Separation Of Powers Restrictions On Judicial Rulemaking: A Case Study Of Federal Rule 4,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
2024
University of San Diego
California Board Of Accountancy, Yi Zhou, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2024
University of San Diego
Medical Board Of California, Steven Soldani, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
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,
2024
University of San Diego
Veterinary Medical Board, Caroline Bulger, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
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
(Synthetic) Stump Speech: Crafting Generative Ai Disclosure Regulations For Political Advertisements,
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,
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.
