July 2015, Vol. 67, No. 4
Dru D. Stevenson & Nicholas J. Wagoner, Bargaining in the Shadow of Big Data
Marla Spector Bowman, Docs v. Glocks: Doctors, Guns, Discrimination, and Privacy – Is Anyone Winning?
Cole Barnett & Chris Weeg, Intervention in the Tax Court and the Appellate Review of Tax Court Procedural Decisions
Category Archives: Administrative Law
It is widely accepted that the powers of the federal government flow from the U.S. Constitution. Yet in practice, most federal power is exercised through administrative agencies, institutions not mentioned in the Constitution. Since the New Deal Era, administrative law—the … Continue reading
Ellen English, “Camels Agree with your Throat” and Other Lies: Why Graphic Warnings are Necessary to Prevent Consumer Deception
The government’s latest attempt to protect consumers from the perils of tobacco use is in jeopardy. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which requires cigarette advertisements and packages to bear nine new textual health warnings and gives the … Continue reading
Robert J. Pushaw, Jr., The Paradox of the Obamacare Decision: How Can the Federal Government have Limited Unlimited Power?
National Federation of Independent Business v. Sebelius, the Supreme Court’s decision upholding the landmark Patient Protection and Affordable Care Act (ACA or “Obamacare”), sets forth the most important judicial examination of constitutional power since the New Deal era. The political and media frenzy over … Continue reading
Financial regulation should be countercyclical, strengthening during speculative booms to contain excessive leverage and loosening following crises so as to not limit credit extension in hard times. And yet, financial regulation in fact tends to be procyclical, strengthening following crises and loosening during booms. … Continue reading
This Note will examine Florida’s Mark Wandall Traffic Safety Act, which authorizes the use of traffic infraction detectors (red-light cameras) to enforce traffic laws. Florida, like many other states, currently finds itself in the midst of a heated debate over … Continue reading
Nancy Leong, The Open Road and the Traffic Stop: Narratives and Counter-Narratives of the American Dream
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 … Continue reading