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2016

Regulation

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The European Company, Pieter Sanders Dec 2016

The European Company, Pieter Sanders

Georgia Journal of International & Comparative Law

No abstract provided.


This Is Not America: The Impact Of The New Eu Audit Regulation In Slovenia, Metka Duhovnik Nov 2016

This Is Not America: The Impact Of The New Eu Audit Regulation In Slovenia, Metka Duhovnik

Economic and Business Review

The article presents problems that could arise in a small European country with a modest number of public interest entities and weak market competition due to the new European audit legislation. In this framework, special attention is paid to the effects of the extended requirements to audit public interest entities, public oversight of the audit profession, and adoption of the international auditing standards. The author points out those fields where the European Commission’s further action could make the legislation more proportionate in terms of the size of the country and its capital market development.


The Nordic Model Of Broadcasting Liberalization, Olof Hulten Nov 2016

The Nordic Model Of Broadcasting Liberalization, Olof Hulten

Irish Communication Review

No abstract provided.


Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang Oct 2016

Change In Regulation Is Necessary For Genetically Engineered Mosquitoes, Insung Hwang

Michigan Journal of Environmental & Administrative Law

Millions of genetically engineered (GE) mosquitoes could soon be released in Key West, Florida as an effort to eradicate wild mosquitoes that are transmitters of diseases such as malaria, dengue, and chikungunya. Both international and domestic regulations fail to provide effective regulatory schemes that can facilitate the application of this technology while ensuring all safety and environmental aspects are properly addressed. The Food and Drug Administration’s assertion of jurisdiction is based on its assessment that the GE mosquitoes are “animal drugs” under the Federal Food, Drug, and Cosmetic Act. This is especially troublesome because the end goal of using these …


A Consumer Protection Perspective On Regulation For Healthier Eating, Barbara Von Tigerstrom Oct 2016

A Consumer Protection Perspective On Regulation For Healthier Eating, Barbara Von Tigerstrom

Dalhousie Law Journal

This article explores the potential for a consumer protection perspective to complement public health approaches in designing and justifying laws that aim to promote healthier eating, such as food labelling regulations or restrictions on marketing and advertising. Consumer protection and public health are distinct perspectives, but they share the goal of protecting health and both accept the need for regulation to protect important interests. Consumer protection objectives could be used to defend public health measures that are challenged as infringing rights or restricting trade. Insights from consumer law and scholarship could also contribute to discussions about when regulatory intervention to …


Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy Sep 2016

Testing For Regulatory Penalties: Insuring The Health Of Fedrealism In The Age Of Obamacare, Steven Z. Hodaszy

West Virginia Law Review

No abstract provided.


A Model Of Human Harm From A Falling Unmanned Aircraft: Implications For Uas Regulation, Andrew V. Shelley Jul 2016

A Model Of Human Harm From A Falling Unmanned Aircraft: Implications For Uas Regulation, Andrew V. Shelley

International Journal of Aviation, Aeronautics, and Aerospace

This paper quantifies the human harm, in the form of fatalities and skull fractures, which could occur as a result of an unmanned aircraft falling from a height. The analysis is used to establish the maximum height at which an unmanned aircraft can be flown over people to achieve a level of safety consistent with the rate of ground fatalities from General Aviation. The maximum height is dependent on the aircraft mass and the population density of people on the ground below.

The results are used to inform a critical evaluation of recent recommendations from the FAA-chartered “Unmanned Aircraft Systems …


Putting Public Law Into "Private" Sport, Dionne L. Koller May 2016

Putting Public Law Into "Private" Sport, Dionne L. Koller

Pepperdine Law Review

Across all levels of sport — professional, Olympic, intercollegiate, interscholastic, and youth recreational — the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective …


Paternalism, Self-Governance, And Public Health: The Case Of E-Cigarettes, Wendy E. Parmet May 2016

Paternalism, Self-Governance, And Public Health: The Case Of E-Cigarettes, Wendy E. Parmet

University of Miami Law Review

This article develops a normative framework for assessing public health laws, using the regulation of e-cigarettes as a case study. Although e-cigarettes are likely far less dangerous to individual users than traditional cigarettes, it remains uncertain whether their proliferation will lead to a reduction of smoking-related disease and deaths or to increased morbidity and mortality. This scientific uncertainty, whether and how to regulate e-cigarettes. This article presents a normative framework for analyzing such questions by offering three justifications for public health laws: impaired agency, harm to others, and self-governance. Each justification responds to the common charge that public health laws …


Equity And Feasibility Regulation, Dov Waisman May 2016

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.


States Are Making Their Own Decisions Regarding Whether Marijuana Should Be Illegal: How Should The Federal Government React?, Joseph Tutro Apr 2016

States Are Making Their Own Decisions Regarding Whether Marijuana Should Be Illegal: How Should The Federal Government React?, Joseph Tutro

Tennessee Journal of Law and Policy

On November 6, 2012, three states proposed landmark legislation for a vote to the people of their respective states. These landmark pieces of legislation allowed for the recreational use of marijuana. While the potential legislation failed in Oregon, the proposed legislation passed in Colorado and Washington. Washington's marijuana legislation went into effect on December 6, 2012," and Colorado Governor John Hickenlooper signed Colorado's marijuana legislation into law on December 10, 2012. The passage of recreational marijuana usage legislation in Colorado and Washington joins them with twenty states, plus the District of Columbia, which have legalized use of marijuana for medical …


Market Failure, Regulation And Education Of Financial Advisors, Adam Steen, Dianne Mcgrath, Alfred Wong Apr 2016

Market Failure, Regulation And Education Of Financial Advisors, Adam Steen, Dianne Mcgrath, Alfred Wong

Australasian Accounting, Business and Finance Journal

This paper explores the recent series of financial scandals in the Australian financial advice industry. It examines the causes, consequences and responses to these scandals by financial institutions, investors and regulators through the lens of relevant finance theory and extant literature. Although the paper focuses on the recent Australian experience the discussion and findings presented are of relevance to financial market regulation worldwide. It is proposed that a combination of compensation, education, training and structural reforms are required to reduce the undesirable effects of information asymmetry, adverse selection and moral hazard in the finance sector.


Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell Apr 2016

Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell

Fordham Law Review

This Article summarizes product safety and vehicle safety law and recounts General Motors Company’s (GM) response to the Cobalt ignition switch defect, paying particular attention to the actions of GM’s in-house and outside counsel. This Article then considers the legality and prudence of a regulatory agency’s imposition of gatekeeping responsibilities on such counsel.


If Your Heart Skips A Beat, It May Have Been Hacked: Cybersecurity Concerns With Implanted Medical Devices, John G. Browning, Shawn Tuma Apr 2016

If Your Heart Skips A Beat, It May Have Been Hacked: Cybersecurity Concerns With Implanted Medical Devices, John G. Browning, Shawn Tuma

South Carolina Law Review

No abstract provided.


Embracing Third-Party Litigation Finance, David R. Glickman Apr 2016

Embracing Third-Party Litigation Finance, David R. Glickman

Florida State University Law Review

No abstract provided.


The Laws Of Agency Lawyering, George M. Cohen Apr 2016

The Laws Of Agency Lawyering, George M. Cohen

Fordham Law Review

The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the …


Regulation Of Emerging Risks, Matthew T. Wansley Mar 2016

Regulation Of Emerging Risks, Matthew T. Wansley

Vanderbilt Law Review

Why has the EPA not regulated fracking? Why has the FDA not regulated e-cigarettes? Why has NHTSA not regulated autonomous vehicles? This Article argues that administrative agencies predictably fail to regulate emerging risks when the political environment for regulation is favorable. The cause is a combination of administrative law and interest group politics. Agencies must satisfy high initial informational thresholds to regulate, so they postpone rulemaking in the face of uncertainty about the effects of new technologies. But while regulators passively acquire more information, fledgling industries consolidate and become politically entrenched. By the time agencies can justify regulation, the newly …


Bitcoin: Información Sobre Su Reglamento En Las Américas Y Futuro Crecimiento, Belkenia Candelario Feb 2016

Bitcoin: Información Sobre Su Reglamento En Las Américas Y Futuro Crecimiento, Belkenia Candelario

University of Miami Inter-American Law Review

Esta nota se tratará el tema de Bitcoin, la criptomoneda líder que surge en el año 2009 como una alternativa a la moneda fiduciaria. Bitcoin ha crecido considerablemente, tanto en términos de valor como en la conciencia colectiva internacional; sin embargo, los anuncios y regulaciones exploradas afectarían a todas las monedas digitales en general. Primero, esta nota explica el concepto tecnológico y funcional detrás de Bitcoin en términos de fácil acceso para el usuario y proporciona una breve discusión teórica sobre la historia de la aparición del dinero en el comercio. Segundo, analiza algunos de los efectos que tendría la …


Gst And E-Commerce, Sumit Dutt Majumder Jan 2016

Gst And E-Commerce, Sumit Dutt Majumder

National Law School of India Review

This article was written in February, 2017. Since then the Central Goods and Services Tax Bill (CGST) has been passed by Parliament and has been notified in April, 2017. The article explores the interplay between India's upcoming Goods and Services Tax (GST) regime and its growing e-commerce sector. It does so by mapping the major features of the GST regime and the e-commerce sector. Thereafter, by analysing the Model GST Law circulated by the Central Board of Excise and Customs, it voices the major concerns of the e-commerce players and argues that Law must be re-thought to prevent a regulatory …


Gst And E-Commerce, Sumit Dutt Majumder Jan 2016

Gst And E-Commerce, Sumit Dutt Majumder

National Law School of India Review

This article was written in February, 2017. Since then the Central Goods and Services Tax Bill (CGST) has been passed by Parliament and has been notified in April, 2017. The article explores the interplay between India's upcoming Goods and Services Tax (GST) regime and its growing e-commerce sector. It does so by mapping the major features of the GST regime and the e-commerce sector. Thereafter, by analysing the Model GST Law circulated by the Central Board of Excise and Customs, it voices the major concerns of the e-commerce players and argues that Law must be re-thought to prevent a regulatory …


Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron Jan 2016

Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron

University of Baltimore Journal of Land and Development

As of May 2016, the Consumer Financial Protection Bureau (CFPB) has announced an investigation into the practice of land contracts and compliance with federal truth and lending laws. The CFPB’s investigation is in response to the increasing number of reports from organizations, such as the National Consumer Law Center (NCLC), condemning land contracts for their predatory nature and disparate impact on low-income buyers, specifically those of color. Furthermore, land contracts have been labeled as “Wall Street’s Toxic Transactions” because of large wall street investment groups utilizing them for their own capital gain. Land contracts have been vilified for luring unsuspecting …


The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel Jan 2016

The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel

Brooklyn Journal of Corporate, Financial & Commercial Law

Seventy-five years after its enactment the Investment Advisers Act of 1940 has advanced from a relatively weak statute merely registering advisers with the Securities and Exchange Commission (SEC) to a more robust law imposing fiduciary responsibilities on advisers. Over the years, the number of investment advisers and the number of their clients have increased greatly. The SEC therefore has been pressured by Congress to develop a harmonized fiduciary standard for broker-dealers and advisers and also to develop and enforce a greater degree of oversight over the advisory industry. These developments have raised the questions of how to fund such efforts …


Sharing And The City, Michele Finck, Sofia Ranchordas Jan 2016

Sharing And The City, Michele Finck, Sofia Ranchordas

Vanderbilt Journal of Transnational Law

The sharing of public infrastructure, the exchange of small services, and the traditional "cup of sugar borrowed from the neighbor" are practices intrinsic to most urban agglomerations. In the digital age, these sharing initiatives are facilitated by online platforms such as Feastly, Peerby, and HomeExchange. These platforms allow city residents to share the idle capacity of some of their assets (e.g., clothing, tools, or a spare bedroom) with other residents living in close proximity to them, or with tourists looking for accommodation. While these practices can be justified by efficiency and sustainability concerns, some of them appear to be in …


Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna Jan 2016

Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna

Vanderbilt Journal of Transnational Law

Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …


The Original Understanding Of "Property" In The Constitution, Paul J. Larkin Jr. Jan 2016

The Original Understanding Of "Property" In The Constitution, Paul J. Larkin Jr.

Marquette Law Review

Contemporary Supreme Court jurisprudence treats “property” as far less deserving of judicial protection than “life” or “liberty.” The Supreme Court, however, has misread American legal history. Anglo-American traditions, customs, and law held that property was an essential ingredient of the liberty that the Colonists had come to enjoy and must be protected against arbitrary governmental interference. The Framers’ generation believed that “property” and “liberty” were equally important institutions and that neither one could exist without the other. The Framers venerated property as a means of guaranteeing personal independence because (among other things) the concept of “property” embraced the legal rights …


Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law Jan 2016

Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law

Washington and Lee Law Review

No abstract provided.


Teaching A Course On Regulation Of Police Investigation—A Multi-Perspective, Problem-Oriented Course, Christopher Slobogin Jan 2016

Teaching A Course On Regulation Of Police Investigation—A Multi-Perspective, Problem-Oriented Course, Christopher Slobogin

Saint Louis University Law Journal

No abstract provided.


A Single Call: The Need To Amend The Parent-Subsidiary Relationship Under The Ftaia In View Of Motorola Mobility, Catherine E. Cognetti Jan 2016

A Single Call: The Need To Amend The Parent-Subsidiary Relationship Under The Ftaia In View Of Motorola Mobility, Catherine E. Cognetti

Fordham Journal of Corporate & Financial Law

In Motorola Mobility, LLC v. AU Optronics Corporation, the Seventh Circuit dismissed Motorola’s Sherman Act claims under the Foreign Trade Antitrust Improvement Act. In doing so, they held that Motorola’s American parent corporation was a separate entity from their foreign subsidiaries, and thus barred from bringing suit under the indirect purchaser doctrine. The effect of the Seventh Circuit’s decision precluded injured purchasers from recovering damages under the Sherman Act—Motorola’s subsidiaries could not sue because their injuries occurred abroad, while Motorola could not sue because it did not make direct purchases from the antitrust violators.

Courts have often considered a parent …


Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs Jan 2016

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.


People Analytics And The Regulation Of Information Under The Fair Credit Reporting Act, Pauline T. Kim, Erika Hanson Jan 2016

People Analytics And The Regulation Of Information Under The Fair Credit Reporting Act, Pauline T. Kim, Erika Hanson

Saint Louis University Law Journal

No abstract provided.