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Articles 1 - 30 of 35
Full-Text Articles in Entire DC Network
Interest Rates, Venture Capital, And Financial Stability, Hilary J. Allen
Interest Rates, Venture Capital, And Financial Stability, Hilary J. Allen
Articles in Law Reviews & Other Academic Journals
Following several prominent bank failures and as central banks continue to tighten interest rates to fight inflation, there is increasing interest in the relationship between monetary policy and financial stability. This Article illuminates one path through which the prolonged period of low interest rates from 2009-2021 has impacted financial stability: it traces how yield-seeking behavior in the wake of the Global Financial Crisis and Covid pandemic led to a bubble in the venture capital industry, which in turn spawned a crypto bubble as well as a run on the VC-favored Silicon Valley Bank. This Article uses this narrative to illustrate …
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire
Sustainable Development Law & Policy
Introduction
The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.
Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …
Underserved Communities Trashed By Plastic: Slowing The Proliferation Of Petroleum Based Products Through Stewardship Laws And Enhanced Back-End Regulatory Solutions, Joan F. Chu
Sustainable Development Law & Policy
Introduction
Plastic pollution has attracted a tremendous amount of attention and press coverage in early 2021 as evidenced in news stories; an episode of John Oliver’s show, “Last Week Tonight”; and a viral tweet from Greta Thunberg highlighting a study linking plastic pollution to human penises shrinking. These eye-catching pieces stemmed from Dr. Shanna H. Swan’s work that culminated in her book, Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race. Other articles have highlighted plastic pollution’s impact on polar bears, which causes their penis …
Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser
Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser
Articles in Law Reviews & Journals
No abstract provided.
Regulating The Digital Resonance, Hassan Salman
Regulating The Digital Resonance, Hassan Salman
Upper Level Writing Requirement Research Papers
No abstract provided.
What Role Can Regulations Play? A South African Public Law Perspective On The Potential Response Through Regulations To Constitutional Reservations About The Copyright Amendment Bill, B-13b Of 2017, Jonathan Klaaren
Joint PIJIP/TLS Research Paper Series
This working paper addresses several issues in South African law relevant to determining whether and to what extent regulations may address genuine problems in the Copyright Amendment Bill [CAB]. Regulations are of course not yet drafted for this Bill and the Bill remains a Bill and is not yet an Act. Indeed, as discussed further below, the Bill is currently under consideration in Parliament as part of a section 79 process. In addition to its focus on the CAB, this paper identifies a set of emerging South African public law issues associated with similarly situated legislation.
After a background section …
The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers
The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Court Capture, Jonas Anderson
Court Capture, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Capture — the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating — is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.
This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the …
Regulation Tomorrow: What Happens When Technology Is Faster Than The Law?, Mark D. Fenwick, Wulf A. Kaal Ph.D., Erik P.M. Vermeulen
Regulation Tomorrow: What Happens When Technology Is Faster Than The Law?, Mark D. Fenwick, Wulf A. Kaal Ph.D., Erik P.M. Vermeulen
American University Business Law Review
In an age of constant, complex and disruptive technological innovation, knowing what, when, and how to structure regulatory interventions has become more difficult. Regulators find themselves in a situation where they believe they must opt for either reckless action (regulation without sufficient facts) or paralysis (doing nothing). Inevitably in such a case, caution tends to trump risk. But such caution merely functions to reinforce the status quo and makes it harder for new technologies to reach the market in a timely or efficient manner.
The solution: lawmaking and regulatory design needs to become more proactive, dynamic, and responsive. So how …
Teaching Health Law From A Social-Ecological Perspective, Lindsay Wiley
Teaching Health Law From A Social-Ecological Perspective, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
I started teaching health law relatively recently-in the fall of 2010, just after the Affordable Care Act ("ACA") was enacted, but before much of it had been implemented. This timing has been a blessing because I started with a fresh slate rather than adding the ACA on top of a previously developed course. It has also been a curse, but ultimately I appreciate that I started teaching the course at a time when the ACA was under constant threat. The ever-evolving nature of health law means that health law teachers must always bear in mind a goal that applies to …
Comments On Omb's Interim Guidance Implementing Section 2 Of Executive Order 13,771 Reducing Regulation And Controlling Regulatory Costs, Jeffrey Lubbers
Comments On Omb's Interim Guidance Implementing Section 2 Of Executive Order 13,771 Reducing Regulation And Controlling Regulatory Costs, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
The plight of immigrant workers in the United States has captured significant scholarly attention in recent years. Despite the prevalence of discourses regarding this population, one set of issues has received relatively little attention: immigrant workers’ exposure to unhealthy and unsafe working conditions, and their corresponding susceptibility to workplace injuries and illnesses. Researchers have consistently found that immigrant workers suffer disproportionately from occupational injuries and fatalities, even when controlling for industry and occupation. Why, then, are foreign-born workers at greater risk for workplace injuries and fatalities, when compared with their native-born counterparts? This Article seeks to develop answers to that …
Deregulation, Distrust, And Democracy, Lindsay Wiley
Deregulation, Distrust, And Democracy, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Environmental, public health, alternative food, and food justice advocates are working together to achieve incremental agricultural subsidy and nutrition assistance reforms that increase access to fresh fruits and vegetables. When it comes to targeting food and beverage products for increased regulation and decreased consumption, however, the priorities of various food reform movements diverge. This article argues that foundational legal issues, including preemption of state and local authority to protect the public's health and welfare, increasing First Amendment protection for commercial speech, and eroding judicial deference to legislative policy judgments, present a more promising avenue for collaboration across movements than discrete …
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Haight Farley, Kavita Devaney
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Haight Farley, Kavita Devaney
Articles in Law Reviews & Other Academic Journals
Many tobacco company trademarks, such as MARLBORO, are extremely valuable. But valuable trademarks are often vulnerable both to copyists and to parodists. Tobacco trademarks face the additional vulnerability of onerous public health regulations, which can limit their appearance and use. When tobacco companies challenge these health regulations they do so on the grounds that the regulations violate their First Amendment speech rights. The law that is applied in these challenges is well developed, clear and predictable. When tobacco companies challenge unauthorized third-party uses of their marks, the speech rights involved are dealt with in a distinctly different manner. Under trademark …
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Farley
Considering Trademark And Speech Rights Through The Lens Of Regulating Tobacco, Christine Farley
Articles in Law Reviews & Other Academic Journals
Many tobacco company trademarks, such as MARLBORO, are extremely valuable. But valuable trademarks are often vulnerable both to copyists and to parodists. Tobacco trademarks face the additional vulnerability of onerous public health regulations, which can limit their appearance and use. When tobacco companies challenge these health regulations they do so on the grounds that the regulations violate their First Amendment speech rights. The law that is applied in these challenges is well developed, clear and predictable. When tobacco companies challenge unauthorized third-party uses of their marks, the speech rights involved are dealt with in a distinctly different manner. Under trademark …
Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson
Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Conditional Spending After Nfib V. Sebelius: The Example Of Federal Education Law, Eloise Pasachoff
Conditional Spending After Nfib V. Sebelius: The Example Of Federal Education Law, Eloise Pasachoff
American University Law Review
No abstract provided.
'Simple' Takes On The Supreme Court, Robert Tsai
'Simple' Takes On The Supreme Court, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …
Punctuated Equilibrium: A Model For Administrative Evolution, Mark Niles
Punctuated Equilibrium: A Model For Administrative Evolution, Mark Niles
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Money Market Fund Reform Viewed Through A Systemic Risk Lens, Hilary Allen
Money Market Fund Reform Viewed Through A Systemic Risk Lens, Hilary Allen
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Money market funds ("MMFs") were first developed in the 1970s, and since that time, they have become increasingly popular as an alternative to deposit accounts. Since the financial crisis of September 2008, there has been much discussion about the systemic risks posed by alternatives to commercial banking products. One of the key themes of this discussion is whether the systemic importance of these alternative banking products justifies the imposition of heightened regulation and supervision. This article takes the view, after a comparison of deposit accounts and MMFs, that MMFs are systemically important. It then goes on to consider, through …
Dispelling Myths: A Real World Perspective On Trinko, Sean Flynn
Dispelling Myths: A Real World Perspective On Trinko, Sean Flynn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
On The Hijacking Of Agencies (And Airplanes): The Federal Aviation Administration, Agency Capture, And Airline Security, Mark Niles
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder
The Law Of Contract And The Concept Of Change: Public And Private Attempts To Regulate Modification, Waiver, And Estoppel, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
If It Didn't Exist, It Would Have To Be Invented - Reviving The Administrative Conference, Jeffrey Lubbers
If It Didn't Exist, It Would Have To Be Invented - Reviving The Administrative Conference, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross
High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Paperwork Redux: The (Stronger) Paperwork Reduction Act Of 1995, Jeffrey Lubbers
Paperwork Redux: The (Stronger) Paperwork Reduction Act Of 1995, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross
Piracy, Privacy, And Privitization: Fictional And Legal Approaches To The Electronic Future Of Cash, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross
Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Administrative Law In The 21st Century, Andrew Popper
Administrative Law In The 21st Century, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.