Board Of Pharmacy,
2024
University of San Diego
Board Of Pharmacy, Catherine Santos, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission,
2024
University of San Diego
Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade Da Silva, Wyatt Page, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
California State Athletic Commission,
2024
University of San Diego
California State Athletic Commission, Celeste Franco, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California,
2024
University of San Diego
Dental Board Of California, Shun Lam, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2024
University of San Diego
Department Of Insurance, Lisette Cruz, Alexander Cesta, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Board Of Barbering And Cosmetology,
2024
University of San Diego
Board Of Barbering And Cosmetology, Isaiah Artis, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health,
2024
University of San Diego
Department Of Managed Health, Zoe Bulls, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
The Ordinary Questions Doctrine,
2024
Vanderbilt University Law School
The Ordinary Questions Doctrine, Lisa S. Bressman
Vanderbilt Law School Faculty Publications
In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron as inconsistent with the Administrative Procedure Act ("APA"), which requires courts to decide "all relevant questions of law" and therefore prohibits them from deferring to agency interpretations because the relevant statutory language is ambiguous. A different approach now governs judicial review of the countless routine, often specialized questions of statutory interpretation that agencies answer in the normal course of implementing their statutes-the "ordinary" questions. But Loper Bright did not provide direction on how courts should determine which of these questions are questions of law. This issue arises because many, …
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978,
2024
Pittsburg State University
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
KNEA 50th Anniversary
In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.
University Of The District Of Columbia Law Review,
2024
University of the District of Columbia School of Law
University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review
University of the District of Columbia Law Review
No abstract provided.
Board Of Pharmacy,
2024
University of San Diego
Board Of Pharmacy, Anuska Lahiri, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Masthead,
2024
University of San Diego
State Bar Of California,
2024
University of San Diego
State Bar Of California, Katie Gonzalez, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
What Congress Needs To Break The Immigration Reform Stalemate,
2024
The Catholic University of America, Columbus School of Law
What Congress Needs To Break The Immigration Reform Stalemate, Maryam T. Stevenson
Catholic University Law Review
This article provides a policy proposal for an immigration reform package that could be successful in the modern-day Congress. It is the second article of a series that began with an analysis of why immigration reform has been unsuccessful over the past 30 years despite bipartisan support. That article argued that polarization combined with the framing of immigration by the media and political elites has caused the public to view immigration as a one-dimensional policy largely defined by border concerns, when in reality, it is a robust policy area that encompasses a number of various issues (i.e. family immigration, skilled …
Explaining The Comprehensive Immigration Reform Stalemate In Congress,
2024
The Catholic University of America, Columbus School of Law
Explaining The Comprehensive Immigration Reform Stalemate In Congress, Maryam T. Stevenson
Catholic University Law Review
Historically, congressional policy goals on immigration have vacillated from open to restrictive as various micro and macro level factors have changed both inside and outside the Beltway. While Congress has been subjected to some immigration lobbies over time, it has largely been isolated from a general public opinion on immigration policy until fairly recently. Specifically, while Congress was successful at passing a variety of immigration policies through 1990 without much regard to public opinion, it has since failed even amid bipartisan congressional and presidential support. This article will offer a number of theories in order to explain why Congress has …
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment,
2024
Fordham Law School
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme,
2024
Fordham Law School
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space,
2024
Fordham Law School
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
Empirically Assessing Medical Device Innovation,
2024
University of Minnesota Law School
Empirically Assessing Medical Device Innovation, George Horvath
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Major Questions Doctrine’S Domain,
2024
Brooklyn Law School
The Major Questions Doctrine’S Domain, Todd Phillips, Beau J. Baumann
Brooklyn Law Review
In West Virginia v. EPA, the Supreme Court elevated the major questions doctrine to new heights by reframing it as a substantive canon and clear statement rule rooted in the separation of powers. The academic response has missed two unanswered questions that will determine the extent of the doctrine’s domain. First, how will the Court apply the doctrine to a range of different regulatory schemes? The doctrine has so far only been applied to nationwide legislative rules that are both (1) economically or politically significant and (2) transformative. It is unclear whether the doctrine applies to alternative modes of regulation …
