Administrative Law Commons^™

Blood On The Tracks, Thomas D. Russell

Seattle University Law Review

Streetcars were the greatest American tortfeasors of the early twentieth century, injuring approximately one in 331 urban Americans in 1907. This empirical study presents never-before-assembled data concerning litigation involving streetcar companies in California during the early twentieth century.

This Article demonstrates the methodological folly of relying upon appellate cases to describe the world of trial court litigation. Few cases went to trial. Plaintiffs lost about half their lawsuits. When plaintiffs did win, they won very little money. Regarding the bite taken out of the street railway company, the Superior Court was a flea.

Professor Gary Schwartz and Judge Richard Posner …

The Fall Of Fda Review, Daniel G. Aaron

Utah Law Faculty Scholarship

The U.S. Food and Drug Administration (FDA) is in crisis. FDA can hardly go a single day without an investigation, negative news story, or scholarly critique of the agency’s work. We have increasingly entrusted FDA—today, to the tune of 25% of the U.S. economy—with vetting the products we put in and on our bodies. But the array of problems facing the agency raises questions about whether it is equipped to succeed in the 21st century.

FDA’s core function is to oversee a special legal regime called “premarket review.” Congress has prohibited all marketing of certain types of products (like drugs) …

Outer Space Resource Extraction: The Regulation Of Commercial Space Actors, Katie Parnow

American University Law Review

Outer space resource extraction has become more feasible for the near future, with some companies already setting launch dates. The U.S. Commercial Space Launch Competitiveness Act of 2015 legalized resource extraction, but it did not resolve many challenges that resource extraction poses, such as safety risks while extracting; what, where, and how one can extract resources; and technology one can use. A patchwork of administrative agencies currently governs the regulatory field of outer space, and because it is such a novel procedure, it is unclear which administrative agency should assume regulatory authority over on-orbit resource extraction activities. Under a traditional …

A Legislative Call-To-Action: Applying Capture Theory To Combat The Risk Of Private Industry’S Excess Influence Over The Fda’S Regulation Of Livestock Antibiotics, Nathaniel Richey

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Cleansing Animus: The Path Through Arlington Heights, William Araiza

Faculty Scholarship

No abstract provided.

Judicial Deference To Agency Action Based On Ai, Cade Mallett

Catholic University Journal of Law and Technology

No abstract provided.

Making Sense Of “Commence” In The Clean Water Act’S Diligent Prosecution Bar, Isa Harrison

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Delta-Late: How The Contentious And Hazy Legal Status Of Delta-8 Thc Reveals Kentucky’S Need For Federal Regulatory Guidance, Georgiana Ledford

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Aclp - Updated Overview Of Iija Digital Equity Grant Programs - March 2023, New York Law School

Reports and Resources

No abstract provided.

Aclp - Updated Estimates Of State Bead Allocations - As Of January 2023, New York Law School

Reports and Resources

No abstract provided.

Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur

Seattle University Law Review

This Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies.

Promoting Corporate Diversity: The Uncertain Role Of Institutional Investors, Jill Fisch

Seattle University Law Review

Two developments are having an impact on corporate decisions. One is the increased engagement by institutional intermediaries and a shift in the focus of that engagement from corporate governance to environmental and social issues. The other is a heightened societal awareness of diversity, equity, and inclusion (DEI) issues, particularly the importance of diversity in corporate leadership. This Article considers the intersection between the two. It describes how institutional investors have focused their attention on increasing diversity in corporate leadership, the potential motivations for that focus, and the impact of that focus, to date. It highlights the tensions that result from …

America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody

Seattle University Law Review

This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …

Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson

Seattle University Law Review

Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.

Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen

Scholarly Articles in Law Reviews & Journals

The recent U.S. Supreme Court decision West Virginia v. EPA has cast a pall over the discretion of administrative agencies at a very inopportune time. The private sector is currently adopting new technologies at a rapid pace, and as regulated industries become more technologically complex, administrative agencies must innovate technological tools of their own in order to keep up. Agencies will increasingly struggle to do their jobs without that innovation, but the private sector is afforded something that is both critical to the innovation process, and often denied to administrative agencies: “permission to fail.” Without some grace for the inevitable …

Fda's Revolving Door: Reckoning And Reform, Laura Karas

Articles

Recent controversy over the FDA's approval of the Alzheimer's therapy Aduhelm (aducanumab) and the Duchenne muscular dystrophy therapy Exondys 51 (eteplirsen) called into question the impartiality and independence of high-level FDA regulators. Atypical associations between FDA regulators and pharmaceutical company sponsors, in addition to fierce internal disputes over the adequacy of the evidence, elicited criticism and triggered concern about potential undue influence at the FDA. The revolving door is one persistent source of undue influence that overshadows the discharge of FDA regulators' duties to the public. Exit from government to private-sector employment via the "revolving door" is a frequent occurrence …

Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent

Indiana Law Journal

No abstract provided.

On Fires, Floods, And Federalism, Andrew Hammond

UF Law Faculty Publications

In the United States, law condemns poor people to their fates in states. Where Americans live continues to dictate whether they can access cash, food, and medical assistance. What’s more, immigrants, territorial residents, and tribal members encounter deteriorated corners of the American welfare state. Nonetheless, despite repeated retrenchment efforts, this patchwork of programs has proven remarkably resilient. Yet, the ability of the United States to meet its people’s most basic needs now faces an unprecedented challenge: climate change. As extreme weather events like wildfires and hurricanes become more frequent and more intense, these climate-fueled disasters will displace and impoverish more …

Artificial Intelligence In Government: Risks And Challenges Of Algorithmic Governance In The Administrative State, Jose Vida Fernandez

Indiana Journal of Global Legal Studies

This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the …

The Contentious Issues Of Governance By Algorithms, Gilles J. Gugielmi

Indiana Journal of Global Legal Studies

The development of computerized tools that lead to decision-making processes which apply locally defined parameters poses many questions about democracy. These questions stem from our very conception of the state and its role, going beyond the boundaries of typical administrative law. According to a popular notion that permeates the practices of most executive branches in liberal political regimes, democratic concerns are now competing with managerial concerns. In order to analyze this idea, we must study the implementation of algorithms in administrative decision-making, underscoring both the changes to the characterization of administrative decisions and the questions raised about an administrative judicial …