Notice & Comment

Notice & Comment

Notice & Comment

Food and Drug: New FDA Initiative on Infusion Pumps, by Jonathan Rusch

Today, the Food and Drug Administration announced a new initiative “to address safety problems associated with external infusion pumps, which are devices that deliver fluids, including nutrients and medications, into a patient’s body in a controlled manner.” The initiative will include (1) “additional premarket requirements for infusion pumps, in part through issuance today of a […]

Notice & Comment

Privacy/Information Technology: Oral Argument in City of Ontario v. Quon, by Jonathan Rusch

Last Monday, April 19, the U.S. Supreme Court heard oral argument in City of Ontario v. Quon, No. 08-1332, a case with potentially significant effects in workplaces across the country. The critical issue is whether the Ontario Police Department violated the Fourth Amendment by searching the department-issued pager of one of its officers who was […]

Notice & Comment

Intellectual Property: Draft Anti-Counterfeiting Trade Agreement, by Jonathan Rusch

On Wednesday, April 21, the European Commission posted for the first time a draft of the Anti-Counterfeiting Trade Agreement (ACTA) for public review and comment. The draft, which the EC termed a “PUBLIC Predecisional/Deliberative Draft,” is the product of a multinational process going back to 2006. Currently, Australia, Canada, the European Union and its 27 […]

Notice & Comment

International Coverage of SEC Suit Against Goldman Sachs, by Jonathan Rusch

While many people may have been focusing just on U.S. media coverage of the SEC’s suit against Goldman Sachs, a sampling of the international coverage may be worth noting. In China, the Xinhua News Agency commented that the suit “has again sounded an alarm bell for financial regulation, which may stimulate U.S. authorities to speed […]

Notice & Comment

Transportation: EU Announcement on Passenger Rights and Icelandic Volcanic Cloud, by Jonathan Rusch

Today, in response to the expanding Icelandic volcanic cloud that has extensively disrupted air travel, EU Vice President Siim Kallas announced that “EU passenger rights continue to apply and air travellers should speak up to claim their rights.” Those rights, which were established by the EU Directive on air passenger rights (Regulation 261/2004), include (1) […]

Notice & Comment

Education: Department of Education Assessment Grant Final Regs, by Jonathan Rusch

There’s an interesting blog posting by Eliza Krigman of NationalJournal.com, and responses to her posting, about the final regulations that the Department of Education promulgated last week for its $350 million assessment grant competition. Krigman notes that “[a]ccording to Education Week, the rules make clear the administration’s desire to shift away from multiple-choice testing in […]

Notice & Comment

Chart: Timeline of Health Care Reform, by Jonathan Rusch

For anyone who still has difficulty in sorting out which provisions of the new health care legislation take effect at which times, the website Visual Economics has a chart that concisely lays out the timeline for the major provisions. This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice […]

Notice & Comment

D.C. Circuit Decision on “Unit of Prosecution” Doctrine in Civil Enforcement, by Jonathan Rusch

Today, the U.S. Court of Appeals issued an interesting decision in a case involving the “unit of prosecution,” a doctrine well-known in criminal enforcement but less frequently raised in civil regulatory enforcement. In National Association of Home Builders v. OSHA, No. 09-1053, three trade associations had challenged the Secretary of Labor’s amendment of regulations under […]

Notice & Comment

Introduction, by Jonathan Rusch

This blog is intended to deliver content that is timely, interesting, and useful (or at least some combination thereof) on all fields of regulatory practice and administrative law and procedure. Although the primary focus will be U.S. law at all levels of government, Arbitrary and Capricious will also present items involving foreign substantive and procedural […]