Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, 2010 UC Hastings College of the Law
Making Self-Regulation More Than Merely Symbolic: The Critical Role Of The Legal Environment, Jodi L. Short, Michael W. Toffel
Faculty Scholarship
No abstract provided.
The Supreme Court's Assault On Litigation: Why (And How) It Could Be Good For Health Law, 2010 Boston Univeristy School of Law
The Supreme Court's Assault On Litigation: Why (And How) It Could Be Good For Health Law, Abigail Moncrieff
Faculty Scholarship
In recent years, the Supreme Court has narrowed or eliminated private rights of action in many legal regimes, much to the chagrin of the legal academy. That trend has had a significant impact on health law; the Court’s decisions have eliminated the private enforcement mechanism for at least four important healthcare regimes: Medicaid, employer-sponsored insurance, and medical devices. In a similar trend outside the courts, state legislatures have capped noneconomic and punitive damages for medical malpractice litigation, weakening the tort system’s deterrent capacity in those states. This Article points out that the trend of eliminating private rights of action in …
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, 2010 Georgia State University College of Law
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah
Faculty Publications By Year
Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs. Moreover, many of the proposals to widen access …
The Role Of The Chief Executive In Domestic Administration, 2010 Columbia Law School
The Role Of The Chief Executive In Domestic Administration, Peter L. Strauss
Faculty Scholarship
Written for an international working paper conference on administrative law, this paper sets the Supreme Court's decision in Free Enterprise Fund v. Public Company Accounting Oversight Board in the context of general American concerns about the place of the President in domestic administration, a recurring theme in my writings.
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, 2009 Boston College Law School
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach
Daniel Kanstroom
No abstract provided.
Research Handbook On Public Choice And Public Law, 2009 Berkeley Law
Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber
Anne Joseph O'Connell
No abstract provided.
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, 2009 University of Miami School of Law
Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless
Rebecca Sharpless
The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, 2009 Lund University
Family-Related Issues In Social And Welfare Law. Legal Methods For Research On Children And Families, Titti Mattsson
Titti Mattsson
No abstract provided.
Becoming An Immigration Lawyer, 2009 Widener Law
Becoming An Immigration Lawyer, Jill Family
Jill E. Family
Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards, 2009 Selected Works
Federal Preemption, Regulatory Failure And The Race To The Bottom In Us Mortgage Lending Standards
Patricia A. McCoy
No abstract provided.
The Coming Fifth Amendment Challenge To Net Neutrality Regulation, 2009 Boston College Law School
The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons
Daniel Lyons
No abstract provided.
Pro Bono In Action: An Immigrant's Need For Representation, 2009 Widener Law
Pro Bono In Action: An Immigrant's Need For Representation, Jill E. Family
Jill E. Family
Should There Be Remote Public Access To Court Filings In Immigration Cases?, 2009 Boston College Law School
Should There Be Remote Public Access To Court Filings In Immigration Cases?, Daniel Kanstroom, David Mccraw, Eleanor Acer, Elizabeth Cronin, Mark Walters
Daniel Kanstroom
No abstract provided.
Law 00117 Administrative Law 3rd Edition, 2009 Southern Cross University
Law 00117 Administrative Law 3rd Edition, Anne Louise Schillmoller
Anne Schillmoller
Robin Creyke and John McMillan suggest that ‘the broad purpose of administrative law is to safeguard the rights and interests of people and corporations in their dealings with government agencies.’ Just as important, however, is the role played by administrative law in engendering sound decision-making and decision making processes. In this sense, administrative law is not just about placing controls on government action, nor safeguarding the rights of individuals in their dealings with the State, but it also provides the means by which good and accountable government administration is facilitated. The oversight of administrative action by courts and tribunals, together …
Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), 2009 Harvard Law School
Chevron's Sliding Scale In Wyeth V. Levine, 129 S. Ct. 1187 (2009), Gregory M. Dickinson
Gregory M Dickinson
In Wyeth v. Levine the Supreme Court once again failed to reconcile the interpretive presumption against preemption with the sometimes competing Chevron doctrine of deference to agencies' reasonable statutory interpretations. Rather than resolve the issue of which principle should govern where the two principles point toward opposite results, the Court continued its recent practice of applying both principles halfheartedly, carving exceptions, and giving neither its proper weight.
This analysis situates Wyeth within the larger framework of the Court's recent preemption decisions in an effort to explain the Court's hesitancy to resolve the conflict. The analysis concludes that the Court, motivated …
El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, 2009 Selected Works
El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, 2009 Widener Law
Procedural Due Process In Pennsylvania: How The Commonwealth Court Clarified An Ambiguous Concept, John L. Gedid
John L. Gedid
No abstract provided.
Regulação Cambial Entre A Ilegalidade E A Arbitrariedade: O Caso Da Compensação Privada De Créditos Internacionais, 2009 FGV Law School in Sao Paulo
Regulação Cambial Entre A Ilegalidade E A Arbitrariedade: O Caso Da Compensação Privada De Créditos Internacionais, Bruno Meyerhof Salama
Bruno Meyerhof Salama
Patent Reforms Must Focus On The U.S. Patent Office, 2009 Bi-Level Technologies
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.