Law Commons^™

El Pacto Comisorio De La Ley De Garantias Mobiliarias Vs. El Pacto Marciano Del Real Decreto 5-2005, John Pineda Galarza, José Jareño Torrente

John Pineda Galarza

El pacto comisorio se encuentra prohibido en España, no obstante se promulgó el Real Decreto 5/005, el cual recoge al pacto marciano como una excepción a la prohibición del pacto comisorio. En ese contexto, se hizo un análisis económico comparativo sobre la aceptación del pacto comisorio en el sistema peruano y en su modalidad marciana española.

Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel

Richard A Grisel

This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …

Pacto Por México, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Encontrar Las Diferencias: Ley De Contrataciones Del Estado Y Ley De App's, Jonnathan Bravo, Rodolfo Miranda

Jonnathan Bravo Venegas

No abstract provided.

Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom

Scott M Engstrom

Although HIV has qualified as a disability under the Americans with Disabilities Act (“ADA”) ever since the Supreme Court’s 1998 decision in Bragdon v. Abbott, the ADA’s “direct threat” defense has been broadly used and interpreted expansively. Although many sub-categories of individuals with HIV have meritorious legal issues that demand analysis, the complexities of the medical profession coupled with HIV’s stigma have rendered confidentiality and disclosure issues ripe in that field. For the purpose of this note I have grouped together all individuals who provide medical services into a class which I call “Medical Care Workers” or “MCWs.” More specifically, …

Habemus Reforma, No Congeladora, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan R. K. Stroud

Jonathan R. K. Stroud

Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …

Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act, John L. Gedid

John L. Gedid

No abstract provided.

Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace

Perry Wallace

No abstract provided.

Fcc Regulation Versus Antitrust: How Net Neutrality Is Defining The Boundaries, Babette E.L. Boliek

Babette Boliek

This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a recent vote to defund the FCC’s efforts. This Article places the current crisis squarely in the context of the long-standing jurisdictional struggle between regulation and antitrust law. These two regimes are often at jurisdictional cross-purposes because, even though they both purport to maximize the social good, they do so by inapposite means. Indeed, there is a policy …

Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana

Shruti Rana

The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively. An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …

Iniciativa Ifai, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Broadcasting Licenses: Ownership Rights And The Spectrum Rationalization Challenge, J. Armand Musey Cfa

J. Armand Musey, CFA

This Article examines the showdown between television broadcast- ers and the government in light of the FCC’s plan to reallocate cur- rently licensed broadcast spectrum to signifcantly higher value mobile broadband use. The government seeks to do so in an economically, socially and legally effcient manner, and has indicated that it seeks a reallocation process that is voluntary for broadcasters. Nonetheless, any spectrum reallocation proceeding raises the question of whether, and to what extent, television broadcasters ultimately possess rights to licensed spectrum, and what type of compensation, if any, they would be owed if the FCC takes their spectrum licenses …

Can He Legally Do That? Does The President Have Directive Authority Over Agency Regulatory Decisions?, Robert V. Percival

Robert Percival

No abstract provided.

No Two-Stepping In The Laboratories: State Deference Standards And Their Implications For Improving Chevron Doctrine, Michael Pappas

Michael Pappas

This article examines the deference standards that the various states apply to agency statutory interpretation and analyzes the implications for the federal Chevron doctrine. First, the article surveys state standards for reviewing agencies' statutory interpretation, finding that none of the state standards exactly follows the federal Chevron test but that state standards fall into one of four categories ranging from "strong deference" to "de novo with deference discouraged." The article then examines four particular state standards in depth, discovering that states tend to use the same methods, tools, and processes for statutory interpretation despite the different announced degrees of deference. …

Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger

Allen E Shoenberger

No abstract provided.

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

National Performance Review: A Renewed Commitment To Strengthening The Intergovernmental Partnership, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Judging Ethics For Administrative Law Judges: Adoption Of A Uniform Code Of Judicial Conduct For The Administrative Judiciary, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

The Consumer Financial Protection Bureau: Financial Regulation For The 21st Century

Patricia A. McCoy

After existing regulatory systems failed to prevent the recent financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, a sweeping reform designed to alleviate the crisis and prevent its recurrence. Out of this Act, the Consumer Financial Protection Bureau was born. This new agency is charged with making markets for consumer financial products and services work for Americans, a task that was previously spread out among seven different federal agencies with varying priorities. This Article describes, with a series of concrete case studies, four key principles that have guided the Bureau as it strives to fulfill …

Obligaciones Contractuales Para La Generación De Inversiones: A Propósito De La Ley De Asociaciones Público – Privadas, Jonnathan Bravo, Rodolfo Miranda

Jonnathan Bravo Venegas

No abstract provided.

Foreign Administrative Law And International Taxation: A Case Study Of Tax Treaty Implementation In China, Wei Cui

Wei Cui

U.S. taxpayers and the IRS increasingly have to take into account the interactions between U.S. and foreign laws, but they have paid little attention to the administrative law backgrounds of foreign tax laws. In a growing range of cases, the need for such attention has become urgent. This Article describes a novel class of cases encountered by U.S. taxpayers that emanate from tax treaty implementation in China. In these cases, U.S. (and other foreign) investors face certain rules that conflict with common treaty interpretations, and that, at the same time, are not legally binding under Chinese domestic law. The question …

How The Traditional Property Rights Model Informs The Broadcast Television Spectrum Rationalization Challenge, J. Armand Musey Cfa

J. Armand Musey, CFA

This paper examines the prospective role of zoning rights and eminent domain in the Federal Communication Commission’s (“FCC”) challenge of reallocating underutilized television broadcast spectrum for use in significantly higher value mobile broadband applications. The government must reallocate the spectrum in an economically and legally efficient manner, balancing the interests of the politically powerful broadcasters and those of society as a whole. Recently, the government has decided to explore ways to incentivize the broadcasters to voluntarily return their spectrum licenses. From a strictly legal perspective, the broadcasters have a relatively weak claim to property rights. However, the government has indicated …

La Suprema Corte Y La Cofetel, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Federal Preemption And Consumer Financial Protection: Past And Future

Patricia A. McCoy

Starting in 1995 and throughout the subprime boom during the next decade, Congress failed to take action to curb predatory mortgage lending. Many states and cities filled the void by passing anti-predatory lending laws of their own. Lenders, worried about potential liability, quickly organized a full-scale attack on the state and local initiatives. Their most potent strategy lay in challenging the laws and ordinances under federal preemption rules for national banks and federal savings associations that precluded states from enforcing their anti-predatory lending laws.

The Dodd-Frank Act curtailed the preemption rules by establishing that state consumer financial laws can only …

Mayores Inversiones En Turismo: El Rol De Las Asociaciones Público – Privadas En El Perú – Parte Ii, Juan Jonnathan Bravo, Rodolfo Miranda

Jonnathan Bravo Venegas

No abstract provided.

Disclosure's Effects: Wikileaks And Transparency, Mark Fenster

Mark Fenster

The Case For Abolishing Centralized White House Regulatory Review, Rena I. Steinzor

Rena I. Steinzor

A series of catastrophic regulatory failures have focused attention on theweakened condition of regulatory agencies assigned to protect public health, worker and consumer safety, and the environment. The destructive convergence of funding shortfalls, political attacks, and outmoded legal authority have set the stage for ineffective enforcement, unsupervised industry self-regulation, and a slew of devastating and preventable catastrophes. From the Deepwater Horizon spill in the Gulf of Mexico to the worst mining disaster in forty years at the Big Branch mine in West Virginia, the signs of regulatory dysfunction abound. Many stakeholders expected that President Barack Obama would recognize and ameliorate …

Panel Two: Should There Be Remote Public Access To Court Filings In Immigration Cases?, The Honorable Robert Hinkle, David Mccraw, Daniel Kanstroom, Eleanor Acer

Daniel Kanstroom

No abstract provided.