Search for: "Catherine Sharkey"
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28 Oct 2021, 9:03 pm
In an article, Catherine M. [read post]
4 Jan 2018, 9:30 pm
” WHAT WE’RE READING THIS WEEK In a forthcoming article for the Fordham Law Review, Catherine Sharkey of the New York University School of Law argued that reviewing courts should incorporate State Farm “hard look” review when evaluating the second step of Chevron review—considering whether an agency’s statutory interpretation was reasonable. [read post]
12 Apr 2010, 6:40 am
My colleagues, Sam Issacharoff and Catherine Sharkey, for instance, described SCOTUS as purveying this sort of externality-suppressing preemption: In the Court's mind, as described by Issacharoff and Sharkey, states were just burdening a national market with disuniform, externality-imposing, parochial laws. [read post]
5 Mar 2008, 6:38 am
My colleague, Catherine Sharkey, urges an "agency reference" model in "Products Liability Preemption: An Institutional Approach" (see article) under which the critical consideration is whether the agency has addressed the issue of preemption in its normal policy-making process, when assessing the risks and benefits of the underlying private conduct being regulated. [read post]
25 Aug 2008, 7:01 am
The FDA's position may disappoint those who favor Catherine Sharkey's "agency deference" model of preemption, but it does save the agency a lot of work.Finally, the FDA repeats that the new CBE rule simply codifies what had been the agency's longstanding CBE practice (id. at 22) and repeats the FDA's now oft-stated views on preemption. [read post]
16 Oct 2006, 5:07 pm
Theory #2: "Backdoor Federalization"The second theory is a variation on a recent article in the UCLA Law Review by Samuel Issacharoff and Catherine Sharkey, focusing on what they call "backdoor federalization" -- the creeping movement toward federal intervention/preemption in areas of law and regulation traditionally dominated by the states. [read post]
21 Oct 2008, 10:29 pm
Sharkey Competition and Privacy in Web 2.0 and the Cloud [pdf] Randal C. [read post]
31 Mar 2008, 11:08 am
"These pre-emption preambles may be only the beginning," New York University law professor Catherine Sharkey wrote in the DePaul Law Review. [read post]
19 Sep 2008, 7:13 am
Sharkey, a law professor at New York University. [read post]
24 May 2013, 8:35 am
Moreover, the Court ought to be closely divided: The question of interpretative authority is hardly a "detail" if one believes that federal judges are likely to be more likely than mission-bound agency bureaucrats to understand and care about general aspects of our legal culture like federalism -- an entirely plausible belief, as Nina Mendelsohn has noted, that has been, in large part, confirmed by Catherine Sharkey's study of federal agencies' enforcement (or lack thereof) of… [read post]
16 Oct 2008, 11:18 am
Preemption by preamble is a phrase that Catherine M. [read post]
14 Mar 2023, 1:55 pm
A draft report from ACUS Senior Fellow Catherine Sharkey (NYU Law) and draft recommendations are now available. [read post]
16 Apr 2007, 9:00 am
Sharkey Professor of Law Columbia University School of Law Neil Vidmar Russell M. [read post]
25 May 2021, 9:05 pm
The committee drew on two ACUS commissioned reports to inform the committee’s research: one report by law professors Daniel Ho, David Freeman Engstrom, Catherine Sharkey, and Supreme Court of California Justice Mariano-Florentino Cuéllar, and the other report by University of Pennsylvania law professor Cary Coglianese. [read post]
21 Sep 2024, 12:47 pm
For example, Catherine Sharkey and Daniel Kenney, in a forthcoming article, FDA Leads, States Must Follow, suggest that courts will stay in their lane when it comes to the FDA’s science-based decisions like new drug approvals. [read post]
23 Mar 2024, 5:29 pm
Catherine Sharkey (New York University) then shifted the conference’s focus away from the stereotypical punitive damage award for intentional malicious conduct and shed light on the question, “Who’s Afraid of Punitive Damages for Product Liability? [read post]
5 Mar 2009, 4:55 am
NYU Professor Catherine Sharkey has pointed out on numerous occasions that for the most part, the result in the Supreme Court's preemption cases follows what the relevant federal agency has advocated. [read post]
5 Mar 2009, 12:36 pm
Catherine M. [read post]
5 Jun 2023, 7:56 am
Draft recommendations, favorably reported by the Committee on Regulation, and an accompanying final report by project consultant and ACUS Senior Fellow Catherine Sharkey (New York University Law School) are now available on the ACUS website. [read post]
24 Dec 2023, 9:05 pm
The Regulatory Review is pleased to highlight our top regulatory essays of 2023 authored by a select number of our many expert contributors. [read post]
