. . . 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>>

It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.[1]

I. Introduction...   MORE>>

The United States Securities and Exchange Commission (the “SEC” or “Commission”) is nearing its seventy-fifth anniversary, a milestone that will be marked by reflection on the past and contemplation of the future.[1] During this time of introspection, the Commission should take the opportun...   MORE>>