I’M Not Lovin’ It: Re-Thinking Fast Food Advertising,
2024
Saint Louis University School of Law
I’M Not Lovin’ It: Re-Thinking Fast Food Advertising, Brody Shea, Michael S. Sinha
All Faculty Scholarship
In 1971, the Federal Trade Commission (“FTC”) and the Food and Drug Administration (“FDA”) agreed to prevent injury and deception to the consumer in advertising, detailing their respective roles in a Memorandum of Understanding (“MOU”).1 The MOU proscribes that the FTC regulates truth in advertising relating to foods, drugs, devices and cosmetics while the FDA controls labeling and the misbranding of foods, drugs, devices, and cosmetics shipped in interstate commerce.2 The MOU has been amended and an addendum added since 1971, but the material provisions have remained consistent for over a half-century.3
Importantly, the FDA and the …
The Administrative State And Artificial Intelligence: Toward An Internal Law Of Administrative Algorithms,
2024
University of California, Irvine School of Law
The Administrative State And Artificial Intelligence: Toward An Internal Law Of Administrative Algorithms, Amit Haim
UC Irvine Law Review
The administrative state is gradually embracing artificial intelligence (AI) algorithms. The advent of the so-called automated state has raised concerns over accountability, transparency, and fairness and engendered proposals for legal regulation. Yet the notion that algorithms are not merely technical instruments but encode social behavior embedded in a bureaucratic context has largely been missing from the discourse. This Article identifies algorithms as sociotechnical systems embedded in an organizational context, which can function as bureaucratic governance instruments. It argues that external legal institutions, whether legislative endeavors or judicial review, lack the capacity, insight, and perspective to achieve meaningful accountability in reviewing …
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology,
2024
Virginia Commonwealth University
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain
West Virginia Law Review
The emergence of blockchain technology has transformed the financial landscape in many ways. From creating new cryptocurrencies to facilitating decentralized exchanges and smart contracts, blockchain has the potential to disrupt traditional financial institutions and reshape the way we conduct business. However, the adoption of blockchain technology has also raised concerns about its potential risks and challenges, such as its susceptibility to fraud, market manipulation, and money laundering. These concerns have led to calls for regulating blockchain technology to mitigate these risks and ensure the integrity and stability of financial markets. Recent collapses in the crypto market caused by the bankruptcy …
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System,
2024
United States Military Academy at West Point
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea
West Virginia Law Review
The veterans’ benefits system often describes itself as non-adversarial, meaning that the government is supposed to work with the claimant to provide them all benefits they are entitled to, rather than fighting to minimize what they receive. True enough, there are many unique features of the system that help veterans. But many of these features do not work as intended, and rules have developed at all stages that make it harder for veterans to recover. Moreover, as with any human institution, staff fall short, offices get overwhelmed, and gross delays pile up. This Article surveys the numerous ways that the …
Jarkesy V. Sec: Are Federal Courts Pushing The U.S. Toward The Next Financial Crisis?,
2024
Pepperdine University
Jarkesy V. Sec: Are Federal Courts Pushing The U.S. Toward The Next Financial Crisis?, Jennifer Hill
Pepperdine Law Review
In the wake of both the Great Depression and the Financial Crisis of 2008, Congress established and expanded the powers of the Securities and Exchange Commission (SEC). As part of this expansion, the SEC in-house administrative proceedings, designed to adjudicate SEC violations before the SEC’s administrative law judges (ALJs), were born. These in-house proceedings have faced multiple constitutional attacks in the past decade. In the most recent iteration of such challenges, Jarkesy v. SEC, the Fifth Circuit held that the SEC’s in-house proceedings were unconstitutional on three grounds: (1) the in-house proceedings deprived petitioners of their constitutional right to jury …
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement,
2024
Villanova University Charles Widger School of Law
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act,
2024
Villanova University Charles Widger School of Law
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Villanova Environmental Law Journal
No abstract provided.
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul,
2024
Villanova University Charles Widger School of Law
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson
Villanova Environmental Law Journal
No abstract provided.
Arizona V. Navajo Nation,
2024
University of Montana, Alexander Blewett III School of Law
Arizona V. Navajo Nation, Sarah K. Yarlott
Public Land & Resources Law Review
Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.
Sackett V. Environmental Protection Agency,
2024
University of Montana, Alexander Blewett III School of Law
Sackett V. Environmental Protection Agency, Meridian Wappett
Public Land & Resources Law Review
In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation,
2024
Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Race, Peremptory Challenges, And State Courts: A Blueprint For Change,
2024
Chicago-Kent College of Law
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Chicago-Kent Law Review
No abstract provided.
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections,
2024
Chicago-Kent College of Law
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases,
2024
Chicago-Kent College of Law
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco,
2024
Chicago-Kent College of Law
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch
Chicago-Kent Law Review
No abstract provided.
The Hybridization Of Lay Courts: From Colombia To England And Wales,
2024
Chicago-Kent College of Law
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
Chicago-Kent Law Review
No abstract provided.
Lay Participation Reform In China: Opportunities And Challenges,
2024
Chicago-Kent College of Law
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Chicago-Kent Law Review
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice,
2024
Chicago-Kent College of Law
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
Democratic Erosion And The United States Supreme Court,
2024
Syracuse University School of Law
Democratic Erosion And The United States Supreme Court, Jenny Breen
Utah Law Review
For many decades, confidence in American institutions and political culture consistently led scholars to sideline questions about “regime change” in the United States. And for many years, that approach seemed justified. Democratic institutions were firmly rooted and stable, and American voters participated in free and fair elections that resulted in the peaceful transfer of power between parties and candidates. Then came the campaign of Donald Trump and all that has followed since, including open challenges to the most basic and fundamental democratic norms. These changes have led many voters, commentators, and scholars to ask: Is democracy eroding in the United …
Resolving Administrative Contract Disputes Through Other Methods In Accordance With Saudi Law,
2024
Adviser to the Egyptian State Lawsuits Authority Assistant Professor of Public Law, Institute of Public Administration, Riyadh- Saudi Arabia
Resolving Administrative Contract Disputes Through Other Methods In Accordance With Saudi Law, Mahmoud Ahmed Hamdi Abdalwahed Dr.
UAEU Law Journal
This research deals with ways of resolving administrative contract disputes by other than the judicial path in the Kingdom of Saudi Arabia, whether through the administrative way or through arbitration.
It shows the importance of this research from the scientific point of view; In that it deals with this topic in light of the recent provisions and procedures dealt with by the new Governmental Competition and Procurement Law in this regard, and the fact that it has not been previously discussed, which made it an idea worthy of study.
Its importance as reflected in practical terms that it contains the …
