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Separation Of Powers Restrictions On Judicial Rulemaking: A Case Study Of Federal Rule 4, Ralph U. Whitten 2024 University of Maine School of Law

Separation Of Powers Restrictions On Judicial Rulemaking: A Case Study Of Federal Rule 4, Ralph U. Whitten

Maine Law Review

Debates over the validity of Federal Rules of Civil Procedure have historically centered on the "substantive rights" restriction of the Rules Enabling Act of 1934. While Supreme Court decisions from Sibbach v. Wilson & Co. through Hanna v. Plumer and beyond have arguably deprived the restriction of any practical force, scholars have consistently favored a more rigorous interpretation of the directive that federal rules not "abridge, enlarge, or modify any substantive rights." Despite the historic impotence of the substantive rights restriction, discussions of the validity of the Federal Rules of Civil Procedure continue, even today, to center on the substantive …


The Public In Action: The Potential For Public Inquiries To Realize Deliberative Democracy A Case Study Of The Mass Casualty Commission, Grace Bryson 2024 Schulich School of Law, Dalhousie University

The Public In Action: The Potential For Public Inquiries To Realize Deliberative Democracy A Case Study Of The Mass Casualty Commission, Grace Bryson

Dalhousie Journal of Legal Studies

Public inquiries have the potential to promote deliberative democracy. However, the current structure and procedures employed in public inquiries do not promote this goal. Rather, the procedures are based in adversarial methods that do not align with the diverse functions of public inquiries. This paper addresses these procedural shortcomings and seeks to encourage more fulsome public participation. Using the Mass Casualty Commission in Nova Scotia as a case study, this paper proposes procedural changes that could enhance the role of the public in future inquiries to lead to transformative and beneficial policy change.


Stand-Ins: Causes And Consequences Of Temporary Leadership, Anne Joseph O’Connell 2024 Brigham Young University Law School

Stand-Ins: Causes And Consequences Of Temporary Leadership, Anne Joseph O’Connell

BYU Law Review

Hafen Lecture, BYU Law School, September 13, 2023.


The Lymphedema Treatment Act: Past, Present, And Future, Candace Alexander, Leigh Ann Foster, Susan Gordon, Runzun Shetye 2024 Baptist Health, Lexington KY

The Lymphedema Treatment Act: Past, Present, And Future, Candace Alexander, Leigh Ann Foster, Susan Gordon, Runzun Shetye

Oncology Rehabilitation in Practice

No abstract provided.


Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence 2024 University of Maine School of Law

Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence

Maine Law Review

Moral and ethical dilemmas are inherent in the legislative process. Representative democracy raises a fundamental ethical conflict for lawmakers: choosing between representing constituent views or following personal convictions. Recent moral crises of elected officials have demonstrated the complex, diverse, and problematic nature of political ethics, yet the belief that these guardians of the public trust must successfully distinguish among the subtle distinctions of political ethics remains an integral tenet of American political thought. One of the most perplexing moral dilemmas a legislator faces is deciding what degree of influence can be exerted on an administrative agency to obtain a result …


Looking Through Trusts, Adam S. Hofri, Mark Bennett 2024 Allard School of Law, University of British Columbia

Looking Through Trusts, Adam S. Hofri, Mark Bennett

Osgoode Hall Law Journal

As everyone knows, trusts are often used to avoid or subvert different rules of law. To combat such avoidance, jurisdictions enacted anti-avoidance rules; yet many of these rules do not fully prevent trusts-based avoidance, or in some cases reflect some jurisdictions’ acceptance of such avoidance. We review the anti-avoidance rules applied by Canada, the US, the UK, Australia and New Zealand to try and stymie trusts-based avoidance in three subject areas: distribution of family property on divorce or separation, taxation of income accrued in settlor-controlled trusts, and means-tested eligibility for welfare benefits. We find that anti-avoidance doctrines are often less …


The False Choice Between Digital Regulation And Innovation, Anu Bradford 2024 Northwestern Pritzker School of Law

The False Choice Between Digital Regulation And Innovation, Anu Bradford

Northwestern University Law Review

This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …


Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman 2024 University of San Diego

Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman 2024 University of San Diego

Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Contractors State License Board, Grant Marcketta, Marcus Friedman 2024 University of San Diego

Contractors State License Board, Grant Marcketta, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman 2024 University of San Diego

Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Yi Zhou, Marcus Friedman 2024 University of San Diego

California Board Of Accountancy, Yi Zhou, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Steven Soldani, Marcus Friedman 2024 University of San Diego

Medical Board Of California, Steven Soldani, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman 2024 University of San Diego

State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Caroline Bulger, Marcus Friedman 2024 University of San Diego

Veterinary Medical Board, Caroline Bulger, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Julia Thompson, Marcus Friedman 2024 University of San Diego

Board Of Registered Nursing, Julia Thompson, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Key, 2024 University of San Diego

Key

California Regulatory Law Reporter

No abstract provided.


(Synthetic) Stump Speech: Crafting Generative Ai Disclosure Regulations For Political Advertisements, Alex Paget 2024 Fordham University School of Law

(Synthetic) Stump Speech: Crafting Generative Ai Disclosure Regulations For Political Advertisements, Alex Paget

Fordham Law Review

Synthetic media, or content generated using artificial intelligence, has begun to infect political advertising. Federal legislation has spent most of its time stalled in committees, but states and online platforms have rapidly implemented regulations. Although synthetic media may pose harms through voter manipulation and democratic distortion, it also can lower campaign costs and more vividly illustrate conceptions of a political choice’s consequences. Some governments and commentators have sought to prohibit the most harmful forms, while others have focused more on transparent approaches to regulation. In the face of yet another contentious election cycle, the question of how to ensure choices …


Board Of Pharmacy, Catherine Santos, Marcus Friedman 2024 University of San Diego

Board Of Pharmacy, Catherine Santos, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Francesca Nevil, Flávia Martini Andrade da Silva, Wyatt Page, Marcus Friedman 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.


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