Rulemaking

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    Free Speech Rights

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    Judiciary Assignment Free speech has always been a problem, on the internet or in real life. However, it is extremely complicated in the virtual world. Free speech rights make sure people are allowed to freely express their opinions and emotions. With the help of social media, more voices are heard, similarly, insulting words are spread further. It seems that not many people know their limits and use the free speech exercise to say anything they want, without thinking about the consequences.…

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    Obama Immigration Reform

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    Immigration is the act of movement of people from their country to another one so that they can have a better life and working conditions. Majority of immigrants come to this country so they can work and don’t mind taking those law wage labor jobs because they will do whatever they can to take care of their families back home. There has been a huge immigration debate and political differences on immigration reforms in the U.S Government. Which lead President Obama to take executive actions on…

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    Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984) reports “when a federal court must defer to an agency’s interpretation of the statute it administers.” In United States v. Mead Corp., “when the agency does not invoke its rulemaking authority sufficiently to merit Chevron deference, for example in an unpublished decision, a lower form of deference under Skidmore, supra, still may apply, in which deference is accorded commensurate with the merits of the agency…

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    Telecommunications act says the internet should be unfettered by state or federal regulation. They state that the rules have discouraged investments. They state that it stifles small business with reporting and restrictions. The FCC notice of proposed rulemaking largely concurs with ISPs demands (Pai, 2017). It would reinstate the information service classification of broadband internet access. It would eliminate the vague internet conduct standard. It would return the FCC to a ‘light touch…

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    Tetanus Immunizations

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    immunization be an acceptable prophylactic following an injury while other immunizations and vaccines would not be? Given there are a few requests for interpretations, it may not be clear to others as well. After further reading of the record of rulemaking, the intent for the inclusion of tetanus immunizations becomes apparent. In the clarification OSHA contends “immunizations and inoculations that are provided for public health or other purposes, where there is no work-related injury or…

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    The FCC, with Ajit Pai as the current chairman, is trying to repeal the Title II net neutrality regulations. “At the May 18, 2017 Open Commission Meeting, the Commission adopted a Notice of Proposed Rulemaking that proposes to restore the Internet to a light-touch regulatory framework by classifying broadband Internet access service as an information service and by seeking comment on the existing rules governing Internet service providers' practices” (FCC Initiatives). Broadband providers are…

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    Benefit Exchange identified prevention as one mechanism required to implement wellness programs. However, PPACA only laid out a broad vision for incentives for wellness programs through payment methodologies, but with no details provided until future rulemaking" (ACA, Section 1311(g). "Act 48 expands the PPACA vision by adding goals of cost containment, improved health outcomes, and member satisfaction to language on plan payment incentives" (Act 48, amending 18…

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    Programmatic NEPA Review

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    immersed in all the details of future site- or project-specific proposals.” Moreover, it adds that “using programmatic and subsequent tiered NEPA review effectively will allow for a focused review at the proper level.” Some examples given are: “rulemaking at the national or regional level; adoption of an agency-wide policy; or redesign of an existing program”. (Page…

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    several drawbacks. For instance, there is an absence of constitutional and administrative law norms in the private sector#. Federal administrative law seldom places any constraints on, except to formally constituted advisory committees and negotiated rulemaking committees, any private sector entities regardless of their association with government agencies^#. Critics claim privatization raises additional problems for accountability and popular sovereignty when outsourcing governmental…

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    Obamacare: A Case Study

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    Medicaid insurance. Overall, Obamacare will increase business and the use of services, which will most likely cause a decrease in the cost of health care services. Policy implementation: The beginning phase for the implementation of Obamacare is rulemaking. In this process the rules and regulations of Obamacare were developed. Every level of government is involved with the making of Obamacare, but the executive branch plays the primary role. Even though Congress passed Obamacare and president…

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