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Administrative law : cases and materials
No full textAdministrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Ninth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world.https://scholarship.law.edu/fac_books/1149/thumbnail.jp
Keynote Address
No full textDavid B. Fountain, executive vice president and general counsel, serves as the Tennessee Valley Authority’s (TVA) chief legal officer for enterprise matters. He also provides counsel to the Board of Directors and, as TVA’s Designated Agency Ethics Official, is responsible for promoting an ethical performance culture across TVA. Before assuming his current role, he was senior vice president and vice general counsel.
Fountain joined TVA in June 2020 after serving in various leadership roles for more than 20 years with Duke Energy and predecessor companies Progress Energy and Carolina Power & Light. His most recent title with Duke Energy, a Fortune 125 investor owned utility that provides electric and gas service to nearly 9.5 million retail customers across seven Southeastern states, was senior vice president-legal, chief ethics and compliance officer, and corporate secretary. Previously, he was Duke Energy’s North Carolina president, responsible for the financial performance of the company’s regulated electric utilities in its largest market—approximately 3.3 million electric retail customers. He was responsible for advancing the company’s rate and regulatory initiatives, managing state and local government relations, and leading its strategy for over 3,000 miles of waterways and shorelines.
Earlier at Duke Energy, Fountain served as senior vice president of enterprise legal support, leading the nuclear, commercial transactions, litigation, and environment, health and safety legal departments. Prior to the merger with Duke Energy, Fountain was vice president of the Progress Energy legal department, responsible for leading the company’s daily legal operations and the corporate secretary’s office.
Fountain earned his J.D., MBA, and undergraduate degrees from the University of North Carolina at Chapel Hill (UNC). Upon graduation, he practiced with what is now the Charlotte office of McGuireWoods, focusing on environmental, administrative, corporate, and transactional law.
Outside of work, Fountain is involved in various community and statewide organizations. He is a member of the UNC Board of Visitors; the Energy Center Advisory Board at UNC’s Kenan-Flagler Business School; and a member of the boards of the Shepherd’s Table Soup Kitchen, the YMCA of the Triangle and Dix Park Conservancy. Fountain is a former board chair of the North Carolina Chamber; the North Carolina Chamber Legal Institute; the Alexander YMCA; Leadership North Carolina; and Marbles Kids Museum. Fountain is a participant in Leadership Knoxville’s class of 2021
Murphy Fellowship
No full textThe Murphy Fellowship, named in honor of longtime former Notre Dame law professor Edward J. Murphy, is awarded annually to first-year law students selected through a written application process. Fellows participate in the programming of both the Program on Church, State & Society and the Religious Liberty Initiative. In addition, they will have the opportunity, during their second and third years, to participate in the Law School’s Religious Liberty Clinic
The Class of 2024’s Achievements Celebrated at Pre-Commencement Awards Ceremony
No full textExcellence, dedication, and stellar were just a few of the words used to describe the outstanding students who were recognized at this year’s Commencement Awards Ceremony. The awards ceremony, which takes place before the Commencement Ceremony, highlights students\u27 hard work inside and outside of the classroom.https://larc.cardozo.yu.edu/cardozo-news-2024/1022/thumbnail.jp
Champions of Justice Award
No full textThe students receiving the Champion for Justice award have exemplified Fr. Hesburgh’s call to be a lawyer champion with their extraordinary commitment to public service. Through their participation in summer internships and/or law school clinics and externships, they have demonstrated a lasting commitment to serving others and satisfied a high threshold of involvement in public interest work that exceeds that of their peers
Preempting Red State Restrictions on the Use of FDA-Approved Drugs in Gender-Affirming Care?
No full textSome observers recently have wondered whether actions by the U.S. Food and Drug Administration (“FDA”) could federally preempt increasingly common state restrictions on gender-affirming care, particularly prohibitions on the use of puberty blockers and cross-sex hormones in adolescent patients. In theory, such a legal strategy might sidestep the need to lodge increasingly unsuccessful challenges under the Fourteenth Amendment. The Supremacy Clause offers little assistance, however, in attempting to get around these state laws. Indeed, even if the FDA eventually approved such uses for currently marketed drugs, implied preemption doctrine as currently configured probably would not do the trick, though securing a federal license for a brand-new pharmaceutical product labeled solely for use in transgender adolescents might just work to displace state prohibitions.
Treating different things the same can generate as much inequality as treating the same things differently. -Kimberlé Crensha
Combating Substance Abuse and Violence in Jackson County, Missouri: A Public Health Approach to the War on Drugs
No full textIn 1989, Jackson County, Missouri, made history - voters passed the first tax solely dedicated to funding substance abuse prevention and treatment. Today, the COMmunity Backed Anti-Crime Tax ( COMBAT ) continues to annually generate between 30 million that supports Jackson County courts, the Jackson County Prosecutor\u27s Office, local law enforcement agencies, and nonprofit organizations focusing on prevention and treatment. COMBAT has achieved success through its de-emphasis on punitive law enforcement practices and emphasis on public health. Instead of focusing on the prosecution of drug-related offenses, COMBAT is leading a more holistic War on Drugs by funding community-based resources to mentor youth, to help crime victims regain their footing, and to treat drug addiction. Furthermore, COMBAT enables local law enforcement to take alternative approaches to fighting drug crimes by shutting down drug houses or diverting non-violent drug offenders to Drug Court. Under COMBAT, the 1990\u27s War on Drugs approach is replaced with a more peaceful and successful approach to creating safe Jackson County communities.
This Article will initially delve into COMBAT and its crucial role in addressing substance abuse and violence throughout Jackson County. Section II of this Article will provide a brief history of COMBAT, discussing its origin in 1989 through its most recent renewal. Section III will explore how COMBAT has achieved success through its public health model focusing on prevention and treatment and will also discuss several COMBAT-supported programs to demonstrate the multifaceted nature of the tax. Section IV outlines the role of the local legislature in making COMBAT a success and the recent COMBAT rebranding efforts to promote a community-based model. Finally, Part IV offers advice for other jurisdictions interested in starting their own COMBAT