Enhancing Public Access to Agency Law

A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. Although detailed and sometimes technical, these recommendations can be encapsulated in one simple, succinct principle: All legal materials that agencies are obligated to disclose upon request under the Freedom of Information Act should be affirmatively made accessible to the public on agency websites. Our specific recommendations fall into three main categories: clarification and expansion of the types of legal materials that agencies must disclose affirmatively; specification of the methods of disclosure that will ensure ready accessibility to the public; and establishment of mechanisms that will help ensure agency compliance with these affirmative disclosure requirements. If a democratic government is to be truly transparent, then all its legal materials should be easily available to the public. Congress should take the steps needed to ensure that administrative agencies more consistently and affirmatively disclose all their legal materials in a manner accessible to all

Disclosure of Agency Legal Materials

This proposed recommendation identifies statutory reforms that, if enacted by Congress, would provide clear standards as to what legal materials agencies must publish and where they must publish them (whether in the Federal Register, on their websites, or elsewhere). The amendments would also account for technological developments and correct certain statutory ambiguities and drafting errors. The objective of these amendments would be to ensure that agencies provide ready public access to important legal materials in the most efficient way possible. Professor Bernard W. Bell (Rutgers Law School), Professor Cary Coglianese (University of Pennsylvania Law School), Professor Michael Eric Herz (Benjamin N. Cardozo School of Law), Professor Margaret Kwoka (Ohio State University Moritz College of Law), and Professor Orly Lobel (University of San Diego School of Law) are serving as the consultants for this project. Professor Kwoka is serving as the lead consultant. An Ad Hoc Committee, co-chaired by Public Member Aaron Nielson and Government Member Roxanne Rothschild, considered this project in spring 2023

Affirmatively Disclosing Agency Legal Materials

Administrative agencies’ law-generating powers have long been recognized, as has the importance of making agency-generated law available to the public. In 1971, the Administrative Conference of the United States (ACUS) recommended that “agency policies which affect the public should be articulated and made known to the public to the greatest extent feasible.” Over the years, ACUS has adopted numerous recommendations to that end

Estrogens and aspects of prostate disease

Estrogens have long been associated with the processes involved in prostate carcinogenesis, particularly in cancer suppression. However, the synergistic influence of low concentrations of estrogens, together with androgens, in promoting aberrant growth of the gland has also been recognized. As new insights into the complex molecular events implicated in growth regulation of the prostate are revealed, the role of the estrogens has become clearer. The present review considers this role in relation to the pathogenesis of prostate cancer and the potential cancer-repressive influence of the dietary estrogens

Illness in Long-Term Travelers Visiting GeoSentinel Clinics

Length of travel appears to be associated with health risks

Gender and leadership aspiration: The impact of work-life initiatives

Despite the increase in female leaders, women still remain a minority. As aspiration, defined as the interest for achieving a leadership position, is one predictor of advancement, it is important to understand conditions fostering female leadership aspiration. Because women face more domestic and child care responsibilities, we predict that there is an interaction between gender and work–life initiatives. These initiatives help employees balance their work and private life through simplifying the integration and diminishing tension between the two spheres. Because the work–life interface poses greater challenges for women, we hypothesize that work–life initiatives have a stronger influence on women's leadership aspiration. Results of a survey of N = 402 employed men and women supported this hypothesis. The interaction effect of gender and work–life initiatives on leadership aspiration was positive, implying that women's leadership aspiration is more influenced by work–life initiatives. Our other hypothesis which states that work–life initiatives—regardless of gender—are positively related to leadership aspiration was supported. Hence, men's leadership aspiration also was positively influenced by the availability of such initiatives. This study suggests that by implementing work–life initiatives, such as flexible work arrangements, leaves of absence, or on-site child assistance, organizations may encourage leadership aspiration for both genders. Our data show that the interaction effect of gender and work–life initiatives was positively related to leadership aspiration, but this may particularly hold true for women

Brief of Amici Curiae 56 Professors of Law and Economics in Support of Petition of Writ of Certiorari

28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant forum shopping, particularly by patent trolls. 44% of 2015 patent lawsuits were filed in a single district: the Eastern District of Texas, a forum with plaintiff-friendly rules and practices, and where few of the defendants are incorporated or have established places of business. And an estimated 86% of 2015 patent cases were filed somewhere other than the jurisdictions specified in the statute. Colleen V. Chien & Michael Risch, Recalibrating Patent Venue, Santa Clara Univ. Legal Studies Research Paper No. 10-1 (Sept. 1, 2016), Table 3. This Court should grant certiorari to review the meaning of 28 U.S.C. § 1400(b) because the Federal Circuit’s dubious interpretation of the statute plays an outsized and detrimental role, both legally and economically, in the patent system

Brief of Amici Curiae 56 Professors of Law and Economics in Support of Petition of Writ of Certiorari

28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant forum shopping, particularly by patent trolls. 44% of 2015 patent lawsuits were filed in a single district: the Eastern District of Texas, a forum with plaintiff-friendly rules and practices, and where few of the defendants are incorporated or have established places of business. And an estimated 86% of 2015 patent cases were filed somewhere other than the jurisdictions specified in the statute. Colleen V. Chien & Michael Risch, Recalibrating Patent Venue, Santa Clara Univ. Legal Studies Research Paper No. 10-1 (Sept. 1, 2016), Table 3. This Court should grant certiorari to review the meaning of 28 U.S.C. § 1400(b) because the Federal Circuit’s dubious interpretation of the statute plays an outsized and detrimental role, both legally and economically, in the patent system