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2009

Regulation

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Institution
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Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge Dec 2009

Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge

Faculty Scholarship

Recently, public confidence in the charitable sector has eroded due to a barrage of media reports on scandals and abuses. The principal parties charged with regulation of the charitable sector, the Internal Revenue Service and state attorneys general, are saddled with bureaucratic constraints that make it difficult to enforce the laws governing the fiduciary responsibilities of charity managers. Substantial reform in the regulation of charitable organizations is necessary to curb the reported abuses that have undermined confidence in the charitable sector.

Some advocate expanding private regulation of the charitable sector to improve enforcement of the fiduciary responsibilities of charitable managers. …


Do International Roaming Alliances Harm Consumers?, Benno Bühler Dec 2009

Do International Roaming Alliances Harm Consumers?, Benno Bühler

Fondazione Eni Enrico Mattei Working Papers

We develop a model of international roaming in which mobile network operators (MNOs) compete both on the wholesale market to sell roaming services to foreign operators and on the retail market for subscribers. The operators own a network infrastructure only in their home country. To allow their subscribers to place or receive calls abroad, they have to buy roaming services provided by foreign MNOs. We show that in absence of international alliances and capacity restrictions, competition between foreign operators would drive wholesale unit prices down to marginal costs. However, operators prefer to form international alliances in which members mutually provide …


On The Legitimacy Of Coercion For The Financing Of Public Goods, Felix Bierbrauer Dec 2009

On The Legitimacy Of Coercion For The Financing Of Public Goods, Felix Bierbrauer

Fondazione Eni Enrico Mattei Working Papers

The literature on public goods has shown that efficient outcomes are impossible if participation constraints have to be respected. This paper addresses the question whether they should be imposed. It asks under what conditions efficiency considerations justify that individuals are forced to pay for public goods that they do not value. It is shown that participation constraints are desirable if public goods are provided by a malevolent Leviathan. By contrast, with a Pigouvian planner, efficiency can be achieved. Finally, the paper studies the delegation of public goods provision to a profit-maximizing firm. This also makes participation constraints desirable.


0594 Transportation Legislation Review Committee, Colorado Legislative Council Dec 2009

0594 Transportation Legislation Review Committee, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.


Decree No. 119 - Mining, Presidente Constitucional De La República, Ecuador Nov 2009

Decree No. 119 - Mining, Presidente Constitucional De La República, Ecuador

Latin American Energy Policies

This decree establishes the necessary guidelines for implementing the Mining Law of 2009, including administrative oversight, regulation, and the management of the mining registry.


Regulatory Exposure Of Deceptive Marketing And Its Impact On Firm Value, Martha Myslinski Tipton, Sundar G. Bharadwaj, Diana C. Robertson Nov 2009

Regulatory Exposure Of Deceptive Marketing And Its Impact On Firm Value, Martha Myslinski Tipton, Sundar G. Bharadwaj, Diana C. Robertson

Research Collection Lee Kong Chian School Of Business

Research linking marketing to financial performance has predominantly focused on how marketing assets and actions add value. The authors argue that it is equally important to understand how marketing decisions can reduce firm value. Prior research has indicated that negative events vary greatly in their indirect costs to the firm. On the basis of established theory and in-depth interviews with practitioners, the authors identify a set of factors that can explain the heterogeneity in the magnitude of indirect costs associated with negative marketing-related events. Specifically, they address how the regulatory exposure of deceptive marketing, which carries no direct cost to …


Natural Gas: Regulation, Demand, Projects, Alejandro Breña Oct 2009

Natural Gas: Regulation, Demand, Projects, Alejandro Breña

Latin American Energy Dialogue, White Papers and Reports

This presentation was given at the 9th Annual Border Energy Forum in Houston, TX. It provides information about natural gas supply, demand, and regulation in Mexico, in addition to an overview of natural gas projects.


Imperfect Property Rights, James Bessen Oct 2009

Imperfect Property Rights, James Bessen

Faculty Scholarship

In theory, property rights allow markets to achieve Pareto optimal allocations. But the literature on contracting largely ignores what happens when property rights are imperfectly defined and enforced. Although some models include weak enforcement or poorly defined rights or "anticommons," this paper develops a general model that includes all of these possibilities. I find that combinations matter: Policy prescriptions to remedy individual imperfections are sometimes inappropriate under other conditions. For example, stronger penalties for violating rights can decrease Pareto efficiency, contrary to a common view. Also, collective rights organizations, such as patent pools, sometimes worsen problems of overlapping claims.


Resolution No. 818/009 - Wind Farm, Ministerio De Industria, Energía Y Minas Aug 2009

Resolution No. 818/009 - Wind Farm, Ministerio De Industria, Energía Y Minas

Latin American Energy Policies

Authorizes the company Nuevo Manantial S.A. -the first to create a wind farm in the Country- an increase in the generation of wind power from 4 MW to 10 MW, to support the goal of 300 MW from renewable energy sources in the entire Country by 2015.


Decree No. 403/009 - Contracts For The Generation Of Wind Power, Ministerio De Industria, Energía Y Minas Aug 2009

Decree No. 403/009 - Contracts For The Generation Of Wind Power, Ministerio De Industria, Energía Y Minas

Latin American Energy Policies

The National Administration of Power Stations and Transmissions will promote the execution of contracts with private companies for the generation of 150 MW of wind power and will leave on hold the regulations for a 2nd phase of an additional 150 MW, which will add up to a grand total of 300 MW by 2015.


Decree No. 377/009 - Broadens The Regulations Stated In Decrees 77/006, 397/007 And 299/008, Ministerio De Industria, Energía Y Minas Aug 2009

Decree No. 377/009 - Broadens The Regulations Stated In Decrees 77/006, 397/007 And 299/008, Ministerio De Industria, Energía Y Minas

Latin American Energy Policies

Authorizes the National Administration of Power Stations and Transmissions to sign contracts with private companies for the development of wind power.


On Regulation And Competition: Pros And Cons Of A Diversified Monopolist, Carlo Scarpa, Giacomo Calzolari Aug 2009

On Regulation And Competition: Pros And Cons Of A Diversified Monopolist, Carlo Scarpa, Giacomo Calzolari

Fondazione Eni Enrico Mattei Working Papers

We study the regulation of a firm which supplies a regulated service while also operating in a competitive, unregulated sector. If the firm conducts its activities in the two markets jointly, it enjoys economies of scope whose size is the firm’s private information, unknown either to the regulator or to the rival firms. We characterize the unregulated market outcome (with price and quantity competition) and optimal regulation that involves an informational externality to the competitors. Although joint conduct of the activities generates scope economies, it also entails private information, so that regulation is less efficient and the unregulated market too …


Communication Rights, Digital Literacy And Ethical Individualism In The New Media Environment, Brian O'Neill Jul 2009

Communication Rights, Digital Literacy And Ethical Individualism In The New Media Environment, Brian O'Neill

Conference Papers

Recent developments in European media policy have given priority to the notion that all citizens need to be digitally literate to fully participate in the emerging Information Society. Media literacy or digital literacy, it is argued, will be required to able to exercise informed choices, understand the nature of content and services and take advantage of the full range of opportunities offered by new communications technologies. Further, being media literate, citizens will be better able to protect themselves and their families from harmful or offensive material. The inclusion of media literacy within the Audiovisual Media Services Directive (Commission of the …


Regulatory Issues And Functional Health Claims For Bioactive Dairy Compounds, P. Roupas, P. G. Williams, C. Margetts Jul 2009

Regulatory Issues And Functional Health Claims For Bioactive Dairy Compounds, P. Roupas, P. G. Williams, C. Margetts

Faculty of Health and Behavioural Sciences - Papers (Archive)

Dairy foods and ingredients have a natural advantage over new/novel foods, from a regulatory viewpoint, because they are generally considered as “traditional” foods, that is, there is a long history of human consumption. However, the regulatory landscape on adding bioactive ingredients, whether from dairy streams or from non-dairy sources, into dairy foods is rapidly evolving, and the dairy industry will need to be aware of potential regulatory challenges, within the countries they wish to market their products.


The Leverage Cycle, John Geanakoplos Jul 2009

The Leverage Cycle, John Geanakoplos

Cowles Foundation Discussion Papers

Equilibrium determines leverage, not just interest rates. Variations in leverage cause fluctuations in asset prices. This leverage cycle can be damaging to the economy, and should be regulated.


The Leverage Cycle, John Geanakoplos Jul 2009

The Leverage Cycle, John Geanakoplos

Cowles Foundation Discussion Papers

Equilibrium determines leverage, not just interest rates. Variations in leverage cause fluctuations in asset prices. This leverage cycle can be damaging to the economy, and should be regulated.


Decree No. 258/009 - Wind Map Of Uruguay, Ministerio De Industria, Energía Y Minas Jun 2009

Decree No. 258/009 - Wind Map Of Uruguay, Ministerio De Industria, Energía Y Minas

Latin American Energy Policies

During the creation of the Wind Map of Uruguay, any private or public, national or international entity that contributes wind speed information considered adequate and necessary for the creation of said Map by the National Direction of Nuclear Energy and Technology Direccion, will be given priority for the exploitation of this resource of energy generation in a region of 3 kilometers around the point in which the measurements were taken.


Evaluating The Economic Performance Of Property Systems, James Bessen Jun 2009

Evaluating The Economic Performance Of Property Systems, James Bessen

Faculty Scholarship

How should the economic performance of property systems be evaluated? Benefit-cost analysis is widely used to evaluate non-market based regulation when prices are not available. Market prices provide better information for property systems, but market prices are not necessarily socially optimal when property rights are imperfect. This paper discusses two practical approaches to evaluating the performance of property systems, one based on an analysis of institutional performance, the other based on measuring incentives. As an illustration, I show how these approaches might be used to evaluate the US patent system.


Decree 562/2009 - Regulation Of The Law 26.190, Presidente De La República De Argentina May 2009

Decree 562/2009 - Regulation Of The Law 26.190, Presidente De La República De Argentina

Latin American Energy Policies

This decree outlines the regulations pertaining to Law 26.190, which encourages the production of electric energy in Argentina through renewable sources.


Lincoln's Populist Sovereignty: Public Finance Of, By, And For The People, Timothy A. Canova Apr 2009

Lincoln's Populist Sovereignty: Public Finance Of, By, And For The People, Timothy A. Canova

Faculty Scholarship

No abstract provided.


A Broader Liberty: Js Mill, Paternalism, And The Public’S Health, Lawrence O. Gostin, Kieran G. Gostin Mar 2009

A Broader Liberty: Js Mill, Paternalism, And The Public’S Health, Lawrence O. Gostin, Kieran G. Gostin

O'Neill Institute Papers

Is the ‘harm principle’, famously propounded by JS Mill and widely adopted in bioethics, an appropriate principle to guide public health regulation? The harm principle limits liberty-limiting interventions to only those instances where the person poses a significant risk of harm to others. However, much of public health regulation is not primarily directed to avert risk to others, but to safeguard the health and safety of the individual him or herself. Think about regulations regarding seatbelts, motorcycle helmets, or the fluoridation of water as illustrations of pervasive public health regulations that are primarily intended to safeguard the individual’s own health …


Merging The Sec And Cftc - A Clash Of Cultures, Jerry W. Markham Jan 2009

Merging The Sec And Cftc - A Clash Of Cultures, Jerry W. Markham

Faculty Publications

The massive subprime losses at Citigroup, UBS, Bank of America, Wachovia, Washington Mutual, and other banks astounded the financial world. Equally shocking were the failures of Lehman Brothers, Merrill Lynch, and Bear Stearns. The conversion of Goldman Sachs and Morgan Stanley into bank holding companies left no large independent investment banks standing. If all that was not enough, Bernard Madoff's incredible $50 billion Ponzi scheme was a new milestone in the nation's financial history. Those failures and Madoff's fraud were unforeseen and undetected by the regulator, the Securities and Exchange Commission (SEC), which was responsible for overseeing the broker-dealers that …


Ad Law Incarcerated, Giovanna Shay Jan 2009

Ad Law Incarcerated, Giovanna Shay

Faculty Scholarship

This Article examines one part of the legal regime administering "mass incarceration" that has not been a focus of legal scholarship: prison and jail policies and regulation. Prison and jail regulation is the administrative law of the "carceral state," governing an incarcerated population of millions, a majority of whom are people of color. The result is an extremely regressive form of policy-making, affecting poor communities and communities of color most directly. This Article proceeds in three parts. Part I first sketches the history of court involvement in prison reform, explaining that prison litigation made institutions more bureaucratic and increased the …


Revisiting The Regulation Debate: The Effect Of Food Marketing On Childhood Obesity, Nicole E. Negowetti Jan 2009

Revisiting The Regulation Debate: The Effect Of Food Marketing On Childhood Obesity, Nicole E. Negowetti

Law Faculty Publications

No abstract provided.


Transcriptional Regulation Of Soluble Guanylyl Cyclase, Ashling Hampson Jan 2009

Transcriptional Regulation Of Soluble Guanylyl Cyclase, Ashling Hampson

Masters

Each year cardiovascular disease causes over 4.3 million deaths in Europe and is the cause of nearly one in three deaths in the US. Nitric oxide (NO) is a toxic atmospheric gas which exists in tissues as a biological product of mammalian cells. It has been used to manage cardiovascular disease for over a century and to this day remains an important treatment option in cardiovascular medicine. NO is produced by many cells in the body including vascular endothelial cells. Because of its importance in vascular function, abnormal production of NO, which occurs in different disease states, can adversely affect …


Lawyers Without Borders, Catherine A. Rogers Jan 2009

Lawyers Without Borders, Catherine A. Rogers

Journal Articles

Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …


Lawyers Without Borders, Catherine A. Rogers Jan 2009

Lawyers Without Borders, Catherine A. Rogers

Journal Articles

Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …


The Missing Instrument: Dirty Input Limits, David M. Driesen, Amy Sinden Jan 2009

The Missing Instrument: Dirty Input Limits, David M. Driesen, Amy Sinden

College of Law - Faculty Scholarship

This article evaluates an environmental protection instrument that the literature has hitherto largely overlooked, Dirty Input Limits (DILs), quantitative limits on the inputs that cause pollution. DILs provide an alternative to cumbersome output-based emissions trading and performance standards. DILs have played a role in some of the world's most prominent environmental success stories. They have also begun to influence climate change policy, because of the impossibility of imposing an output-based cap on transport emissions. We evaluate DILs' administrative advantages, efficiency, dynamic properties, and capacity to better integrate environmental protection efforts. DILs, we show, not only have significant advantages that make …


The Roles Of Hands And Feet In Temperature Regulation In Hot And Cold Environments, Nigel A.S. Taylor, Christiano Machado-Moreira, Anne Van Den Heuvel, Joanne Caldwell, Elizabeth A. Taylor, Michael J. Tipton Jan 2009

The Roles Of Hands And Feet In Temperature Regulation In Hot And Cold Environments, Nigel A.S. Taylor, Christiano Machado-Moreira, Anne Van Den Heuvel, Joanne Caldwell, Elizabeth A. Taylor, Michael J. Tipton

Faculty of Health and Behavioural Sciences - Papers (Archive)

In this paper, we briefly review the physiological and biophysical characteristics of the hands and feet, and their association with autonomic (physiological) and behavioural temperature regulation, and with thermal injury. A comprehensive review of this topic is not currently available within the literature. The temperatures of the skin and subcutaneous tissues, particularly those of the hands and feet, vary significantly as air temperatures move away from the thermal comfort zone. Mean skin temperature increases approximately 0.7oC for each 1oC elevation in air temperature, with smaller changes at the hands (0.46o.oC-1) and slightly larger changes at the feet (0.8o.oC-1: Bedford, 1936). …


When Less Liability May Mean More Precaution: The Case Of Nanotechnology, David A. Dana Jan 2009

When Less Liability May Mean More Precaution: The Case Of Nanotechnology, David A. Dana

Faculty Working Papers

The heart of the Article is an exploration of the possible role of common law tort liability in both encouraging and deterring voluntary, precautionary study of new products generally and nanotechnology products in particular. A key variable in considering liability's role as an incentive or deterrent to testing is the manufacturer's subjective assessment of the probability that any injuries from its product would be detected by the injured parties and successfully attributed to the product absent research by the manufacturer itself on the adverse effects of the product. Another key variable is the legal standard for tort liability, and specifically …