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Merck & Co. v. HHS: Is There a Tao of Chevron?
Michael P. DeGrandis
Taoism is a Chinese philosophy that is often represented by the yin-yang—a symbol of contrasting opposites in perfect balance with each other. From the Taoist perspective, “day” is only “day” in relationship to the night. In other words, all things are interdependent, so life must be lived in balance. While Taoism doesn’t directly address the…
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Comments in Response to the Department of Health and Human Services: Proposed Rule for Nondiscrimination in Health and Health Education Programs and Activities
In the News
Re: Nondiscrimination in Health and Health Education Programs or Activities, Docket No.: HHS-OCR-2019-0007 According to the Executive Summary published in the Federal Register related to the Proposed Rule, “Section 1557 of the Patient Protection and Affordable Care Act (‘PPACA’) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability under any…
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Deference to the Bureau of Prisons Results in Time Lost for Thousands Under Its Custody
Haley Connor
The rule of lenity requires that if a criminal statute is ambiguous, courts must interpret the ambiguity in a manner favorable to the defendant. There are two primary reasons for the rule of lenity. First, criminal laws must provide people with fair notice so people can live by the law. Second, it is the legislature’s…
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FDA Shadow Regulations Target Fido’s Dinner
Ethan Beck
Answers Pet Food, a brand created by Pennsylvania-based company Lystn to provide high quality, organic pet food, is being targeted by the U.S. Food and Drug Administration for failing to comply with an unofficial, zero-tolerance policy toward naturally occurring strands of salmonella in minimally processed pet foods. The FDA refers to the policy as “guidance.”…
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Going off the Rails: The CA High-Speed Rail Authority
Gelane Diamond
Billions of dollars over budget. Years behind schedule. Hundreds of acres of land taken from Central Valley farmers, who are still waiting to receive their compensation. How did a project to build America’s first high-speed railway become such a wreck? The answer is simple: a lack of oversight exercised by the governor and legislature over…
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FINRA is a Double-Delegation Disaster
Jay Schaefer
Photo by Ajay Suresh, Rights Reserved The current nondelegation doctrine may not be long for this world, evidenced by the concurrence and dissent in this term’s Gundy v. United States. In its present iteration, the doctrine allows Congress to give away legislative authority to agencies so long as the authority is pursuant to an “intelligible principle,”…
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