Notice & Comment

Notice & Comment

Notice & Comment

Want Your Medical Record? It’ll Cost You.

Who owns medical records? Technically, the records themselves are the property of the physicians and hospitals that compile them. But the law has long recognized that patients also have rights to those records. Most significantly, under HIPAA’s Privacy Rule, a provider must, upon request, give a patient a copy of her medical records. But, to […]

Notice & Comment

It’s Deductible?! That’s Outrageous!

It seems like every time a corporation announces a settlement with the government, someone expresses outrage upon learning that a corporation’s payment may be deductible.  How dare the government subsidize bad behavior by allowing a corporation to reduce its taxes?  Take a look at this Newsweek story, for example. The deductibility of settlement payments actually […]

Notice & Comment

Bridging the Gap Between Science and Law

I recently returned from the 2014 Public Health Law Conference, a fantastic event held every two years in Atlanta and hosted by the Network for Public Health Law, the American Society of Law, Medicine and Ethics, and the Robert Wood Johnson Foundation.  Presentations at the conference covered a wide range of issues from Ebola (the […]

Notice & Comment

The Rise of the 1L Leg-Reg Course

There is a growing trend among law schools to add Legislation and Regulation (“Leg-Reg”) to the required first-year curriculum.  Professor Edward Richards keeps a running list of the schools that offer some sort of legislation or administrative law course in the 1L curriculum, and to date at least 27 schools require a 1L course in […]

Notice & Comment

Agency Best Practices: DHS Regulatory Affairs Practice Group Roundtable

Last Thursday I had the privilege of presenting my empirical study on agency statutory interpretation to roughly fifty agency officials at the U.S. Department of Homeland Security as part of DHS’s Regulatory Affairs Practice Group Roundtable (“DHS Roundtable”), which is sponsored by the DHS Office of General Counsel.  It was a terrific group, and I enjoyed […]

Notice & Comment

Marouf, Kagan & Gill on Empirical Realities of Immigration Stays (AdLaw Bridge Series)

Being at the ABA Administrative Law Conference this week has me thinking more about the terrific empirical work scholars are carrying out to better understand real-world administrative law.  One of my favorite such empirical projects from this year is entitled “Justice on the Fly: The Danger of Errant Deportations” by Fatma Marouf, Michael Kagan , and Rebecca […]

Notice & Comment

The Mythology of Walter Bagehot: Part I of II

We are not accustomed to thinking of central banks, in their roles as lenders of last resort, as regulators. Regulation means financial regulation, the stuff of notices and comments and final proposed rules and enforcement letters. But while central banks don’t look exactly like other regulators, it is the exercise of governmental power deposited in […]

Notice & Comment

The Celebrity Hacking Scandal and HIPAA

My health law students and I were discussing HIPAA’s Privacy Rule when we got to talking about the iCloud hack of the nude celebrity photos. Although publication of the photos was a grotesque invasion of the celebrities’ privacy, there’s been no big push for the federal government to pass a law requiring Apple to take […]