...of July 18, 2012, a total of 221 Dodd-Frank rulemaking requirement deadlines have passed. This is 55.5% of the 398 total rulemaking requirements, and 78.9% of the 280 rulemaking requirements with specified deadlines. Of these 221 passed deadlines, 136 (61.5%) have been missed and 85 (38.5%) have been met with finalized rules. Regulators have not yet released proposals for 19 of the 136 missed rules. Of the 398 total rulemaking requirements, 123 (30.9%) have been met with finalized rules and rules have been proposed that would meet 134 (33.7%) more. Rules have not yet been proposed to meet 141 (35.4%) rulemaking requirements. www.davispolkportal.com 2 Contents Infographic: Dodd-Frank at the Two-Year Mark Word Map: Volcker Comment Letters Title VII Complexity Graph Tasks for Swap Dealers and Major Swap Participants Regulator Meetings with Outside Participants Over Time Dodd-Frank Rulemaking Progress by Agency Title VII Progress on Required Rulemakings Dodd-Frank Rulemaking Progress on Passed Deadlines Dodd-Frank Rulemaking Progress in Select Categories Dodd-Frank Rulemaking Progress by Due Date Dodd-Frank Statutory Deadlines for Required Rulemakings Dodd-Frank Study Progress by Due Date Dodd-Frank Statutory Deadlines for Required Studies 4 5 6 7 8 9 10 11 12 13 14 15 16 3 Infographic: Dodd-Frank at the Two-Year Mark The two years since Dodd-Frank’s passage have seen 848 pages of statutory text expand to 8,843 pages of regulations. Already...
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...- Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute a “hearing”? Its called a paper hearing and satisfies §553. §553(b)(2) - authority. Grouper - Magnuson Fishery . . Act. Note, they cite to their own rule; generally an agency must...
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...with defined statutory mandates. Also during 1929 because of the stock market crash and the beginning of the Great Depression Congress felt the need of additional agencies to assist free-market economy and to act in the public interest, convenience, and necessity. 19-2 What are the two major functions of administrative agencies? The first function is rulemaking, where agencies are authorized to create new regulations by virtue of their enabling statutes; if they are not agencies, they need to follow the three ruled making models which are formal, informal, and hybrid outlined in the APA (Administrative Procedure Act). The Second Major Function is the Adjudication of individual cases brought before administrative law judges by agency staff, this function is done in individual cases as oppose to rulemaking for whole industries, and administrative agency usually pursues a four step process. 19-3 Explain the distinction between executive administrative agencies and Independent administrative agency is an agency which appointed heads and members serve for fix terms and cannot be removed by the president except for reasons defined by Congress. Executive administrative agency is an agency located within a department of the executive branch of government; heads and appointed members serve at the pleasure of the president. 19-4 Describe how the courts check the power of administrative agencies. The courts can curb administrative agencies’ rulemaking and adjudicative...
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...Chapter 1 | | stare decisis | A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. | adjudicate | To render a judicial decision. In the administrative process, adjudication is the trial-like proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency. | administrative agency | A federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts. | administrative law | The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. | administrative law judge (ALJ) | One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. | administrative process | The procedure used by administrative agencies in the administration of law. | Bill of Rights | The first ten amendments to the U.S. Constitution. | binding authority | Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court...
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...Week Two Homework Assignment 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Drop-box: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) The administrative agency I have chosen is the Federal Motor Carrier Safety Administration (FMCSA) and the proposed regulation is “Qualification of Drivers; Exemption Applications; Vision”. Although the proposed regulation does not affect the business I work for directly, it does however affect all motorists including myself using state highway everyday to commute. I selected this agency because it deals with the safety of commercial motor vehicles (CMV) and truck drivers. Like myself, there are many people out there who are usually afraid when driving passing these commercial motor vehicles and often worry about its safety. The proposed regulation is the most current one for the administration hence the main reason why I selected it, but it also interest me because am very curious as to the safety of commercial motor...
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...(also regulatory authority, regulatory body or regulator) is a public authority or government agency responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity. An independent regulatory agency is a regulatory agency that is independent from other branches or arms of the government. Regulatory agencies deal in the area of administrative law—regulation or rulemaking (codifying and enforcing rules and regulations and imposing supervision or oversight for the benefit of the public at large). The existence of independent regulatory agencies is justified by the complexity of certain regulatory and supervisory tasks that require expertise, the need for rapid implementation of public authority in certain sectors, and the drawbacks of political interference. Some independent regulatory agencies perform investigations or audits, and some are authorized to fine the relevant parties and order certain measures. Regulatory agencies are usually a part of the executive branch of the government, or they have statutory authority to perform their functions with oversight from the legislative branch. Their actions are generally open to legal review. Regulatory authorities are commonly set up to enforce standards and safety, or to oversee use of public goods and regulate commerce. Examples of regulatory agencies are the Interstate Commerce Commission and U.S. Food and Drug Administration in the United States, Ofcom in the United Kingdom...
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...The National Highway Traffic Safety Administration (NHTSA) established a frontal impact test protocol under the Federal Motor Vehicle Safety Standard (FMVSS) No. 208 (Occupant Crash Protection) in an effort to encourage manufacturers to build safer vehicles and for consumers to purchase them. FMVSS No. 208 also mandated the phasing in one of two types of passive restraints in automobiles: airbags and passive seatbelts. Prior to the deadline for complying with the standard, and after the election of a new President (Ronald Reagan) of a different political party, the newly appointed Secretary of Transportation (Andrew Lewis) reopened the rulemaking. Within two months of reopening the rulemaking, the NHTSA ordered a one-year delay in the first application of the standard and proposed the possible rescission of the entire standard. After receiving written comments and holding public hearings, the NHTSA issued a final rule rescinding FMVSS No. 208’s passive restraint requirement. In rescinding this requirement, the NHTSA stated that it could no longer find (as it had prior to the initial proposal of the rule) that such a requirement would produce significant safety benefits. The NHTSA’s judgment did not reflect a change of opinion regarding the effectiveness of the technology, but a change in plans by the automobile industry. At the time of the rescission, industry standards were in place to ensure automatic seatbelts were installed in approximately 99% of all new cars. The...
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...Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program This Rule document was issued by the Employment and Training Administration (ETA) Action Interim final rule; request for comments. Summary The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly...
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...comments identified by the docket number DOT– OST–2011–0044 by any of the following methods: • Federal eRulemaking Portal: go to http://www.regulations.gov and follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave., SE., Room W12–140, Washington, DC 20590–0001. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Ave., SE between 9 a.m. and 5 p.m. E.T., Monday through Friday, except Federal Holidays. • Fax: 202–493–2251. Instructions: You must include the Issued at Washington, DC, on September 8, agency name and docket number DOT– OST–2010–XXXX or Regulatory 2011. Identification Number (RIN) for the LaTanya R. Butler, rulemaking at the beginning of your Acting Deputy Committee Management comment. All comments will be posted Officer. without change to http:// [FR Doc. 2011–23634 Filed 9–14–11; 8:45 am] www.regulations.gov, including any BILLING CODE 6450–01–P personal information provided. Privacy Act: Anyone is able to search the electronic form of all comments DEPARTMENT OF TRANSPORTATION received in any of our dockets by the name of the individual submitting the Office of the Secretary comment (or signing the comment if submitted on behalf of an association, a 14 CFR Part 252 business, or labor union, etc.). You may [Docket No. DOT–OST–2011–0044] review DOT’s complete Privacy Act statement in the Federal Register RIN 2105–AE06 published on April 11, 2000 (65...
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...This week marks a pivotal point in the history of the Internet. Monday was the 25th anniversary of the first .COM registration—and in some ways, the beginning of the commercial Internet. Yesterday, the Federal Communications Commission unveiled its long-awaited National Broadband Plan, which proposes ambitious subsidies to encourage broadband deployment. On the theory that unease about online privacy may discourage broadband adoption, the Plan also calls for increased regulation of how websites collect, and use, data from consumers. The debate over how to regulate online data use has gone on for over a decade, leading to today’s final “Roundtable” in the “Exploring Privacy” series held by the Federal Trade Commission over the last three months. The stakes in this debate are high: Data is the lifeblood of online content and services, and consumers will ultimately bear the cost of restrictions on data use in the form of reduced advertising funding for, and innovation in, online content and services. That’s why this week’s most important technology policy event may ultimately prove to be today’s Senate Commerce Committee hearing on Rep. Barney Frank’s “Wall Street Reform and Consumer Protection Act of 2009” (H.R. 4173), which narrowly passed the House in December without a single hearing and no real debate. Although the sprawling (273,579 word) bill is mostly famous for creating a Consumer Financial Protection Agency, it would also, in just 613 words, “put the FTC on steroids...
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...my father is on disability. SUMMARY: We are proposing to revise the Medicare hospital inpatient prospective payment systems (IPPS) for operating and capital-related costs of acute care hospitals to implement changes arising from our continuing experience with these systems and to implement certain statutory provisions contained in the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (collectively known as the Affordable Care Act) and other legislation. These changes would be applicable to discharges occurring on or after October 1, 2011. We also are setting forth the proposed update to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits. The proposed updated rate-of-increase limits would be effective for cost reporting periods beginning on or after October 1, 2011. We are proposing to update the payment policy and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) and implement certain statutory changes made by the Affordable Care Act. These changes would be applicable to discharges...
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...to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States”. Every tax bill passed must be approved by the US congress and also sent to the president of the United States and become a law. They have the power to create tax laws. http://www.law.cornell.edu/constitution/articlei According to ushistory.org, “Before a bill becomes a law it must pass both houses of Congress and signed into law by the President. It may begin its journey at any time, but it must be passed during the same congressional session of its proposal, a period of one year. If it does not complete the process, it is dropped, and can only be revived through reintroduction and going through the whole process again”. Before the bills become law, they go through a committee consideration and floor debate. In most cases both stages are important in successfully becoming a bill. http://www.ushistory.org/gov/6e.asp The Common body tax laws are made up of the internal Revenue Code, Treasury Regulations, Court Cases, and the IRS. It is governed by regulations created by the IRS. According to the lawdictionary.org, “it is the legal framework that denotes the taxing authority and regulations of a given country's tax laws. The term is most often used to describe the framework that governs the American tax code. Since there are several key agencies that have the authority to levy taxes, penalties,...
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...LEGAL METHODS OUTLINE COMMON LAW REASONING • Role of precedent • Law is not unchanging • Distinguishing cases based on the individual facts to come to new conclusions o Judges give more or less weight to different factors • Narrow/broad interpretations of common law rulings • Rules vs. Standards o Rules: more stringent result (binding) ▪ DEMAND that a decision maker respond a certain way to the presence of triggering facts. ▪ ROL is ostensibly neutral and general; however ▪ Severe impartiality can lead to inhumane results (Think Palsgraf and ct costs) ▪ Consider: The Restatement has no precedential power…do cts sometimes neglect careful analysis of problems b/c of their willingness to defer to the restatement? ▪ Bright line rules: The more the law is settled, the more likely it is that people won’t litigate. Highly predictable outcomes. o Standard: more general interpretation (more leeway in end result) ▪ If there are multiple criteria for analyzing the law, almost always use the standards approach. ▪ direct application of a background principle or policy ▪ Standards mean that there will probably be a lot more for the jury to decide (their sympathies come into play) • Legal doctrines that collide => different levels of generality o Deciding the facts that turn the case • Power...
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...as I myself was once a foreign student who went through the immigration process. However, from the promulgation of the first immigration law in the 1950s, these laws have evolved and have affected all individuals in one way or another. In 2000, a proposal for immigration reform was brought to Congress due to the shortages of workers in the food industry (Robin, 2000). Immigration laws have changed several times since then. What is the relation between the 2000 and 2008 laws? In February 2008, the Department of Homeland Security proposed amendments to its immigration regulations. More specifically, The U.S. Citizenship and Immigration Services and U.S. Customs and Border Protection presented a proposal affecting all H-2A nonimmigrant workers. Businesses in particular needed to understand what was changing and how it affected them and their employees. 2. Describe the proposal/change. The proposal offered various new regulations and limitations imposed on U.S. employers and H-2A nonimmigrant workers. Some of the proposed changes included the limitations on the ability of U.S. employers to petition for unnamed workers, length of stay for nonimmigrant workers, the rules of extension of H-2A status, the relationship between the change of employers and the H-2A status, payments requirements for employees and beneficiaries, employer attention, violation of the status, waiting period regulations, exit process for H-2A workers, and other...
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...Final Exam for Environmental Law ENV 320 Please write the correct answer on the left line for each question. Each question has 2 points. Please use another color than black for your answers. D 1. Which of the following is not considered one of the threshold issues that must be met before one can bring a lawsuit? a. standing. b. ripeness. c. case or controversy. d. none of the above (all must be present). B 2. A case challenging a statute as violating a person's rights under the U. S. Constitution. a. must be heard in a state court. b. must be heard in a federal court. c. may be heard in either state or federal court. d. must be heard in the U. S. Court of Claims. C 3. To render a binding decision in a case, a court must have a. subject matter jurisdiction. b. jurisdiction over the person. c. either A or B. d. both A and B. B 4. The federal district court and the court of common pleas have concurrent jurisdiction over a. cases involving the interpretation of the Constitution. b. most cases requiring the interpretation of a federal statute. c. both a and b. ...
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