Monthly Archives: April 2015

Some Thoughts on FCC Merger Review Occasioned by the Demise of the Comcast-Time Warner Cable Deal

by Daniel Deacon — Wednesday, Apr. 29, 2015

In non-net neutrality telecom news, last week saw the announcement that Comcast has ended its $45 billion bid for Time Warner Cable. The announcement came after government officials met with Comcast executives and expressed their opposition to the merger. For their part, FCC staff members were reportedly prepared to refer the merger to an FCC […]

A Chance to Clarify Standing, by Andy Hessick

by Guest Blogger — Tuesday, Apr. 28, 2015

On Monday, the Supreme Court granted certiorari in Spokeo, Inc. v. Robins to resolve a basic question of Article III standing: Does a person has standing to sue to seek redress for the violation of a right, even if he did not suffer any other injury from the rights violation? This is the second time […]

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The Senate’s Proposed King Fix is Flawed

by Nicholas Bagley — Tuesday, Apr. 28, 2015

If the government loses in King v. Burwell, Congress will come under intense pressure to restore insurance subsidies in the 34 states that refused to set up their own exchanges. Anticipating the tricky post-King politics, Senate Republicans appear to have coalesced around a bill crafted by Senator Johnson that would extend subsidies through 2017 to […]

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A Chance to Clarify Standing

by Andrew Hessick — Tuesday, Apr. 28, 2015@andyhessick

On Monday, the Supreme Court granted certiorari in Spokeo, Inc. v. Robins to resolve a basic question of Article III standing: Does a person has standing to sue to seek redress for the violation of a right, even if he did not suffer any other injury from the rights violation? This is the second time […]

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Strategies for International Drug and Vaccine Regulatory Coordination and Cooperation

by Sam Halabi — Tuesday, Apr. 28, 2015

My last several posts dealt with the complicated relationship between the Ebola outbreak in Guinea, Liberia, and Sierra Leone and the International Health Regulations that were adopted in 2005 (with an effective date in 2007) in order to address exactly such a threat. The overwhelming consensus is that they failed to effectively manage the outbreak […]

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The FCC’s Title II Reclassification: The Lawsuits Are Here!

by Daniel Deacon — Thursday, Apr. 23, 2015

Now that the FCC’s Open Internet/Title II Reclassification Order has finally arrived (along with the inevitable lawsuits), I thought I would do a brief addendum to my prior post on the various legal challenges confronting the FCC’s plan. (For Gus Hurwitz’s response to that post, and my reply, see here and here.) One thing my prior […]

Don’t You Dare Say “Death Tax”!

by Andy Grewal — Wednesday, Apr. 22, 2015

In a prior post, I discussed how I thought the use of the phrase “IRS Code,” as opposed to “Internal Revenue Code,” reflected some sloppiness on the part of the speaker, but that the phrasing was not inherently misleading. Here, I want to discuss whether another phrase that triples the blood pressure of the typical […]

Policy, Politics, and Administrative Law: The Obama Administration’s Deferred Action Program

by Connor N. Raso — Monday, Apr. 20, 2015

The Obama administration’s deferred action program for eligible undocumented immigrants has thrust an obscure issue into the spotlight: when must federal agencies allow the public to comment on their policy initiatives? In February, a federal judge issued a temporary injunction against the program largely on the grounds that the Department of Homeland Security’s (DHS) decision […]

Eleventh Circuit finds Tobacco Suits Preempted: Trouble for Future Public Health Regulations?

by Micah Berman — Sunday, Apr. 19, 2015

In a surprising ruling, a three-judge panel of the Eleventh Circuit ruled last week in Graham v. R.J. Reynolds Tobacco Company that strict liability claims and negligence claims in the long running Engle-progeny litigation are preempted by federal law. The decision, written by Judge Tjoflat, applied a broad reading of the implied preemption doctrine, concluding that […]

​Could New State Exchanges Qualify for Subsidies?

by Nicholas Bagley — Tuesday, Apr. 14, 2015

If the Supreme Court rules for the plaintiffs in King v. Burwell, the thirty-four states without their own exchanges will come under immense pressure to create them. But there’s a catch, one that so far has gone unmentioned in the debate over King. Could residents of the states with new state-based exchanges even qualify for […]

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