Posts tagged with: "government"
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23 May 2013, 9:01 pm
In today’s column, I analyze a significant administrative law case handed down by the U.S. Supreme Court earlier this week, City of Arlington, Texas v. Federal Communications Commission (FCC). Arlington v. FCC is an extremely interesting decision in that it has many of the trappings of an important Supreme Court ruling—a divided (5-1-3) Court, a dissent (by the Chief Justice) proclaiming a “fundamental” disagreement with the majority, a majority opinion expressing… [read post]
23 May 2013, 6:44 pm
Citigroup’s ideas were reflected in more than 70 lines of one 85-line bill. [read post]
23 May 2013, 5:13 pm
Reed Smith’s Global Regulatory Enforcement Law blog features a post on the recent publication of the application decree to the “French Sunshine Act” by the French Ministry of Health. “A Brave New World? The ‘French Sunshine Act’ imposes online disclosure of contracts with HCPs, as well as of payments of ‘advantages’ to HCPs, dating back to 01 January 2012,” written by Daniel Kadar, discusses the specific ways and means that health care… [read post]
23 May 2013, 4:01 pm
Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case? Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is wrestling with the question of whether liking something on Facebook is protected First Amendment activity in the case of Bland v.… [read post]
23 May 2013, 4:01 pm
Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case? Leave it to Facebook to make us answer these questions.
You don’t like me, you just want my coupon . . .
The Fourth Circuit Court of Appeals is wrestling with the question of whether liking something on Facebook is protected First Amendment activity in the case of Bland v.… [read post]
23 May 2013, 2:00 pm
The state motto for Vermont is "freedom and unity." The motto raises the (unintentional) question about whether one is free to not be part of the unity in Vermont. One thing that judges in Vermont are not free to do is serve as long as they are able. Like many states, Vermont has a mandatory retirement age for judges. For most states the mandatory retirement age is either 70 or 75. Vermont, however, has a mandatory retirement age of 90. That is a… [read post]
23 May 2013, 1:35 pm
My colleague Eli Dourado brought to my attention this XKCD comic and when tweeting it out yesterday he made the comment that “Half of tech policy is dealing with these people”:
The comic and Eli’s comment may bit a bit snarky, but something about it rang true to me because while conducting research on the impact of new information technologies on society I often come across books, columns, blog posts, editorials, and tweets that can basically be summed up with the line from that… [read post]
23 May 2013, 12:45 pm
This post was written by Daniel Kadar.
In probably one the longest-awaited decrees in recent French regulation, the French Ministry of Health published on 22 May 2013, the application decree to the French Sunshine Act (dated 29 December 2011) implementing the specific ways and means that health care companies must disclose agreements with health care practitioners (“HCPs”), a term that includes medical students, as well as so-called “advantages” paid to HCPs. Under French… [read post]
23 May 2013, 12:20 pm
Supplementing this ILB entry from Sunday, the Shelbyville News has a story today by C.M. Schmidlkofer headed "County grant will... [read post]
23 May 2013, 12:02 pm
This past week, the Department of Justice announced a $7.3 million settlement it reached with U.S. Renal Care, an owner and operator of outpatient dialysis facilities throughout the United States. The settlement resulted from a qui-tam lawsuit filed in June 2008, which accused the Dialysis Corporation of America (DCA), acquired by U.S. Renal Care in June 2010, of violating the False Claims Act.
According to the lawsuit, DCA violated the Act by submitting false claims to the Medicare program… [read post]
23 May 2013, 11:52 am
Oh no he didn’t! Watch Justice Scalia ladle out the sauce to Chief Justice Roberts. Continue reading »Follow Above the Law on Twitter or become a fan on Facebook.Tags: Administrative Law, Antonin Scalia, Benchslap, Benchslaps, Chevron, Chevron deference, Constitutional Interpretation, Constitutional Law, Federal Government, John G. Roberts Jr., John Roberts, Politics, Righteous Indignation, SCOTUS, Supreme Court, Tamara Tabo
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23 May 2013, 11:49 am
Earlier this month C.R. Bard Inc., a New Jersey based corporation that develops, manufactures, and markets medical products, agreed to pay $48.26 million to resolve kickback allegations filed against the company relating to its sale of Brachytherapy seeds.
Brachytherapy seeds are a form of radiation therapy. According to the complaint filed in 2006, Bard allegedly paid illegal kickbacks in numerous forms to both physicians and other customers who used the seeds to perform treatment for… [read post]
23 May 2013, 11:40 am
National security concerns are rooted in SoftBank’s relationship with Chinese telecommunications equipment manufacturers. [read post]
23 May 2013, 11:20 am
Maureen Hayden, CNHI, take on the operation of the new school formula in this story today in the Kokomo Tribune,... [read post]
23 May 2013, 11:15 am
In the ongoing saga of governmental antitrust investigations of Google, recent weeks have witnessed a new level of rhetoric and disingenuous use of the regulatory process to handicap, rather than promote, competition and innovation. The current case in point relates once again to search neutrality, but this time complaining rivals remarkably object to getting exactly what they’ve asked for over many years.
Just a little less than four months after the U.S. Federal Trade Commission (FTC) closed… [read post]
23 May 2013, 6:36 am
Back in 2000, a woman, Ms. Cheney, left her children with a man she knew in Louisiana, Mr. Peters. Shortly thereafter, Ms. Cheney gave Mr. Peters provisional custody of the children. Mr. Peters cared for the children just as a father would.
In 2004, the children were attending Oakdale Middle School when their mother suddenly showed up to take them out of school and move them to Texas. At this time, Ms. Cheney showed the principal of the middle school her provisional custody mandate. On the mandate,… [read post]
23 May 2013, 5:57 am
The fact that the prosecutor stood on a raised platform in the courtroom did not infringe the principle of equality of arms.
In today’s Chamber judgment in the case Diriöz v. Turkey (application no. 38560/04), which is not final1, the European Court of Human Rights held, unanimously, that there had been:
No violation of Article 6 §§ 1 and 3 (c) of the European Convention on Human Rights.
The case concerned the complaint by an accused that there had been an infringement of the… [read post]
23 May 2013, 2:41 am
Regina (Trail Riders Fellowship and another) v Dorset County Council [2013] EWCA Civ 553; [2013] WLR (D) 186
“A map produced to a scale of 1:25,000, even if digitally derived from an original map of a different scale, satisfied the requirements for a map accompanying an application to modify a right of way that were set out in paragraph 1(a) of Schedule 14 to the Wildlife and Countryside Act 1981.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk [read post]
Birmingham City Council v James (Secretary of State for the Home Department intervening) – WLR Daily
23 May 2013, 2:38 am
Birmingham City Council v James (Secretary of State for the Home Department intervening) [2013] EWCA Civ 552; [2013] WLR (D) 185
“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk [read post]
22 May 2013, 10:40 pm
The majority of foodborne illness outbreaks caused by antibiotic-resistant pathogens on record have occurred in the past thirteen years, according to a new report released by the Center for Science in the Public Interest on Wednesday.
The analysis found that between 1973 and 2011 there were 55 antibiotic-resistant outbreaks, 34 (58 percent) of which occurred since the year 2000. Dairy products, ground beef, and poultry were identified as the source of half of those. Salmonella was the most common… [read post]