abajian, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Angela O’Hara, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Stephanie Mendivil, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Contractors’ State License Board, Mariela Romo, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Board Of Registered Nursing, Shana Sobel, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Thomas Burke, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Madeline Rojer, Alaina Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Committee Of Bar Examiners, Halie Turigliatti, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Mikaila Hernández, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

California Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Business Oversight, James D. Colleran, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.