作者:Grossman, Lewis
作者单位:American University
摘要:This Essay traces the still-evolving view of consumers of products regulated by the Food and Drug Administration (FDA) as capable, rational, and rights-bearing decision makers. It also examines the corresponding diminution of FDA's role as a paternalistic gatekeeper working with medical and scientific experts to prevent products and manufacturer provided information about products from reaching the public. Compared with their 1960s counterparts, today's consumers of food and drugs have far gre...
作者:Rosen, Jeffrey; Callanan, Brian
作者:Fox, Jacqueline
作者单位:University of South Carolina System; University of South Carolina Columbia
作者:Leske, Kevin
作者单位:Barry University
摘要:The Seminole Rock deference doctrine instructs federal courts to defer to an administrative agency's interpretation of its own regulation unless the interpretation is plainly erroneous or inconsistent with the regulation. This crucial administrative law doctrine has largely escaped judicial and scholarly examination for close to seventy years. And this is astonishing because, as Chief justice Roberts recently observed, this deference doctrine goes to the heart of administrative law and Seminol...
作者:Mart, Susan; Ginsburg, Tom
作者单位:University of Colorado System; University of Colorado Boulder; University of Chicago
摘要:As noted by President Obama's recent Review Group on Intelligence and Communications Technologies, pervasive state surveillance has never been more feasible. There has been an inexorable rise in the size and reach of the national security bureaucracy since it was created after World War II, as we have gone through the Cold War and the War on Terror. No one doubts that our national security bureaucracies need to gain intelligence and keep some of it secret. But the consensus of decades of exper...