Digital Commons Network^™

The European Company, Pieter Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

The Challenge Of Regulatory Excellence, Cary Coglianese

All Faculty Scholarship

Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence of the sharing economy, and the potential hazards of synthetic biology and other innovations. Faced with these challenges, regulators need a lodestar for what constitutes high-quality regulation and guidance on how to improve their organizations’ performance. In the book Achieving Regulatory Excellence, leading regulatory experts …

Life Coaching -- Rising In Popularity Should It Be Regulated? A Look Into The Life And Work Of Emerging Life Coaching Star Gina Devee, Victoria R. Edwards

Capstones

The lifestyle and business coaching field is an international industry that grosses more than $2 billion, but it has no outside regulation. Some critics worry that without regulation harm can be brought to clients, but others say regulation would bring too much restriction into this growing industry.

Regulation Of Recreational Marijuana In Small Cities And Counties In Colorado, Katherine Nesse, Colin Victory

SPU Works

In November 2016 the number of states where recreational marijuana sales are legal increased to eight. Thousands of cities and counties are now on the front lines of regulating these new land uses. Local governments in Colorado, the first state to implement recreational marijuana legalization, are models for jurisdictions in other states. We study counties and municipalities in the eight micropolitan statistical areas in Colorado to learn how they regulate recreational marijuana businesses. We reviewed codes, ordinances, and other documents of 43 local governments and interviewed planners in a third of these jurisdictions. These places were purposefully selected and reflect …

Elections Matter: The Politics Of Prosecuting Deceptive Advertising In Wisconsin, Courtney Vander Veen Mich

Theses and Dissertations

This study examines the causal relationship between ideology and regulation. Specifically,

this study looks at the relationship between Wisconsin elected officials and their political party in relation to the level of enforcement of the Wisconsin deceptive advertising statute. The study analyzed 79 Wisconsin cases prosecuted for deceptive advertising from 2003 through 2014. The 79 cases occurred over the span of three different governor and attorney general four-year periods.These cases were analyzed for outcomes and the number of cases prosecuted during each of the three four-year periods present in Wisconsin. Fifty-six of the 79 cases were analyzed further for the number …

The Nordic Model Of Broadcasting Liberalization, Olof Hulten

Irish Communication Review

No abstract provided.

The Transatlantic Oarsmen Cooperative: Doubling Down On A Transatlantic Financial Regulatory Regime, Joselyn Muhleisen

Dissertations, Theses, and Capstone Projects

This project argues that, in the wake of the 2007-09 financial crisis, the United States (US) and European Union (EU) are doubling down on finance-led domestic growth strategies and that this is their goal in constructing a transatlantic financial regulatory regime. The regime’s goal privileges the input of industry actors over other civil society actors. The construction of this regime is in response to pressure from emerging markets and to service domestic industry actors after the financial crisis. The regime is intended to allow the US and EU to maintain their dominance within the international financial regulatory regime and continue …

Hidden Costs And Deadweight Losses: Bundled Parking Andresidential Rents In The Metropolitan United States, C. J. Gabbe, Gregory Pierce

Environmental Studies and Sciences

There is a major housing affordability crisis in many American metropolitan areas, particularly for renters. Minimum parking requirements in municipal zoning codes drive up the price of housing, and thus represent an important potential for reform for local policymakers. The relationship between parking and housing prices, however, remains poorly understood. We use national American Housing Survey data and hedonic regression techniques to investigate this relationship. We find that the cost of garage parking to renter households is approximately $1,700 per year, or an additional 17% of a housing unit’s rent. In addition to the magnitude of this transport cost burden …

Administrative Law: The U.S. And Beyond, Cary Coglianese

All Faculty Scholarship

Administrative law constrains and directs the behavior of officials in the many governmental bodies responsible for implementing legislation and handling governance responsibilities on a daily basis. This field of law consists of procedures for decision making by these administrative bodies, including rules about transparency and public participation. It also encompasses oversight practices provided by legislatures, courts, and elected executives. The way that administrative law affects the behavior of government officials holds important implications for the fulfillment of democratic principles as well as effective governance in society. This paper highlights salient political theory and legal issues fundamental to the U.S. administrative …

Slides: The Columbia River Basin, Barbara Cosens

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Barbara Cosens, Professor and Associate Dean of Faculty, University of Idaho College of Law, Waters of the West Interdisciplinary Program

16 slides

Slides: The São Francisco Water Basin - Brazil, Vanessa Empinotti

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Vanessa Empinotti, Federal University of ABC – UFABC, Brazil

20 slides

Gamblerization Of Post-Communist Society In Central Europe, Zdeněk Szczyrba, David Fiedor, Irena Smolová

International Conference on Gambling & Risk Taking

Countries of Central European region (Czech Republic, Slovakia, Poland and Hungary) joined a new stage of their development after 1989. In these countries, there was a building process of capitalism which went in parallel with far-reaching structural economic and social changes; such as the privatization of economies, de-industrialization but also gamblerization of society. Clarifying this term, gamblerization, it could be described as the process of a continuous penetration of gaming facilities in the area accompanied by an increased availability and accessibility of gaming machines in the society. It is important to say that this process was particularly allowed owing to …

Professional Discretion And The Law: Impact Of Actuaries On The Underfunding And Decline Of Private Sector Single Employer Defined Benefit Pensions In Canada: How Many "Post Nortel" Pension Fiascos Are Brewing In Canada?, Paul Charles Walker

LLM Theses

Considering that private sector single employer defined benefit pension plans must be fully funded by law, the legal issue emanating from their systemic underfunding is whether or not actuaries have been using their discretion in a manner which is within a reasonable interpretation of the margin of manoeuvre contemplated by the legislature, in accordance with the principles of the rule of law. This thesis discusses the merits of potential legal remedies to arrest the underfunding and decline in the number of private sector single employer defined benefit pensions in Canada, including the introduction of single employer target benefit plans, increasing …

Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper

Librarian Scholarship at Penn Law

Selfish utilitarianism, neo-classical economics, the directive of short-term income maximization, and the decision tool of cost-benefit analysis fail to protect our species from the significant risks of too much consumption, pollution, or population. For a longer-term survival, humanity needs to employ more than cost-justified precaution.

This article argues that, at the global level, and by extension at all levels of government, we need to replace neo-classical economics with filters for safety and feasibility to regulate against significant risk. For significant risks, especially those that are irreversible, we need decision tools that will protect humanity at all scales. This article describes …

Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Xiaomeng Zhang

Law Librarian Scholarship

Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.

Lobbying In The Sunshine - Hiding Behind Transparency?, Albert Veksler

Articles

Lobbying in Israel was unregulated for 60 years. Scholars have decried the fact that high value is attached to the written decree, but implementation does not necessarily follow: quite a few laws have remained at symbolic level in Israel. There were two unsuccessful bills submitted to legislate lobbying regulation: first by Knesset Member (MK) Merom in 1993 and the second one by MK Naot in 2001. The bill submitted by MKs Yechimovich and Sa'ar in 2007 resulted in passing the Israeli lobbying regulations in 2008, but the Lobbyist Law displayed unexpected characteristics, and there was a 500% growth in lobbyist …

Mindfulness And Emotional Regulation As Sequential Mediators In The Relationship Between Attachment Security And Depression, Judith A. Pickard, Peter Caputi, Brin F. S Grenyer

Faculty of Social Sciences - Papers (Archive)

Depression is a significant global health issue that has previously been associated with negative early care experiences and insecure attachment styles. This has led to much interest in identifying variables that may interrupt this relationship and prevent detrimental personal, social and economic outcomes. Recent research has indicated associations between the two seemingly distinct constructs of secure attachment and mindfulness, with similar positive outcomes. One hundred and forty eight participants completed an online survey exploring a possible sequential cognitive processing model, which predicted that higher levels of mindfulness and then emotional regulation would mediate the relationship between attachment and depression. Full …

Social Practices Of 3d Printing: Decentralising Control And Reconfiguring Regulation, Luke Heemsbergen, Robbie Fordyce, Bjorn Nansen, Thomas Apperley, Michael Arnold, Thomas Birtchnell

Faculty of Social Sciences - Papers (Archive)

This paper considers the social practices of 3D printing by comparing consumer perspectives and practices with legal scholarship on intellectual property regimes. The paper draws on data gained through a mixed-methods approach involving participant observation, focus groups, and social network analysis of 3D printing file-sharing practices. It finds that while consumers display a level of naivety about their 3D printing rights and responsibilities, they possess a latent understanding about broader digital economies that guide their practices. We suggest that the social practices associated with 3D printing function through communication networks to decentralise manufacture and reconfigure legal capacities for regulation. The …

Treading The Path Of Least Resistance: Fda's Regulation Of The Subtherapeutic Use Of Antibiotics In Animal Agriculture, 1970-2015, Colleen Flynn

Harvey M. Applebaum ’59 Award

No abstract provided.

Opinion: Everyday Activities Can Teach Self-Regulation, Steven J. Howard

Faculty of Social Sciences - Papers (Archive)

The evidence is in: improving young children's self-regulation can help them onto more positive life trajectories. But how can we generate these improvements? In contrast to a growing trend called brain training, it seems there are everyday things that can yield similar benefits.

Potentiality Of A Shipbuilding Industry In South Africa: Regulation Or No Regulation, Khethukuphila Sabelo Ngubane

World Maritime University Dissertations

The shipbuilding industry is undoubtedly critical for the economic growth with the offshore market still proving to be the increasingly important market segment of the industry. The industry is labour and capital intensive. The shipbuilding’s ability to contribute towards economic growth enables developing nations to create new job opportunities for local citizens, and as a result reducing poverty. South Africa is a developing nation that is faced with a high unemployment rate of 25%, and has identified the ocean economy as a potential driver to stimulate and sustain economic growth through the marine transport manufacturing industry. However, recent figures in …

Do U.S. Firms Fly Higher When Bypassing The U.S. Capital Markets? An Investigation Of The Short-Term Performance Of Foreign Ipos, Robert N. Killins, Peter V. Egly

Economics and Finance Faculty Publications and Presentations

This paper investigates the performance of U.S. firms that partake in a foreign IPO – bypassing their domestic exchanges and raising their equity in a foreign market. The globalization of equity markets along with the increased regulations to financial markets in the U.S. has potentially led to the U.S. losing its title as the premier listing market. Using a sample of 77 U.S. based firms that totally bypassed the U.S. equity markets in their capital(equity) raising activities we are able to investigate the performance of this unique sample of firms. This investigation contributes to the literature by finding that U.S. …

Regulation Through Accreditation In Argentine Graduate Education : Regulatory Actions And Organizational Responses, Dante Javier Salto

Legacy Theses & Dissertations (2009 - 2024)

Most countries, developing as well as developed, have adopted some type of quality assurance mechanism. Argentina is neither an island nor an outlier in higher education reforms in general, and it not when it comes to graduate program accreditation in particular. This study explores the way higher education institutions, as examples of autonomous organizations, respond to a new set of regulatory policies. My specific core interest is to discover what types of responses graduate programs give to compulsory accreditation. The study incorporates analysis from the regulatory and the higher education literature, theories and findings.

Wireless Network Neutrality: Technological Challenges And Policy Implications, Christopher S. Yoo

All Faculty Scholarship

One key aspect of the debate over network neutrality has been whether and how network neutrality should apply to wireless networks. The existing commentary has focused on the economics of wireless network neutrality, but to date a detailed analysis of how the technical aspects of wireless networks affect the implementation of network neutrality has yet to appear in the literature. As an initial matter, bad handoffs, local congestion, and the physics of wave propagation make wireless broadband networks significantly less reliable than fixed broadband networks. These technical differences require the network to manage dropped packets and congestion in a way …

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

All Faculty Scholarship

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …

‘Going Out’ Or Staying In? The Expansion Of Chinese Ngos In Africa, Jennifer Yj Hsu, Timothy Hildebrandt, Reza Hasmath

Reza Hasmath