Who owns medical records? Technically, the records themselves are the property of the physicians and hospitals that compile them. But the law has long recognized that patients also have rights to those records. Most significantly, under HIPAA’s Privacy Rule, a provider must, upon request, give a patient a copy of her medical records. But, to […]
It seems like every time a corporation announces a settlement with the government, someone expresses outrage upon learning that a corporation’s payment may be deductible. How dare the government subsidize bad behavior by allowing a corporation to reduce its taxes? Take a look at this Newsweek story, for example. The deductibility of settlement payments actually […]
One of the most effective ways to bridge the gap between the theory and practice of administrative law is for theorists to actually practice administrative law and then reflect on that practice experience. Indeed, some of the most important contributions to the administrative law literature have come from law professors upon their return from stints […]
As I mentioned in a prior post, I plan on blogging more about the results of my empirical study inside agency statutory interpretation, which is forthcoming in the Stanford Law Review and an updated draft of which is available on SSRN here. In the interim, Reeve Bull has done an excellent post and overview of the […]
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, […]
Today my colleague Stephanie Hoffer and I will be presenting our paper, “The Death of Tax Court Exceptionalism,” which is forthcoming in the Minnesota Law Review, at the University of Kentucky College of Law Faculty Workshop. Stephanie and I have already blogged about this paper elsewhere (here, here, and here), but I wanted to highlight a […]
I recently returned from the 2014 Public Health Law Conference, a fantastic event held every two years in Atlanta and hosted by the Network for Public Health Law, the American Society of Law, Medicine and Ethics, and the Robert Wood Johnson Foundation. Presentations at the conference covered a wide range of issues from Ebola (the […]
As my colleague Paul Rose and I have explored elsewhere, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) has raised the stakes for financial regulation by requiring more than twenty federal agencies to promulgate hundreds of new rules and regulations. Not only has it kept the financial regulators busy, but it […]
There is a growing trend among law schools to add Legislation and Regulation (“Leg-Reg”) to the required first-year curriculum. Professor Edward Richards keeps a running list of the schools that offer some sort of legislation or administrative law course in the 1L curriculum, and to date at least 27 schools require a 1L course in […]
Last week, I pushed against a popular account of Walter Bagehot’s Lombard Street that I think misconstrues exactly what Bagehot was trying to do (and the context within which he was doing it). My brilliant live-in editor tells me that (1) Bagehot really isn’t that popular, so I may be overstating how much people have […]
Last Thursday I had the privilege of presenting my empirical study on agency statutory interpretation to roughly fifty agency officials at the U.S. Department of Homeland Security as part of DHS’s Regulatory Affairs Practice Group Roundtable (“DHS Roundtable”), which is sponsored by the DHS Office of General Counsel. It was a terrific group, and I enjoyed […]
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 […]
Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law. One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]
We are not accustomed to thinking of central banks, in their roles as lenders of last resort, as regulators. Regulation means financial regulation, the stuff of notices and comments and final proposed rules and enforcement letters. But while central banks don’t look exactly like other regulators, it is the exercise of governmental power deposited in […]
One of the most frequent questions I get from other junior administrative law professors is whether they should attend the Administrative Law Conference held each October and sponsored by the American Bar Association Section of Administrative Law and Regulatory Practice. My answer is always a resounding YES, and that applies to anyone who researches, teaches, […]