Category Archives: Administrative law

Administrative law news articles, reiews, notes and blog examples.

Regulating Food Advertising to Children

Around the world, approximately 170 million children under the age of 18 are estimated to be overweight or obese. Childhood obesity can lead to serious health consequences, including an increased risk for heart disease, sleep disorders, cancer, and early death. The way companies market their food and beverages to children affects what they eat. In a recent paper, two legal scholars show how food advertising regulations in six countries—including the United States—fail to protect children adequately from excessive promotion of unhealthy foods. Belinda Reeve and Roger Magnusson of the University of Sydney Law School assess the strengths and weaknesses of each country’s regulatory schemes. They identify three distinct schemes used to regulate food advertising to children: statutory regulation, where a government entity develops and implements the regulation; co-regulation, where the regulatory process is shared by public and private entities; and….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , | Leave a comment

Thinking Through OIRA Review of Tax Regulations

Last week, the U.S. Department of Treasury released a draft of its first major regulation implementing the tax legislation—known as the Tax Cuts and Jobs Act—enacted in December 2017. The proposed rule addresses some aspects of a new “pass-through” deduction, which allows some taxpayers to reduce their taxable income by as much as 20 percent. The proposed pass-through regulation is the first “economically significant” tax regulation to be subject to centralized review by the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) under a memorandum the Treasury Department and OMB released earlier this year. Before the memorandum, tax regulations were generally exempt from OIRA oversight under a 1983 agreement, as well as through years of practiced mutual disregard: OIRA had no interest in reviewing tax regulations, and tax administrators at the Treasury Department and the Internal Revenue Service….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , , | Leave a comment

The Human Side of Markets

Mehrsa Baradaran, The Color of Money: Black Banks and the Racial Wealth Gap (2017).Andrew Lo, Adaptive Markets: Financial Evolution at the Speed of Thought (2017). Tom C.W. Lin Too often when discussing matters of markets and finance, policymakers and scholars lose focus of the basic fact that people are at the core of markets and finance. It is people who move markets. It is people who generate supply and demand. It is people who need financing—for homes, for investments, for education, for healthcare, and other life decisions. Behind the faceless reams and terabytes of data are people who make up the fuels and gears of the marketplace. Behind the powerful models and promising technology that frequently dominate the contemporary financial markets are people. Properly recognizing the fact that people are at the heart of markets and finance is one of the critical keys to better understanding and harnessing the power of markets and finance. Two illuminating new books,….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , | Leave a comment

An individual's General Municipal Law §207-c benefits may be discontinued where the decision to do so is supported by substantial evidence

An individual's General Municipal Law §207-c benefits may be discontinued where the decision to do so is supported by substantial evidenceMatter of Cordway v Cayuga County, 2018 NY Slip Op 04873, Appellate Division, Fourth DepartmentPetitioner, a deputy sheriff, commenced a CPLR article 78 proceeding challenging the determination that terminated the disability benefits the deputy sheriff had been receiving pursuant to General Municipal Law §207-c. The Hearing Officer issued a report recommending that Petitioner's continued receipt of benefits be terminated. Contrary to Petitioner's contention, the Appellate Division found "no basis to disturb the Hearing Officer's determination terminating the benefits."Although Petitioner presented evidence supporting his contention that his injuries and ailments were causally related to the work-related, the Hearing Officer was entitled to weigh the parties' conflicting medical evidence and to….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , , , , , , , | Leave a comment

Layoff of seasonal employees constituted a termination of employment for the purposes of Public Authorities Law §2629(2)(a)

Layoff of seasonal employees constituted a termination of employment for the purposes of Public Authorities Law §2629(2)(a)Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO v Olympic Regional Dev. Auth., 2018 NY Slip Op 04998, Appellate Division, Third DepartmentThe Civil Service Employees Association [CSEA] challenged the Olympic Regional Development Authority [ORDA] determination that certain its employees who had been laid off were no longer members of their previous collective bargaining unit upon their reinstatement. Supreme Court granted CSEA's application, in a combined proceeding pursuant to CPLR Article 78 and action for declaratory judgment, annulling ORDA's action. Supreme Court found that CSEA was "entitled to a declaration that the layoff of seasonal employees [did] not constitute a termination or cessation of their employment resulting in a vacancy for purposes of Public Authorities Law §2629(2)(a)" and granted CSEA's….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , , , , , , , | Leave a comment