[CJW Note: My coauthor Jim Saywell, who is now clerking for Judge McKeague on the Sixth Circuit and will be clerking for Judge Sutton next year, previously published a terrific short essay on this case (available here). Now that the Court has decided the case against Jim’s position, I invited him to pen this short follow-up.] The Supreme Court last […]
The United States Patent and Trademark Office (“USPTO”) seeks input from the public to provide guidance regarding enhancing patent quality. The USPTO is making efforts to improve patent operations and procedures to provide the best work products, to enhancecustomer experience, and to improve existing quality metrics. Thus, the USPTO is introducing a comprehensive and enhanced […]
On February 3, 2015, the U.S. Department of Labor (DOL) issued a Request for Information (RFI) on “how the Department can increase the effectiveness of its significant regulations while minimizing the burden on regulated entities.” The RFI is a continuation of the agency’s efforts to comply with President Obama’s Executive Order 13563, which requires agencies […]
1. Where do you attend law school and what led you to law school? I am a second year student at Case Western Reserve University School of Law in Cleveland, OH and hold a Master’s in Applied Medical Ethics from Arizona State University. I became interested in law while researching issues in public health ethics. […]
The United States Department of Agriculture’s (“USDA’s”) Animal and Plant Health Inspection Service (“APHIS”) issued proposed changes to regulations regarding facilities that receive livestock moved in interstate commerce. This proposed rule includes several amendments to the conditions under which livestock may move to such facilities without official identification. The goal is to update rules specifically […]
The Department of Veterans Affairs (“VA”) seeks comment on a proposed rule regarding service animals on VA grounds. At present, VA facility heads or designees have the discretion to approve or bar the presence of service animals on VA property. In contrast, federal law, specifically the Americans with Disabilities Act (“ADA”), more broadly permits guide […]
William Jay, a partner at Goodwin Procter LLP, was recently a featured speaker in the Section’s Supreme Court Series Teleconference entitled Perez v. Mortgage Bankers Association: The Supreme Court Considers the Limits on Notice-and-Comment Rulemaking Requirements. Notice and Comment had the opportunity to sit down with the Law360 2014 Rising Star and hear about his […]
Meet Nina Mendelson, the Joseph L. Sax Collegiate Professor of Law at the University of Michigan Law School. Below, Prof. Mendelson discusses her diverse experiences with administrative law, and shares her thoughts about challenges facing both attorneys and agencies. 1. What led you to a career in law? How did you become interested in studying […]
The National Science Foundation (“NSF”) seeks input on the proposed collection of information for a “Large Facilities Manual.” The NSF intends to administer this information collection for a period of three years. The NSF’s mission and purpose is “To promote the progress of science; to advance the national health, prosperity, and welfare; to secure the […]
The Employment and Training Administration (“ETA”) of the U.S. Department of Labor (“Department”), proposed a controversial new rule for the Federal-State Unemployment Compensation Program. The purpose of the proposed regulation (§ 620.1) is to implement section 303(l)(A)(ii), Social Security Act (“SSA”), permitting the drug testing of Unemployment Compensation (“UC”) applicants for the use of controlled […]
The Department of Justice (“DOJ”) seeks comment on a notice of proposed rulemaking (NPRM) to amend Title III of the Americans with Disabilities Act of 1990 (“ADA”) with respect to the exhibition of movies with closed captioning and audio description. First, this regulation would explicitly require theaters to exhibit such movies “at all times and […]
This year marks the inaugural season of the ABA Academy’s Cybersecurity Core Curriculum. The Curriculum is a series of programs addressing the cybersecurity risks facing lawyers, best practices for prevention and incident response, and lawyers’ legal and ethical obligations to clients regarding data security. The next event in this series, “Moving Target: Cybersecurity Legal Requirements […]
The United States Courts (“USC”) announces public hearings of the Judicial Conference Advisory Committee and seeks comment on proposed amendments to the Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure. The USC requested that these proposals be circulated to the bench, bar, and the public for comment. The Advisory Committees on Rules of Appellate, Bankruptcy, […]
Just as we have seen in politics and other forms of policymaking, rulemakers and regulated communities are taking to social media to engage stakeholders and influence public policy. This is a tricky strategy since rulemaking does not lend itself to boiling down policies into 140 characters or less. Most proposed and final rules are well […]
The Federal Trade Commission seeks comment on the parental consent method that AgeCheq Inc. (“AgeCheq”) has suggested in accordance with the FTC’s Children’s Online Privacy Protection Rule. Congress enacted the Children’s Online Privacy Protection Act (“COPPA”), which became effective in 2000. It applies to any person or entity that collects personal information (defined as “individually […]