The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform,
2012
Pepperdine University
The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner
Pepperdine Law Review
No abstract provided.
Knowledge In The People: Rethinking "Value" In Public Rulemaking Participation,
2012
Cornell Law School
Knowledge In The People: Rethinking "Value" In Public Rulemaking Participation, Cynthia R. Farina, Dmitry Epstein, Josiah Heidt, Mary J. Newhart
Cornell e-Rulemaking Initiative Publications
A companion piece to Rulemaking vs. Democracy: Judging and Nudging Public Participation that Counts, this Essay continues to examine the nature and value of broader public participation in rulemaking. Here, we argue that rulemaking is a “community of practice,” with distinctive forms of argumentation and methods of reasoning that both reflect and embody craft knowledge. Rulemaking newcomers are outside this community of practice: Even when they are reasonably informed about the legal and policy aspects of the agency’s proposal, their participation differs in kind and form from that of sophisticated commenters. From observing the actual behavior of rulemaking newcomers …
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform,
2012
Pepperdine University
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
Pepperdine Law Review
No abstract provided.
Technology Transfer Laws Governing Federally Funded Research And Development,
2012
Pepperdine University
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Pepperdine Law Review
No abstract provided.
Natural Resource Damages Under Cercla: The Emerging Champion Of Environmental Enforcement ,
2012
Pepperdine University
Natural Resource Damages Under Cercla: The Emerging Champion Of Environmental Enforcement , Patrick Thomas Michael Iii
Pepperdine Law Review
No abstract provided.
American University
Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan Stroud
Scholarly Articles in Law Reviews & Journals
Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution ,
2012
Pepperdine University
"You May Have Already Won. . .": Telemarketing Fraud And The Need For A Federal Legislative Solution , Patrick E. Michela
Pepperdine Law Review
No abstract provided.
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?,
2012
University of New Mexico
Water Rights Management In New Mexico And Along The Middle Rio Grande: Is Awrm Sufficient?, Carol Romero-Wirth, Susan Kelly
Publications
No abstract provided.
Notice-And-Comment Sentencing,
2012
Benjamin N. Cardozo School of Law
Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas
Articles
The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.
Notice-And-Comment Sentencing,
2012
Benjamin N. Cardozo School of Law
Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas
Articles
No abstract provided.
Administrative Law,
2012
University of Richmond School of Law
Administrative Law, John Paul Jones, Afsana Chowdhury
University of Richmond Law Review
What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform,
2012
Vanderbilt University Law School
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon,
2012
Pepperdine University
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone
Pepperdine Law Review
No abstract provided.
The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?,
2012
Pepperdine University
The Fda Sends Smoke Signals To Big Tobacco: Will The Fda Suffer Backlash, Will Alcohol Be Regulated Next, And Will The Health Of Americans Prevail?, Angela Turriciano
Pepperdine Law Review
No abstract provided.
Administrative Replacements: How Much Can They Do?,
2012
Pepperdine University
Administrative Replacements: How Much Can They Do?, Laurie L. Levenson
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999,
2012
Pepperdine University
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power ,
2012
Pepperdine University
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?,
2012
Georgetown University Law Center
Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard
Georgetown Law Faculty Publications and Other Works
Despite the imposition of increasingly substantial fines and recently successful efforts to impose individual liability on corporate executives under the Park doctrine, punishing pharmaceutical companies and their executives for unlawful promotional activities has not been as successful in achieving compliance with the Federal Food, Drug, and Cosmetic Act (FD&C Act) as the protection of the public health demands. Over the past decade, the Food and Drug Administration (FDA) and the Department of Justice (DOJ) have shifted their focus from correction and compliance to a more punitive model when it comes to allegedly unlawful promotion of pharmaceuticals. The shift initially focused …
The Open Road And The Traffic Stop: Narratives And Counter-Narratives Of The American Dream,
2012
University of Denver Sturm College of Law
The Open Road And The Traffic Stop: Narratives And Counter-Narratives Of The American Dream, Nancy Leong
Florida Law Review
American culture is steeped in the mythology of the open road. In our collective imagination, the road represents freedom, escape, friendship, romance, and above all, the possibility for a better life. But our shared dream of the open road comes to a halt in the mundane reality of the traffic stop—a judicially authorized policing procedure in which an officer may pull over a vehicle if she has cause to believe the driver has committed even the most minor traffic violation. I examine the cultural texts—books, movies, songs—celebrating the open road and juxtapose them against those documenting the traffic stop. The …
Cityland – Vol. 9, No. 8,
2012
New York Law School
Cityland – Vol. 9, No. 8, Center For New York City Law
CityLand - 2012
This issue of CityLand covers major land use and preservation developments in New York City as of October 2012. The City Council approved rezoning proposals for mixed-use and residential developments in South Williamsburg and Bedford-Stuyvesant North, and considered a 90-block rezoning in West Harlem. Landmarks approved a revised plan to restore Harlem’s Corn Exchange Building and held a public hearing on the Rainbow Room’s interior landmark designation. A multi-rowhouse restoration and construction plan in Cobble Hill was reviewed, and a nine-story development adjacent to the Merchant’s House Museum raised concerns about structural impacts. A proposed rooftop addition in SoHo was …
