Free Essay

Five Legal Theories

In: Other Topics

Submitted By DIAMOND72
Words 638
Pages 3
Revised medical criteria for evaluating mental disoders

1. I pick the Social Security Administration for this assgniment, it is a federal government agency. Am interested in the Revised medical criteria for evaluating mental disoders proposal due to the fact that the Social Security Administration affect the lives of most Americans and proposed changes will impact many citizens. The proposed regulation will not affect me or affect my business, because am into car retailing business and the proposed Social Security regulation does not have direct impact on the retailing business.

2. A proposal to revise the criteria impairment listings used to evaluate mental disorders in adults and children pursuant to Titles II and IVI of the Social Security Act. This proposal also includes removal of certain sections of the regulations and include them in other sections of the Social Security Administration regulations. The reason for the proposed changes is the result of adjudicative experience and advances in medical knowledge recommended in a commissioned report and comments from experts of the field and the public.

3. As an uncle to a child with a mental disorder and this child is also receiving Social Security benefits, I am in agreement with the proposed changes. The revision stating that the Social Security Administration will recognize non-physician sources, such as therapists and social workers will be helpful in assisting claimants in the future. As stated in the proposed changes, these non-physician professionals provide a claimant's history and longitudinal evidence about functioning over a period of time. The needs of the mentally disabled in our society, is growing by the day and there is need for more provision for them from the Social Security Administration.

4. The deadline by which the public comment must be made is by 11/17/10 11:59pm EST.

5a. 5 USC 553 states that "each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule". The Aministrative Procedure Act does not state how the issuance, amendment, or repeal of a rule should be done but it gives the public an opportunity to participate in the rulemaking process. After the deadline for the comments has expired, the document will then be published in the Federal Register for additional comments which is usually a 30days period. These leaves room for the rules to be challenged in court by some of the people who commented on the rules during the proposal stage. After the comment period, the agency then decides if to simply adopt the new rules, to modify the proposed rules, or to withdraw the rule.

5b. Five legal theories that could be used to argue in an attempt to have the regulation dropped:
1) The first ground used to challenge an agency rule is to say that it is arbitrary, capricious, an abuse of discretion, or it in violation of other laws.
2) The second theory used to challenge an agency's regulation is to say that the regulation is not supported by enough evidence.
3) The third ground on which an agency's rules can be challenged is if the agency did not follow APA requirements of notice, publication, and public comments.
4) Also, another ground on which an agency's rules can be challenged is when the regulation is unconstitutional, that is when it impose discriminatory requirements on licensed professionals.
5) Lastly another theory that can be used is when the court is ultra vires, that is when it goes beyond its powers to enable the agency.

5c. I believe the most effective way to challenge the proposed regulation would be to use the second theory. That is to prove that the agency's regulation is not supported by enough evidence. I can easily prove that more convincing evidence exit against the proposed regulation.

Similar Documents

Free Essay


...defined as the application of psychological knowledge to the legal system (Bartol & Bartol, 2012: 6). The concept of forensic psychology can be misunderstood, because the definition does not explain much. The easiest way to explain forensic psychology is to break it down into its subspecialties and describe where psychological knowledge can be applied. There are five subspecialties of forensic psychology, namely police psychology, psychology of crime and delinquency, victimology and victim services, legal psychology and correctional psychology. I will discuss legal psychology and correctional psychology. · Legal psychology Legal psychology is the study of human behavior relevant to the law. This subspecialty of forensic psychology consists of those theories that describe, explain and predict human behavior by reference to the law. Bartol & Bartol (2012) described that early in a case when attorneys are preparing for a trial and gathering information psychologist can be called in to testify. Main roles of a forensic psychologist in the USA includes, acting as a consultant to law enforcement, acting as trial consultants (jury selection, case preparation and pre-trial publicity), presenting psychology to appeal courts, doing forensic assessment and acting as an expert witness (insanity defense, competence to stand trial, sentencing, eyewitness identification and child custody etc.) Expert witness as a role in legal psychologist A major role for forensic psychologist is to......

Words: 1988 - Pages: 8

Premium Essay

Administrative Agency

...Administrative Agency Week 2 Assignment MGMT 520 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? The regulation I have decided to follow is governed by the U.S. Fish and Wildlife Service. As an avid animal lover, I am very interested in the regulations proposed by the U.S. Fish and Wildlife Services. This particular proposal surrounding chimpanzees is close to my heart since there are a great number of laboratories performing testing on chimpanzees every day. Chimps often die as a result of the testing being performed. Chimpanzees are becoming more endangered both in the wild and in captivity. While this proposed regulation has no direct effect on my current business, there would be indirect effects relating to the laboratory experiments or lack thereof. If laboratories were unable to use chimpanzees to test medications and make up for example, there could be a decrease in the production of these products. A decrease of production in these products could result in higher costs for the consumer. 2. Describe the proposal/change. (10 points) The U.S. Fish and Wildlife propose that all chimpanzees, both wild and in captivity, be placed on the endangered species list. After a 5 year review of the species, it has been determined that there should be no distinction between wild and...

Words: 1243 - Pages: 5

Free Essay


...Week 2 Homework – GM520. 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Department of Agriculture Agricultural Marketing Services The proposal interests me because it deals with businesses who voluntary want their plants inspected against USDA guidelines for diaries. This is interesting because I would think each dairy would be required to be inspected and not voluntary. Being that the fee may rise and the inspection is voluntary then most likely those businesses will pass the cost onto consumers. This could potentially affect my clients who have children and need dairy products to meet their babies’ daily needs. I hope to safely assume all dairies would want to be inspected and graded according to USDA guidelines in the event something of bad product being introduced to the public. 2. Describe the proposal/change. The proposal increases the fee for business who wants their dairy plants inspected against USDA inspections and grading services. These fees were last adjusted in 2006. According to the regulation, “despite the adoption of technologies that have improved services, additional changes in operations that enhanced efficiencies, and reduced employee numbers, increases in salaries, technology investments, and general inflation have more than offset savings resulting in the...

Words: 1154 - Pages: 5

Premium Essay

Critical Race Theory

...Introduction Richard Delgado and Jean Stefanic in their book Critical Race Theory (CRT) address different issues but the main focus was the product of social thought and power in our society through the scope of race and racism Delgado, & Stefancic, 2001). Critical race theory is a movement that both scholars and activists from different countries like Australia, Canada, India, England and Spain are involved in an attempt to address what they feel is one of society problem not only in the United States but also other countries: Race and its implication on society. The book challenges a different range of racial thinking by drawing ideas from a wide scope of modern scholars thoughts on CRT and the prevalence of racial inequality in...

Words: 1044 - Pages: 5

Premium Essay

Law of Business Association

...LST2LBA: Law of Business Association Semester 3- 2012 Student’s Name: Wu Tingting Student’s ID: wuttd101 QUESTION 1 Legal Issue: 1. Whether Toan has eligible to bid at this auction 2. At this auction. Toan represent company or individual 3. whether Toan has breach of the government’s policy and laws containing that policy Relevant Rules of Law No matter how many shareholder exist in a company, there is a Under S119 separate legal entity between the company and its member. Like the case Saloman v Saloman& Co Ltd. Under S119 a company comes into existence as a body corporate at the beginning of the day on which it is registered with the name specified in its certificate of registration. Under S124 a company has the legal capacity and power of an individual both in and outside this jurisdiction. Four consequences from separate legal entity 1. there is a distinction between private and company debt. 2. there is a distinction between private and company assets. 3. a company can contract with its member. 4 a company can be liable in tort to a member. A company is recognised as a separate legal entity, it is possible for the ,members of a compang to enjoy limited liability. Put anotherway- the doctrine of separate legal entity. The liabili belong to the company and in a limited liaility company, the members’ liability is limited to the amount unpaid on the shares or the amount of the guarantee given by the......

Words: 1019 - Pages: 5

Free Essay

Administrative Regulation

...Week 2 Homework-Administrative Regulations K’Asha Nesbitt November 9, 2013 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? The Department of Health and Human Services as well as the Food and Drug Administration controls the regulation. This particular regulation interests me because I am a Systemic Lupus Erythematous (SLE) patient and I have been suffering from this illness for over 10 years. There is a chance that somewhere in the near future I could develop Lupus Nephritis (LN) (renal disease stemming from SLE). Yes, this regulation could affect me in a positive manner. If the FDA approves treatment and new drugs to help suppress SLE, this could mean less people will develop LN. 2. Describe the proposal/change. The proposal is to create guidance for unmet medical needs for more effective and less toxic treatments. This proposal will help to develop human drugs, therapeutic biological products and medical devices for the treatment of Lupus Nephritis caused by Systemic Lupus Erythematous (SLE). 3. Write the public comment that you would have written. Explain briefly what you wish to accomplish with your comment. My comment is that more people are developing this debilitating disease and there aren’t many drugs and treatments that help to suppress the inflammation. I was......

Words: 836 - Pages: 4

Free Essay

Gm 520 Week 2

...effective in protecting from UV Rays or exposure. 2. Describe the proposal/change.  The proposal/change is requesting additional information from sunscreen manufacturers to include in studies regarding sunscreens and their dosages/ingredients to be a part of the OTC review and monograph studies. These studies would serve as indicators to advise if sunscreens are being sold with the proper approval, contain the specified ingredients which have been permitted, and specify if they are effective. There are certain ingredients which are not subject to pre-approval by the FDA. However, there are some which are allowed and those that are restricted for usage as a safety precaution or environmental factors. If there are any violations, legal action may be pursued. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment.  I am in favor of the proposed change. I believe the FDA should take a part in verifying sunscreens and lotions. I say this because examining the product’s ingredients would help to ensure the safety and effectiveness of the product to the...

Words: 1053 - Pages: 5

Premium Essay


................................................... 4 Part I: Macro Environmental Analysis of BP business in the USA after the Gulf of Mexico Oil Spill ............ 5 Political Analysis .............................................................................................................................. 5 Economical Analysis ......................................................................................................................... 5 Social Analysis.................................................................................................................................. 6 Technological Analysis ..................................................................................................................... 6 Legal Analysis................................................................................................................................... 7 Environmental Analysis...

Words: 3733 - Pages: 15

Free Essay

Irs User Fee

...IRS User Fee 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you. The Internal Revenue Service (IRS) controls the User Fees Relating to Enrollment and Preparer Tax Identification Numbers. This regulation is found in the Federal Register. A copy of the regulation is included as a separate .PDF document. As a tax preparer this regulation interests me. This will increase my cost of doing business. 2. Describe the proposal/change. The proposed fee for the Personal Tax Identification Number (PTIN) will increase my costs of doing business. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. My comment is that as a tax preparer in California, I already pay tax preparer fees to the state regulatory agency, California Tax Education Council. This new fee for using a PTIN, which I have used for over ten years, will increase my cost of doing business. This cost may have to be passed on to customers in what is already a tight economy. I wish to be exempt from this new......

Words: 749 - Pages: 3

Premium Essay

Mhm 501 Management and Organizational Behaviors

...April 2008 After carefully reading through the Module background material, and this article, please answer (in at least 3 pages), the following questions: 1. Identify at least two different management theories 2. From each of these these theories, pick out two "universal" management principles/skills that you believe are and should be implemented in any current high level management role. 1) Management Theories: Bureaucracy and Administrative a) Bureaucracy- as the most logical and rational structure for large organizations, are founded on legal or rational authority based on law, procedures and rules. Positional authority of a superior over a subordinate comes from a legal authority. Charismatic authority stems from the personal qualities of an individual (Allen, 1998) Max Weber postulated that western civilization was shifting from “wertrational” (value oriented) thinking, affective action (action derived from emotions), and traditional action (action derived from past precedent to “zweckational” (technocratic) thinking. Weber believed that civilization was changing to seek technically optimal results at the expense of emotional or humanistic content (Kerns, D.) Efficiency in bureaucracies comes from: (1) clearly defined and specialized functions; (2) use of legal authority; (3) hierarchical form; (4) written rules and procedures; (5) technically trained bureaucrats; (6) appointments to positions based on technical expertise; (7) promotions based on......

Words: 827 - Pages: 4

Free Essay

Mgmt 520 Week

...Legal, Political, Ethical Dimns Of Business Assignment For Week - 2 Questions: 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? The administrative agency that I could like to talk through this assignment that control the regulations is related with “The Social Security Administration” 1 (Library), and the proposed regulations is connected with “Amendments to Regulations Regarding Withdrawal of Applications and Voluntary Suspension of Benefits”. 2 (Jr.)I decided to talk about this administrative agency because as most of us deal with it and some way or the other someone in our family will be affected by the proposed rules. The true is that this rule does not have too much relationship with my current job. My area of focus will be related how this rules could have affected my family or myself few years ago. Taking this in consideration I would like to mention that this rule is an old rules, that had take action few years ago and also it’s so interesting to know how can people had a limit period of applying and taking their right away. 2. Describe the proposal/change. (10 points) According to this proposed regulations they are limiting the time for the withdrawal of old age benefits applications. This rule allows only one withdrawal for lifetime and also limits the......

Words: 1160 - Pages: 5

Premium Essay

Public Administration

...Midterm Essay: Classical Organizational Theory Liberty University February 5, 2014 Midterm Essay: Classical Organizational Theory "Classical Organizational Theory deals with the 'systematic processes necessary to make bureaucracy more efficient and effective.' Name three scholars that are credited with the development of classical organization thought that most correctly fit into this definition of Classical Organizational Theory. What were the basic arguments articulated by each in their contributions to the development of Classical Organizational Theory?" Classical organizational theory supports two views. Scientific management which focuses on managing work and employees and administrative management which addresses issues which affects the how the organization should be structured. (Classical School of Management, 2011). There are a few contributors to the classical organizational theory, Frederick Taylor focused on scientific management and Henri Fayol, Max Weber and Luther Gulick are known for the their theories on the administrative management portion. Frederick Taylor was born on March 20. 1856 in Pennsylvania, after his studies in Europe he had plans of attending Harvard but did not pass the entrance exams. Taylor instead worked as a pattern maker at a pump manufacturing company in Philadelphia. His techniques and managerial practices were adopted in the United States and the world in the 20th century. His principles of management emphasized the control......

Words: 1089 - Pages: 5

Premium Essay

Marth Stewart's Case

...31, ImClone's shares opened at $45.39 per share. That difference in price would have cost Stewart about $51,200 if she sold first thing that morning. However, she was not prosecuted for insider trading, which was the original focus of the government's investigation. She pleaded not guilty and pledged to fight the charges. Although the charges of securities fraud were thrown out, Stewart was found guilty of four counts of obstruction of justice and lying to investigators. She was sentenced to five months of prison, five months of house arrest, and two years of probation. ImClone case was showing unethical and socially irresponsible behavior by business executives. They are in positions of power that allow them to do damage to others. This paper will evaluate the case above thoroughly, start from the prosecution’s arguments, the defense’s arguments. Analysis will be made using four ethical theories; Rights, Justice, Utilitarianism, and Profit Maximization. Prosecution’s Arguments Five counts have been filed against Stewart. The indictment against Stewart begins with a conspiracy count andalleges that Stewart and Bacanovic conspired to obstruct justice, make false statements, and commit perjury. Prosecution states that Stewart lied to investigators during their investigation, declaring herself innocent of...

Words: 2980 - Pages: 12

Premium Essay

Legal Issues in Reduction of Workforce

...Running head: LEGAL ISSUES IN REDUCTIONS OF WORKFORCE: FASTSERVE INC. Legal Issues in Reductions of Workforce: FastServe Inc. FastServe Inc. is a $25 million dollar company that markets sports apparel. Recently FastServe has ventured into marketing their sports apparel online which had a negative effect and the company must now layoff employees. Employees were notified that there would be a restructure of jobs and specific areas were restructured to provide the best outcome for the company. All employees employee’s evaluations for the last two years would be looked at to make a decision on which employees would be terminated and which employees would have their jobs restructured. The sections of the evaluations that were looked at were: job performance, productivity, skills valuable to the company, academic training, and absenteeism. This paper will identify the five candidates selected by the simulation and the choices made by terminating three of the five. These three terminations will align with the interests of the organization and the legal risks of terminating these individuals. Issue and Opportunity Identification FastServe’s five candidates for dismissal are: Carl Haimes, Brian Carter, Sarah Boyd, Nora Manson, and Jenny Mills. The concepts that would affect the decision to terminate these FastServe employees would be discrimination. Each of the five employees has been discriminated against in different ways. |Candidates for dismissal. ...

Words: 1661 - Pages: 7

Premium Essay


...Week 2 Homework – GM520 Brad Booth 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests 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 Dropbox: (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 Department of Alcohol, Tobacco, Firearms and Explosives – I am a firearms dealer and wonder how the Firearm regulation will affect my sale of guns. This will affect me who I can sell guns to and the cost of background checks. 2. Describe the proposal/change. (10 points) The change will require people to do a more extensive background check and depending on the background it will disqualify them on getting a weapon and affect how many guns I can sell. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) I wish to have them reconsider this new rule by at least putting some additional provisions in place to protect the......

Words: 777 - Pages: 4