Monthly Archives: September 2015

Who Regulates the Robots?

by Margot Kaminski — Tuesday, Sept. 29, 2015

In “Who Regulates the Robots?” I’ve written up Woody Hartzog’s article Unfair and Deceptive Robots over on JOTWELL: “When the law faces a new technology, a basic question is who governs it, with what regulatory mandates, and with what rules? Technological development disrupts regulatory schemes. Take, for example, the challenges the Federal Aviation Administration (FAA) […]

D.C. Circuit Review – Reviewed: Chief Justice Roberts and Administrative Law

by Aaron Nielson — Sunday, Sept. 27, 2015@Aaron_L_Nielson

The D.C. Circuit issued no opinions this week. Instead, it got rid of one. In particular, the court vacated its (latest) judgment in the long-running Al Bahlul v. United States saga and set the case for (another round) of en banc consideration. The court’s vacatur order provides a good opportunity to discuss Chief Justice Roberts and […]

Administrative Law from the Inside Out: A Conference on Themes in the Work of Jerry Mashaw, Oct. 2 & 3 at Yale Law School

by Guest Blogger — Saturday, Sept. 26, 2015

Yale Law School Friday, Oct. 2, and Saturday, Oct. 3, 2015 Supported by the Oscar M. Ruebhausen Fund All events are in YLS Room 129 unless otherwise noted. Panels open to the public. To attend lunch on Friday and/or Saturday of the conference, RSVP by Friday, September 24, to Friday 12:30-1:30 – Lunch (YLS […]

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Disclosing the Tax Loopholes in the Iran Deal

by Andy Grewal — Thursday, Sept. 24, 2015

This week, Congressman Paul Ryan sent a letter to President Obama expressing concern that the nuclear deal with Iran would include special tax breaks for that country. The letter asks for a commitment to not extend such tax breaks during the remainder of the President’s term. Generally, under Section 901 of the tax code, U.S. […]

An immediate appeal in House v. Burwell?

by Nicholas Bagley — Tuesday, Sept. 22, 2015

The Obama administration has filed a motion in House v. Burwell asking the district court for permission to take an immediate appeal of its decision allowing the case to proceed. Among other things, the administration argues that allowing the House to sue over an alleged violation of the Appropriations Clause is “a momentous step” that […]

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Pushing back on exorbitant drug prices

by Nicholas Bagley — Monday, Sept. 21, 2015

The Center for American Progress has released a report that includes an arresting suggestion for controlling the prices of prescription drugs. Under the Bayh-Dole Act, in certain circumstances, the federal government may exercise its “march-in rights” to license patents that resulted from federally funded research but that are now owned by drug companies. These rights […]

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D.C. Circuit Review – Reviewed: Lawyers, Guns, and Money

by Aaron Nielson — Saturday, Sept. 19, 2015@Aaron_L_Nielson

The late, great Warren Zevon penned a lot of extraordinary songs. His most famous, of course, is Werewolves of London.* My favorite is Mohammed’s Radio (trust me, it stays in your head), though Frank and Jesse James and Mama Couldn’t Be Persuaded are also striking. Mutineer too is great, though I prefer this cover. I mention Warren […]

The Healthy, Hunger Free Kids Act: Another Cautionary Tale, by Lynn White

by Guest Blogger — Friday, Sept. 18, 2015

First Lady Michelle Obama made healthy school lunches a signature part of her “Let’s Move” initiative to promote health and wellness and combat obesity among America’s youth. The First Lady and Administration championed the passage of the Healthy, Hunger Free Kids Act, which created several new Federal mandates for school lunch programs, including requiring schools […]

“Substantial Equivalence”: Massive Backlog at the FDA Center for Tobacco Products

by Micah Berman — Wednesday, Sept. 16, 2015

The key compromise at the heart of the 2009 Tobacco Control Act was this: Tobacco products that were already on the market would be “grandfathered,” but any new tobacco products would have to undergo premarket review and demonstrate that allowing them to be sold would be “appropriate for the protection of public health”—a tough standard […]