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Articles 31 - 60 of 159
Full-Text Articles in Law
Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman
Media Policy Out Of The Box: Content Abundance, Attention Scarcity, And The Failures Of Digital Markets, Ellen P. Goodman
ExpressO
No abstract provided.
Expensing Isn't The Only Option: Alternatives To The Fasb's Stock Option Expensing Proposal, Benjamin A. Templin
Expensing Isn't The Only Option: Alternatives To The Fasb's Stock Option Expensing Proposal, Benjamin A. Templin
ExpressO
This paper reviews the arguments for and against the Financial Accounting Standard Board's (FASB) proposal to require that corporations expense options. It identifies two major goals of the proposed rule -- 1) clarity in financial statements and 2) a reduction of corporate fraud by removing the incentive of options. To address these two goals, I adopt a framework of Information Reforms v. Rules of the Game Reforms. The article starts with a history of FASB Statement No. 123 Accounting for Stock-based Compensation and also analyzes the Congressional legislation that attempts to block the measure, the Stock Option Accounting Reform Act. …
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Of Gift Horses And Great Expectations: Remands Without Vacatur In Administrative Law, Daniel B. Rodriguez
Of Gift Horses And Great Expectations: Remands Without Vacatur In Administrative Law, Daniel B. Rodriguez
University of San Diego Public Law and Legal Theory Research Paper Series
Administrative law has been shaped over the years by fundamentally practical considerations. Displacement of agency decisions by courts was rare; yet, the omnipresent threat of substantial judicial intrusion surely affected agency decisions. While the Administrative Procedure Act, adopted nearly 60 years ago, provides a comprehensive template for federal agency decisionmaking, what is striking about the APA is how much is left out and how much is left to the discretion of both agencies in implementing regulatory decisions and to the courts in superintending agency action. Given this history, it is hardly surprising that many doctrinal techniques represent the pragmatic effort …
A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan
A Government Of Laws And Not Men: Prohibiting Non-Precedential Opinions By Statute Or Procedural Rule, Amy E. Sloan
Indiana Law Journal
No abstract provided.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Reasonable Accommodation Under The Ada: Are Employers Required To Participate In The Interactive Process? The Courts Say "Yes" But The Law Says "No", John R. Autry
Chicago-Kent Law Review
The Americans with Disabilities Act ("ADA") generally requires employers to "reasonably accommodate" a "qualified" employee's disability. Unfortunately, the ADA is silent as to the appropriate method for fashioning reasonable accommodations. The Equal Employment Opportunity Commission ("EEOC") issued regulations endorsing an "interactive process" by which an employer and its "qualified" disabled employee work together to devise the proper accommodation. However, the Supreme Court has yet to determine whether courts must defer to these regulations, leaving the circuit courts of appeals to issue differing opinions on whether the EEOC's interactive process is best characterized as a requirement or merely a suggestion.
Thus, …
Reconsidering The Prohibition Against General Solicitation During Section 3(C)(7) Offerings, Daniel P. Taub
Reconsidering The Prohibition Against General Solicitation During Section 3(C)(7) Offerings, Daniel P. Taub
ExpressO
This paper examines the seventy year history of the general solicitation prohibition during private offerings and then analyzes its continuing relevance as applied to Section 3(c)(7) offerings. The S.E.C. Staff recently issued a report questioning the continuing value of prohibiting general solicitation during private offerings made pursuant to Section 3(c)(7) of the Investment Company Act. If the S.E.C. were to follow the recommendation in the S.E.C. Staff Report, this would have tremendous implications for a growing number of hedge funds, and other investment companies utilizing the Section 3(c)(7) exemption. By allowing general solicitation, the S.E.C. would be reversing a policy …
Caught Between Action And Inaction: Public Participation In Voluntary Approaches To Environmental Policy Under The Administrative Procedure Act, Janice D. Gorin
Caught Between Action And Inaction: Public Participation In Voluntary Approaches To Environmental Policy Under The Administrative Procedure Act, Janice D. Gorin
ExpressO
No abstract provided.
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT
22 slides
Slides: Lessons Learned From The Development And Implementation Of An Adaptive Management Plan At Three Hydropower Plants In Northeastern Washington State, Bob Dach
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Dach, Federal Activities Specialist, U.S. Fish and Wildlife Service, Mountain-Prairie Region, Lakewood, CO
11 slides
Slides: Lessons From The Pinedale Anticline Adaptive Management Process, Peter Aengst
Slides: Lessons From The Pinedale Anticline Adaptive Management Process, Peter Aengst
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Peter Aengst, Regional Associate, The Wilderness Society, Northern Rockies Office
24 slides
Slides: Adaptive Management, Tim Salt
Slides: Adaptive Management, Tim Salt
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Tim Salt, Western Regional Staff Assistant, U.S. Bureau of Land Management (BLM)
19 slides
Slides: Industry's View Of 'Lessons Learned' From Pinedale Anticline Eis Adaptive Management, Robin Smith
Slides: Industry's View Of 'Lessons Learned' From Pinedale Anticline Eis Adaptive Management, Robin Smith
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Robin Smith, Mountaintop Consulting, LLC
19 slides
Slides: Pinedale Anticline Project Area: The Adaptive Management Process, Prill Mecham
Slides: Pinedale Anticline Project Area: The Adaptive Management Process, Prill Mecham
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Prill Mecham, Pinedale BLM Field Manager
35 slides
Slides: Adaptive Management: Pros, Cons, And Lessons Learned, Pete Morton
Slides: Adaptive Management: Pros, Cons, And Lessons Learned, Pete Morton
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Pete Morton, Ph.D., The Wilderness Society
21 slides
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Best Management Practices And Adaptive Management In Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Agenda includes summaries of speakers' presentations
Workshop held May 12-13, 2004 at the University of Colorado School of Law and sponsored by the Natural Resources Law Center with support from the William and Flora Hewlett Foundation, BP America and Calpine Corporation
Government agencies, industry and others are beginning to apply the concepts of best management practices and adaptive management to oil and gas development. This free workshop will examine what is going on in the Rocky Mountain Region with these innovative management approaches. This timely workshop will be kicked off with a presentation on the Western Governors' Association Coalbed Methane …
Slides: Technologies To Reduce Methane Emissions From Natural Gas Production Activities, Roger Fernandez
Slides: Technologies To Reduce Methane Emissions From Natural Gas Production Activities, Roger Fernandez
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Roger Fernandez, EPA Gas STAR Program
31 slides
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Slides: Bpi Best Practices Initiative: A Collaborative Approach To Leadership For Improving Management Practices On The Working Landscape, Peter Zimmerman
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Peter Zimmerman, Canadian Parks and Wilderness Society
19 slides
Slides: Adaptive Management And Best Management Practices On The Southern Ute Indian Reservation, Bob Zahradnik
Slides: Adaptive Management And Best Management Practices On The Southern Ute Indian Reservation, Bob Zahradnik
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Bob Zahradnik, Red Willow Production Company
38 slides
Summary Of Gilman V. Nevada State Bd. Med. Exam’Rs, 120 Nev. Adv. Op. 31, Angela Morrison
Summary Of Gilman V. Nevada State Bd. Med. Exam’Rs, 120 Nev. Adv. Op. 31, Angela Morrison
Nevada Supreme Court Summaries
Bradley Gilman appealed an order denying judicial review of a disciplinary action taken against him by the Nevada State Board of Veterinary Medical Examiners.
Parity Rules: Mapping Regulatory Treatment Of Similar Services, Sherille Ismail
Parity Rules: Mapping Regulatory Treatment Of Similar Services, Sherille Ismail
Federal Communications Law Journal
The notion of regulatory parity has greatly impacted the evolution of American communications regulation, but the difficulties associated with applying this standard are frequently under-appreciated by industry participants. Throughout this Article, the Author acknowledges the difficulties in applying equal treatment standards to operators of various communications, video, and data services. Mr. Ismail asserts that several problems arise with attempts to ameliorate apparent disparities in how entities are regarded under current regulations, including difficulties in assessing revenue resources, channel control, and service delivery methods. The Article concludes that parity is difficult to define and apply in an effort to eliminate inefficiencies …
Verizon Communications, Inc. V. Fcc-Telecommunications Access Pricing And Regulator Accountability Through Administrative Law And Takings Jurisprudence, Michael J. Legg
Verizon Communications, Inc. V. Fcc-Telecommunications Access Pricing And Regulator Accountability Through Administrative Law And Takings Jurisprudence, Michael J. Legg
Federal Communications Law Journal
In this Article, Michael Legg examines the Supreme Court decision in Verizon Communications, Inc. v. FCC, and asserts that shortcomings associated with administrative law have led to an environment of unaccountability in the sphere of telecommunications regulations. Arguing that communications oversight has become exceedingly reliant upon regulatory expertise and that power over economic policy has been excessively ceded to the regulators, the Author concludes that Congress should become more involved in access pricing to prevent further undermining of the democratic governance in this important sector. Finally, Mr. Legg maintains that without further guidance with respect to the relationship between TELRIC …
Wandering Along The Road To Competition And Convergence- The Changing Cmrs Roadmap, Leonard J. Kennedy, Heather A. Purcell
Wandering Along The Road To Competition And Convergence- The Changing Cmrs Roadmap, Leonard J. Kennedy, Heather A. Purcell
Federal Communications Law Journal
In this timely follow-up piece to a 1998 piece entitled A Federal Regulatory Framework that is "Hog Tight, Horse High, and Bull Strong, " the Authors of this Article revisit the progress of American commercial mobile radio services ("CMRS") proliferation and regulation. The piece expresses the concern that balkanization has continued to plague wireless regulation in the United States, as misguided legal analyses and state regulation further hinder wireless development across the nation. While the European Union has witnessed unprecedented growth in this sector, conflicting court and FCC decisions and continued federal, state, and local burdens on CMRS have placed …
A Horizontal Leap Forward: Formulating A New Communications Public Policy Framework Based On The Network Layers Model, Richard S. Whitt
A Horizontal Leap Forward: Formulating A New Communications Public Policy Framework Based On The Network Layers Model, Richard S. Whitt
Federal Communications Law Journal
Over the course of the last several decades, legal and structural fictions have evolved and have been integrated into the reality of communications theory and regulation. In this Article, the Author argues that the development of a "layers approach" to communications regulation of IP networks would lead to greater efficiencies while addressing public policy issues. By reconceptualizing communications regulation along horizontal layers, Mr. Whitt posits that the logical walls surrounding the key components of IP networks should be removed to promote increased functionality of communications oversight and management. In this way, the outmoded vertical separation associated with the legal legacy …
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Staying Afloat In The Internet Stream: How To Keep Web Radio From Drowning In Digital Copyright Royalties, Emily D. Harwood
Federal Communications Law Journal
In the 1990's, the development of "streaming" technology allowed webcasters to begin broadcasting music on the Internet. The public took advantage of a plethora of free media players, and the number of web-based radio stations soared. However, a crippling dispute over broadcast rates left the viability of this technology in doubt. This Note criticizes current policies that curtail radio streaming by providing harsh financial restrictions on webcasters. In looking to the future, this Note argues that Congress should extend licensing exemptions to cover those Internet stations most like their AM/FM counterparts who do not have to pay additional fees.
Workshop Co-Instructor: “International Environmental Policy, Negotiations, And Law", David Wirth
Workshop Co-Instructor: “International Environmental Policy, Negotiations, And Law", David Wirth
David A. Wirth
No abstract provided.
Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese
Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese
ExpressO
No abstract provided.
Innovation, Regulation And The Selection Environment, Timothy F. Malloy, Peter Sinsheimer
Innovation, Regulation And The Selection Environment, Timothy F. Malloy, Peter Sinsheimer
ExpressO
This article focuses on the question of how regulation can be best designed to encourage technological innovation. Most scholarship in this area applies standard economic analysis to evaluate the impact of various forms of regulation on technological innovation. We reject that approach as too narrow, drawing instead upon principles of evolutionary economics. The basic premise of the article is that a firm’s technology choices—and its response to regulation intended to shape those choices—are influenced by other actors (such as suppliers and competitors), by external social and legal institutions (e.g., industry standards and norms) and by the firms' internal structure (such …
New Lobster Regulations Do Not Violate Atlantic Coastal Act,, Terry Boardman
New Lobster Regulations Do Not Violate Atlantic Coastal Act,, Terry Boardman
Sea Grant Law Fellow Publications
No abstract provided.