Congress enacted the Freedom of Information Act (FOIA) in 1966 to allow private citizens wide access to government information protected by federal agencies. In an effort to enable greater public access to government documents, Congress amended FOIA in 1974 to include a provision awarding attorneys�...   MORE>>

When there is a choice between settlement and litigation, most would agree that a negotiated settlement is in everyone’s best interest. However, when two or more competitors reach an agreement, the logical question would be whether the agreement is in the public’s best interest. Congress institu...   MORE>>

. . . there is no set of maxims more important for a historian than this: that the actual cause of a thing’s origin and its eventual uses, the manner of its incorporation into a system of purposes, are worlds apart; that everything that exists, no matter what its origin, is periodically reinterpre...   MORE>>

I. INTRODUCTION

Statutory provisions are in place to regulate the performance standards of investigational medical devices. An investigational medical device is “a medical device which is the subject of a clinical study designed to evaluate the effectiveness and/ or safety of the device.” Med...   MORE>>

The Federal Trade Commission (“FTC” or “Commission”) has a dual mandate: to prevent anticompetitive business practices, and to protect consumers from unfair, deceptive, or fraudulent practices. The Commission’s mandates are not mutually exclusive. As former Commissioner Leary explained, �...   MORE>>

NOTES

“Unless the available stock of rental housing, and the tenants who reside therein, receive further protection from the consequences of conversion of said accommodations to condominiums and cooperatives than the law now affords, this rental housing shortage will generate serious threats to...   MORE>>

CASE COMMENTS

Immigration statutes have traditionally contained provisions that limit federal district court jurisdiction over administrative appeals and require individuals to exhaust administrative remedies before seeking judicial review of immigration claims.[1] As in other areas of administra...   MORE>>

CASE COMMENTS

Congress delegates authority to the Bureau of Prisons (BOP) to place inmates.[1] In determining inmate placement, the BOP must consider five individualized factors before selecting a suitable penal facility for each inmate.[2] In 2005, the BOP created regulations (2005 regulations...   MORE>>

CASE COMMENTS

A 1962 Department of Defense (DOD) directive authorizes the discharge from service of military members with religiously based conscientious objections to war.[1] A conscientious objection is “a firm, fixed and sincere objection to participation in war in any form . . . because of ...   MORE>>

I. INTRODUCTION

“In the mental map of most lawyers, restitution consists largely of blank spaces with undefined borders and only scattered patches of familiar ground.” [3]

Most authorities describe restitution as either a misunderstood, ignored or unknown area of the law. Those few profess...   MORE>>