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Articles 1 - 30 of 346
Full-Text Articles in Entire DC Network
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry
Nevada Supreme Court Summaries
The Court considered an appeal from a First Judicial District Court order that found a proposed initiative violated NRS 295.009’s single-subject rule and prohibited its placement on the 2010 general election ballot.
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill
Nevada Supreme Court Summaries
District court’s denial to review administrative hearing affirmed because claimant’s condition satisfied the statutory requirements.
Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48, Sean W. Mcdonald
Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48, Sean W. Mcdonald
Nevada Supreme Court Summaries
No abstract provided.
Undoing Undue Favors: Providing Competitors With Standing To Challenge Favorable Irs Actions, Sunil Shenoi
Undoing Undue Favors: Providing Competitors With Standing To Challenge Favorable Irs Actions, Sunil Shenoi
University of Michigan Journal of Law Reform
The Internal Revenue Service occasionally creates rules, notices, or regulations that allow taxpayers to pay less than they would under a strict reading of the law. Sometimes, however, these IRS actions are directly contrary to federal law and have significant economic impact. Challenging favorable IRS actions through litigation will likely be unsuccessful because no plaintiff can satisfy the requirements for standing. To address this situation, this Note proposes a statutory reform to provide competitors with standing to challenge favorable IRS actions in court.
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
Elisabeth Haub School of Law Student Publications
Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …
A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp
A "New" Fiduciary Duty For Stockbrokers? Keeping The Dodd-Frank Rule Debate In Perspective, Robert N. Rapp
Robert N Rapp
No abstract provided.
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Federal Communications Law Journal
Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.
The Future Of Digital Communications Research And Policy, Scott Wallsten
The Future Of Digital Communications Research And Policy, Scott Wallsten
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Changing Patterns Of Internet Usage, Christopher S. Yoo
The Changing Patterns Of Internet Usage, Christopher S. Yoo
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Federal Communications Law Journal
A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …
The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee
The Challenge Of Increasing Civic Engagement In The Digital Age, Nicol Turner-Lee
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield
The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
Federal Communications Law Journal
In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …
Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami
Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami
Federal Communications Law Journal
There has been considerable scholarship exploring the need to breathe deliberative life back into the localism standard by requiring broadcasters to include more meaningful local news and public affairs programming, pursuant to the public interest obligations imposed on radio licensees. There has been little scholarly attention, if any, however given to broadening understandings of localism to include music and popular cultural expression for the purpose of furthering deliberative discourse in particular, rather than solely for entertainment purposes. This Article focuses on a particular moment in radio and America's cultural history that was rife with struggles over constructions of identity, and …
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
Technology Convergence And Federalism: Who Should Decide The Future Of Telecommunications Regulation?, Daniel A. Lyons
University of Michigan Journal of Law Reform
This Article critically examines the division of regulatory jurisdiction over telecommunications issues between the federal government and the states. Currently, the line between federal and state jurisdiction varies depending on the service at issue. This compartmentalization might have made sense fifteen years ago, but the advent of technology convergence has largely rendered this model obsolete. Yesterday's telephone and cable companies now compete head-to-head to offer consumers the vaunted "triple play" of voice, video, and internet services. But these telecommunications companies are finding it increasingly difficult to fit new operations into arcane, rigid regulatory compartments. Moreover, services that consumers view as …
Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley
Chicago-Kent Law Review
The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with the Clean …
The Visible Hand: Coordination Functions Of The Regulatory State, Robert B. Ahdieh
The Visible Hand: Coordination Functions Of The Regulatory State, Robert B. Ahdieh
Faculty Scholarship
We live in a coordination economy. As one surveys the myriad challenges of modern social and economic life, an ever increasing proportion is defined not by the need to reconcile competing interests, but by the challenge of getting everyone on the same page. Conflict is not absent in these settings. It is not, however, the determinative factor in shaping our behaviors and resulting interactions. That essential ingredient, instead, is coordination.
Such coordination is commonly understood as the function of the market. As it turns out, however, optimal coordination will not always emerge, as if led “by an invisible hand.” Even …
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Administrative Law, Martin M. Wilson, Jennifer A. Blackburn
Mercer Law Review
Even in tough economic times, the work of administrative agencies seems to continue with particularly robust growth at the state level. The number of contested agency cases seems to be rising, even those involving the most trivial details. Although the idea of more government is not fashionable in most corridors, higher levels of activity by existing governmental agencies will be the norm until the state's economic picture achieves measurable improvement.
This Article is a survey of cases from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2009 through May 31, 2010. The cases chosen for review …
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
Federal Communications Law Journal
After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …
Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele
Examining The Fcc's Indecency Regulations In Light Of Today's Technology, Elizabeth H. Steele
Federal Communications Law Journal
Indecency regulations promulgated by the FCC used to be effective, but today's technological advances call those regulations into question. With the prevalence of digital video recorders and the availability of television shows on the Internet, children have unprecedented access to material broadcast at all times of day. As a result, the "safe harbor" rationale restricting the broadcast of indecent material no longer makes sense. A move toward deregulation is the most logical step to take, as it would prevent any First Amendment violations and would allow the networks freedom to broadcast material that the public may be interested in without …
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Federal Communications Law Journal
The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …
Tilted Versus Reasonable Interpretation Of Tax Law, Steve R. Johnson
Tilted Versus Reasonable Interpretation Of Tax Law, Steve R. Johnson
Scholarly Publications
In part, Interpretation Matters is about the craft of advocacy, how statutory interpretation arguments can be effectively made – and effectively countered – in state and local tax cases. For example, when one’s opponent in such a case invokes one or another of the canons of construction, how is that canon to be blunted?
One strategy we often have explored is fighting fire with fire – that is, identifying and asserting another recognized canon that leads to an opposite conclusion. One of the most famous articles on statutory interpretation arrayed dozens of pairs of canons that seemingly contradict each other. …
Jettisoning Chevron, Linda Jellum
For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel Lyons
For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel Lyons
Daniel Lyons
No abstract provided.
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
All Faculty Scholarship
Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of the management literature on the product life cycle, dominant designs, technological trajectories and design hierarchies, and the role of complementary assets in determining industry structure. This analysis suggests that many of these business practices may represent nothing more than a reflection of how the nature of competition changes as industries mature. This in turn suggests that network neutrality …
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García
Bruno L. Costantini García
De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades …
Administrative Law, Wiley W. Manuel
Administrative Law, Wiley W. Manuel
Cal Law Trends and Developments
The year 1969 produced little in the way of legislation affecting administrative law, and the cases reviewing administrative action noted here are not necessarily included because they indicate anything new, but because they indicate someone did not understand what is old. The decisions of the Department of Motor Vehicles, in particular, have been the subject of most of the litigation during the past year. These cases present most clearly the struggle of the courts to evolve some unifying principles in the application of the law to the driver who drinks. Not all the cases are in harmony, but trends seem …
Administrative Law, Wiley W. Manuel
Administrative Law, Wiley W. Manuel
Cal Law Trends and Developments
In the period from October 1967 to October 1968, the field of administrative law has continued to receive attention by the appellate courts. In the area of case law the emphasis in the past year has centered on proceedings held by the Department of Motor Vehicles arising out of the so-called implied consent law. These cases have resulted in refinements in the statement of certain constitutional principles, the recognition of newer methods to promote traffic safety, and more definitive applications of administrative law concepts. In the field of legislation, although many statutes were passed affecting administrative agencies, most of the …
¿Volviendo Al Control De Precios?, Diferenciando Entre Regulación Y Supervisión: Un Enfoque Comparativo Con La Libre Competencia, John Pineda Galarza, Héctor Figari Costa
¿Volviendo Al Control De Precios?, Diferenciando Entre Regulación Y Supervisión: Un Enfoque Comparativo Con La Libre Competencia, John Pineda Galarza, Héctor Figari Costa
John Pineda Galarza
El presente trabajo busca analizar el fundamento teórico de cuando se puede fijar precios y aplicarlo al mercado de las Administradoras de Fondos de Pensiones (AFP), a fin de determinar la necesidad de regular las comisiones que cobran estas por concepto de administración de fondos de los afiliados. El análisis del mismo se desarrollará bajo la óptica de las normas del Libre Mercado y Libre Competencia, identificando y diferenciando entre supervisión y regulación