Monthly Archives: July 2017

Attention AdLaw Practitioners: ACUS Is Hiring an Attorney Advisor!

by Chris Walker — Monday, July 24, 2017@chris_j_walker

From the ACUS website: ATTORNEY ADVISOR POSITION The Conference encourages lawyers who may be interested in serving as an attorney advisor to send a brief letter, accompanied by a resume and transcript (official or unofficial), expressing their interest and identifying the approximate date on which they would be available to start. The ideal candidate would […]

Arbitration can obscure safety problems in nursing homes

by Nicholas Bagley — Monday, July 24, 2017

This is the third post in a series on a proposed CMS rule that would eliminate an Obama-era ban on pre-dispute arbitration for nursing home residents. For the intro, see here. As I explored in my last post, the research suggests that malpractice law doesn’t much improve the quality of care in nursing homes. If that’s […]

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D.C. Circuit Review – Reviewed: Epigraphs

by Aaron Nielson — Friday, July 21, 2017@Aaron_L_Nielson

Judge Henderson of late has been adding epigraphs to her opinions. Last week she did it in Maze v. IRS: “No taxes can be devised which are not more or less inconvenient and unpleasant.” And this week she did it in Bellagio, LLC v. NLRB: In Vegas, everybody’s gotta watch everybody else. Since the players […]

The Future of Financial Regulation Just Got Much More Interesting

by Peter Conti-Brown — Tuesday, July 18, 2017

Last week brought news of two major appointments at the Fed: Mark Van Der Weide, a long-time lawyer in the Fed’s supervision and regulation division, will be the new general counsel, and Randy Quarles has been nominated (and is expected to be confirmed) as the first Vice Chair for Supervision and member of the Fed’s […]

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The Logical Outgrowth Doctrine and FDA’s Intended Use Revisions

by Patti Zettler — Tuesday, July 18, 2017@pzettler

Cross-Posted on Objective Intent In January FDA published a controversial revision to its regulations defining a product’s “intended use” that, among other things, has raised an interesting logical outgrowth question. “Intended use” is an important concept in FDA law because a product’s intended use—judged by the “objective intent of the persons legally responsible for the [product’s] labeling”—can […]

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If Trump Jr. Didn’t Know Campaign Finance Law, He Won’t Be Prosecuted

by Andy Grewal — Sunday, July 16, 2017

A controversy has recently erupted over a June 2016 meeting between some members of the Trump campaign team, including the President’s son, Donald Trump Jr., and at least one Russian citizen. The Trump campaign’s version of events has shifted several times, and new details continue to emerge. However, it appears that Trump Jr.’s desire to […]

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Agencies’ Responsibilities to Inform Congress: Two Perspectives, by Brian D. Feinstein

by Guest Blogger — Tuesday, July 11, 2017

That the executive branch must provide information to Congress is well-established. The Constitution obliges the President to “give to the Congress Information of the State of the Union.” Executive agencies are required by statute to submit over 4,000 reports to Congress annually. Congress’s committees hold hundreds of days of oversight hearings every year. But how […]

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Which Sovereign Merits Arbitrary & Capricious Deference in Clean Air Act Federalism Disputes?, by William Yeatman

by Guest Blogger — Tuesday, July 11, 2017

The Clean Air Act assigns certain fact-based judgments to the EPA, such as setting industry-wide New Source Performance Standards or Maximum Achievable Control Standards. And the Act assigns other such decisions to the states, subject to federal review, including case-by-case determinations of Best Available Control Technology and Best Available Retrofit Technology. This post seeks to […]