The Democratization Of Energy,
2015
University of Cincinnati College of Law
The Democratization Of Energy, Joseph P. Tomain
Faculty Articles and Other Publications
The electricity industry is changing in dramatic ways.Most significantly, as demonstrated by the Obama Administration's Clean Power Plan, the country is witnessing the merger of energy and environmental regulation. Historically, energy regulation was driven by the need to produce more power for economic growth. By contrast, environmental regulation attended to the pollution of the environment. Production of energy depends upon the use of natural resources, and throughout the fuel cycle from extraction and transportation to the burning and disposal of those resources, the environment is directly affected. Most dramatically, greenhouse gas emissions present climate change challenges. In order to effectively …
Medicaid Planning For Long-Term Care: California Style,
2015
University of Idaho College of Law
Medicaid Planning For Long-Term Care: California Style, John A. Miller
Articles
No abstract provided.
Standing In The Wake Of Statutes,
2015
Florida State University College of Law
Standing In The Wake Of Statutes, Mark Seidenfeld, Allie Akre
Scholarly Publications
In Lujan v. Defenders of Wildlife, the Supreme Court held that when Congress creates a legal interest to see that the law is followed, the deprivation of that interest, without more, is insufficient to allow a plaintiff to meet Article III’s standing requirements. Lujan created significant uncertainty about Congress’s ability to influence judicial standing inquiries by creating statutory rights, especially in light of Justice Kennedy’s concurrence and the majority’s footnote seven. This Article argues that Kennedy’s concurrence and footnote seven are best explained by recognizing that Congress is institutionally superior to courts in evaluating the gravity of likely harms …
Executive Action On Immigration: Constitutional Or Direct Conflict?,
2015
Florida A&M University College of Law
Executive Action On Immigration: Constitutional Or Direct Conflict?, Todd Curtin
Florida A & M University Law Review
On November 20, 2014, the White House released a press statement notifying viewers that President Obama would do everything within his executive powers to solve the problems surrounding the immigration system. The White House made it clear that the President would be acting with legal authority in taking these steps. This paper addresses whether or not the Obama Administration did, in fact, act with legal authority by initiating the following steps using his executive authority: “cracking down on illegal immigration at the border; deporting felons, not families; and accountability through criminal background checks and taxes.” President Obama, acting through Secretary …
Disaggregated Classes,
2015
Barry University
It's Not Just The Effort That Counts: Conservation Endangerment For At-Risk Species,
2015
University at Buffalo School of Law
It's Not Just The Effort That Counts: Conservation Endangerment For At-Risk Species, Robert T. Caccese
Buffalo Environmental Law Journal
The listing determination factors nestled within Section 4 of the Endangered Species Act can be best described as the controversial heart and soul of the statute. Federal courts, charged with reviewing listing determinations, need specific criteria to provide better consistency and clarityfor the arbitrary and capricious judicial review standard In its current state, the standard has not been stated with any particularity, leaving adequacy to be based upon case-specific analysis by various federal judges regarding listing decisions of the U.S. Fish and Wildlife Service. Most crucial are contexts pertaining to conservation effort reliance. Federal agencies' increased reliance on agreements and …
You Didn't Even Notice! Elements Of Effective Online Privacy Policies,
2015
Fordham Law School
You Didn't Even Notice! Elements Of Effective Online Privacy Policies, Amanda Grannis
Fordham Urban Law Journal
No abstract provided.
Cleaning Up Jurisdiction: Divining Congressional Intent Of Clean Air Act Section 307(B),
2015
Barry University
Cleaning Up Jurisdiction: Divining Congressional Intent Of Clean Air Act Section 307(B), Kevin O. Leske
Faculty Scholarship
No abstract provided.
Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises,
2015
Barry University
Immigration Policy And The Rhetoric Of Reform: “Deport Felons, Not Families,” Moncrieffe V. Holder, Children At The Border, And Idle Promises, Terri R. Day, Leticia M. Diaz
Faculty Scholarship
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United State,
2015
Pace University School of Law
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Trade Secret Hacking, Online Data Breaches, And China’S Cyberthreats,
2015
Drake University Law School
Trade Secret Hacking, Online Data Breaches, And China’S Cyberthreats, Peter K. Yu
Cardozo Law Review de•novo
Taking advantage of the forum provided by this timely Symposium, this Article closely examines the ongoing debate on China’s sustained effort in using online hacking and other intrusive techniques to steal trade secrets and proprietary data from U.S. businesses. Part I outlines the five common narratives that have thus far been advanced to recount this widely criticized effort. Sensing the narratives’ negative overtones, Part II offers five modest suggestions on how a more positive debate can be constructed to help identify ways to reduce online hacking and data breaches as well as to enhance the protection of trade secrets and …
The Legitimacy Of Administrative Law,
2015
Fordham University School of Law
The Legitimacy Of Administrative Law, Jed H. Shugerman
Faculty Scholarship
Reviewing Daniel R. Ernst, Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940; Joanna Grisinger, The Unwieldy American State: Administrative Politics Since the New Deal; Philip Hamburger, Is Administrative Law Unlawful?; Jerry L. Mashaw, Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law; and Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940.
Patent Punting: How Fda And Antitrust Courts Undermine The Hatch-Waxman Act To Avoid Dealing With Patents,
2015
University of Michigan Law School
Patent Punting: How Fda And Antitrust Courts Undermine The Hatch-Waxman Act To Avoid Dealing With Patents, Rebecca S. Eisenberg, Daniel A. Crane
Michigan Telecommunications & Technology Law Review
Under the Hatch-Waxman Act, patent law and FDA regulation work together to determine the timing of generic entry in the market for drugs. But FDA has sought to avoid any responsibility for reading patents, insisting that its role in administering the patent provisions of the Hatch-Waxman Act is purely ministerial. This gap in regulatory oversight has allowed innovators to use irrelevant patents to defer generic competition. Meanwhile, patent litigation has set the stage for anticompetitive settlements rather than adjudication of the patent issues in the courts. As these settlements have provoked antitrust litigation, antitrust courts have proven no more willing …
Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy,
2015
University of Idaho College of Law
Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller
Articles
Medicaid is the need-based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs of nursing home care for middle-class seniors who have descended into poverty as a result of the high costs of such care. For married couples, Medicaid requires a “spend down” of both spouses’ assets before one spouse can qualify for Medicaid support. This Article posits that, unless the law is changed, divorce may well become standard Medicaid planning practice in many circumstances. This will be especially true for middle and upper-middle-class married …
Agency Publicity In The Internet Era,
2015
Southern Methodist University, Dedman School of Law
Agency Publicity In The Internet Era, Nathan Cortez
Faculty Journal Articles and Book Chapters
This Report, prepared for the Administrative Conference of the United States (ACUS), details how federal agencies use modern forms of publicity - including press releases, agency web sites, searchable online databases, and social media - to achieve regulatory ends. It evaluates the benefits and burdens of modern agency publicity practices, using three agencies as case studies: the Food and Drug Administration (FDA); the Federal Trade Commission (FTC); and the Consumer Financial Protection Bureau (CFPB). Part V recommends a series of largely procedural reforms that balance the need for public disclosure with the need to protect those potentially injured by adverse …
Sprung From Night Into The Sun: An Examination Of Colorado's Marijuana Regulatory Framework Since Legalization,
2015
Hoban & Feola, LLC
Sprung From Night Into The Sun: An Examination Of Colorado's Marijuana Regulatory Framework Since Legalization, Robert T. Hoban, Raushanah A. Patterson
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims,
2015
University at Buffalo School of Law (Student)
The Lack Of Deference To Medical Opinions In Adjudicating Social Security Disability Claims, Amrita Maharaj
Buffalo Law Review
No abstract provided.
King V. Burwell: What Does It Portend For Chevron's Domain?,
2015
Indiana University Maurer School of Law
King V. Burwell: What Does It Portend For Chevron's Domain?, Leandra Lederman, Joseph C. Dugan
Articles by Maurer Faculty
In King v. Burwell, the U.S. Supreme Court affirmed the Fourth Circuit’s decision, upholding regulations that extend the Premium Tax Credit (the Credit) to qualifying taxpayers who purchase health insurance on the Internet-based “Marketplace” operated by the federal Department of Health and Human Services (HHS), despite statutory language extending the subsidy to individuals who purchase through “an Exchange established by the State.” This was the second time in just three years that the Roberts Court engaged in what one critic called “linguistic acrobatics” that rescued President Obama’s signature healthcare law, the Affordable Care Act (ACA)—or, as Justice Scalia …
Reverse Nullification And Executive Discretion,
2015
Barry University
Reverse Nullification And Executive Discretion, Michael T. Morley
Faculty Scholarship
No abstract provided.
Can You Diagnose Me Now? A Proposal To Modify The Fda’S Regulation Of Smartphone Mobile Health Applications With A Pre-Market Notification And Application Database Program,
2015
Sidley Austin, LLP
Can You Diagnose Me Now? A Proposal To Modify The Fda’S Regulation Of Smartphone Mobile Health Applications With A Pre-Market Notification And Application Database Program, Stephen Mcinerney
University of Michigan Journal of Law Reform
Advances in mobile technology continually create new possibilities for the future of medical care. Yet these changes have also created concerns about patient safety. Under the Food, Drug, and Cosmetic Act, the Food and Drug Administration (FDA) has the authority to regulate a broad spectrum of products beyond traditional medical devices like stethoscopes or pacemakers. The regulatory question is not if the FDA has the statutory authority to regulate health-related software, but rather how it will exercise its regulatory authority. In September 2013, the FDA published Final Guidance on Mobile Medical Applications; in it, the Agency limited its oversight to …
