Regleprudence – at OIRA and Beyond

There are significant domains of legality within the administrative state that are mostly immune from judicial review and have mostly escaped the attention of legal theorists. While administrative law generally focuses on the products of agency action as they are reviewed by the judiciary, there are important aspects of regulatory activity that are legal or law-like but rarely interrogated by systematic analysis with reference to accounts about the role and nature of law. In this Article, we introduce a category of analysis we call regleprudence, a sibling of jurisprudence and legisprudence. Once we explore some regleprudential norms, we delve into one case study – the Office of Information and Regulatory Affairs and the legal work it undertakes through regulatory review – and gesture at how more general attention to regleprudence can improve our understanding of important corners of the Executive Branch

Regleprudence – at OIRA and Beyond

There are significant domains of legality within the administrative state that are mostly immune from judicial review and have mostly escaped the attention of legal theorists. While administrative law generally focuses on the products of agency action as they are reviewed by the judiciary, there are important aspects of regulatory activity that are legal or law-like but rarely interrogated by systematic analysis with reference to accounts about the role and nature of law. In this Article, we introduce a category of analysis we call regleprudence, a sibling of jurisprudence and legisprudence. Once we explore some regleprudential norms, we delve into one case study – the Office of Information and Regulatory Affairs and the legal work it undertakes through regulatory review – and gesture at how more general attention to regleprudence can improve our understanding of important corners of the Executive Branch

A Call to Action: The New Academy of Food Law & Policy

The food system is affected by unique and complex laws. These laws call for a new generation of legal practitioners and scholars. This essay announces the creation of the Academy of Food Law and Policy. The Academy creates a network of law professors researching, teaching, and mentoring in food law and policy

The New Food Safety

A safe food supply is essential for a healthy society. Our food system is replete with different types of risk, yet food safety is often narrowly understood as encompassing only foodborne illness and other risks related directly to food ingestion. This Article argues for a more comprehensive definition of food safety, one that includes not just acute, ingestion-related risks, but also whole-diet cumulative ingestion risks, and cradle-to-grave risks of food production and disposal. This broader definition, which we call “Food System Safety,” draws under the header of food safety a variety of historically siloed, and under-regulated, food system issues including nutrition, environmental protection, and workplace safety. The current narrow approach to food safety is inadequate. First, it contributes to irrational resource allocation among food system risks. Second, it has collateral consequences for other food system risks, and, third, its limited focus can undermine efforts to achieve narrow food safety. A comprehensive understanding of food safety illuminates the complex interactions between narrow food safety and other areas of food system health risks. We argue that such an understanding could facilitate improved allocation of resources and assessment of tradeoffs, and ultimately support better health and safety outcomes for more people. We offer a variety of structural and institutional mechanisms for embedding this approach into federal agency action

Voluntarism, Vulnerability, and Criminal Law: A Response to Professors Hills and O\u27Hear

This Response addresses the criticisms of our project by Professors Rick Hills and Michael O\u27Hear. Before we address those challenges, we first want to reiterate our gratitude to the B.U. Law Review for hosting an exchange based on our article, Punishing Family Status (forthcoming BU LR, December 2008), and to Professors Hills and O\u27Hear for their careful and subtle analysis of that article. Additionally, it\u27s worth recapitulating what our bottom-line conclusions are so we can better see if there are any practical disagreements with our critics. Summarizing quickly: we support decriminalization in the cases of parental responsibility laws (based on strict and vicarious liability), bigamy, adultery, and non-payment of parental support; we endorse decriminalizing incest between most adults, though we are divided on certain sub-issues in the incest context; and we are highly skeptical of criminalization in the non-payment of child support context, though concede that more research needs to be done on just how effective criminalization is in achieving compliance. The only area in which we are more or less unconflicted about criminalization is the omissions liability (duty to rescue) context - and, that is where our critics primarily aim their critiques. This Response focuses on three general points; most of the discussion of those general points, however, comes up in the context of disagreement over the scope and rationale for omissions liability. We begin by explaining how Professors Hills and O\u27Hear tend to overstate our commitment to voluntariness as a basis for allocating criminal law liability. Second, we address their concern regarding the criminal law\u27s ability to shape people\u27s care-giving choices. Third, we discuss what our commitment to criminal law minimalism requires when it comes to designing family ties burdens. While some differences persist, we hope our Response clarifies a few features of our argument and at the same time narrows the gap between our positions and those of Professors Hills and O\u27Hear

Rethinking Criminal Law and Family Status

In our recent book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (OUP 2009), we examined and critiqued a number of ways in which the criminal justice system uses family status to distribute benefits or burdens to defendants. In their review essays, Professors Alafair Burke, Alice Ristroph & Melissa Murray identify a series of concerns with the framework we offer policymakers to analyze these family ties benefits or burdens. We think it worthwhile not only to clarify where those challenges rest on misunderstandings or confusions about the central features of our views, but also to show the deficiencies of the proposed alternatives. While we appreciate and admire the efforts of our critics to advance this important conversation, we hope this Essay will illuminate why the normative framework of Privilege or Punish remains a more helpful structure to policymakers assessing how family status should intersect with the criminal law within a liberal democracy such as our own

Patient Preference for Light‐Cured Composite Bite Splint Compared to Heat‐Cured Acrylic Bite Splint

Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/141547/1/jper1108.pd

Keynote Remarks: Re-Tooling Law and Legal Education for Food System Reform: Food Law and Policy in Practice

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well