Law Commons^™

Judicial Review Of Administrative Action And Responsible Government, Warner W. Gardner, Michael Greenberger

Michael Greenberger

No abstract provided.

The Changing Role Of The Australian Industrial Relations Commission In Resolving Workplace Disputes, Amanda Coulthard

Amanda Coulthard

Extract: The substantive provisions of the Work Choices amendments to the Workplace Relations Act 1996 (Cth) came into effect on 27 March 2006. Work Choices fundamentally alters the regulation of workplace relations in Australia. It creates a (almost) national workplace relations system through its application of the constitutional corporations and by largely overriding the industrial relations legislation of the States and Territories. Significant among the changes made by Work Choices is the change to the traditional dispute resolution role performed by the Australian Industrial Relations Commission (the AIRC).

The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor

Rena I. Steinzor

The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …

Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Citron

Danielle Keats Citron

The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2009 Edition., Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2009) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …

"Streamlining" The Rule Of Law: How The Department Of Justice Is Undermining Judicial Review Of Agency Action, Shruti Rana

Shruti Rana

Judicial review of administrative decision making is an essential institutional check on agency power. Recently, however, the Department of Justice dramatically revised its regulations in an attempt to insulate its decision making from public and federal court scrutiny. These “streamlining” rules, carried out in the name of national security and immigration reform, have led to a breakdown in the rule of law in our judicial system. While much attention has been focused on the Department of Justice’s recent attempts to shield executive power from the reach of Congress, its efforts to undermine judicial review have so far escaped such scrutiny. …

Securitization And Systemic Risk Amid Deregulation And Regulatory Failure

Patricia A. McCoy

During the recent housing boom, private-label securitization without regulation was unsustainable. Without regulation, securitization allowed mortgage industry actors to gain fees and to put off risks. The ability to pass off risk allowed lenders and securitizers to compete for market share by lowering their lending standards, which activated more borrowing. Lenders who did not join in the easing of lending standards were crowded out of the market. Meanwhile, the mortgages underlying securities became more exposed to growing default risk, but investors did not receive higher rates of return. Artificially low risk premia caused the asset price of houses to go …

The Law And Economics Of Cybersecurity: An Introduction, Mark F. Grady, Francesco Parisi

Mark F. Grady

One of the most controversial theoretical issues of our time is the governance of cybersecurity. Computer security experts, national security experts, and policy analysts have all struggled to bring meaningful analysis to cybersecurity; however, the discipline of law & economics has yet to be fully applied to the issue. This introduction presents work by leading national scholars who examine this complex national security challenge from a law and economics perspective. The focus spans from a discussion of pure market solutions to public-private issue analysis, providing a valuable basis for policy considerations concerning the appropriate governmental role on the issue of …

The Neglected Right Of Assembly, Tabatha Abu El-Haj

Tabatha Abu El-Haj

This Article considers changes in both our understanding of the constitutional right of peaceable assembly and our regulatory practices with respect to public assemblies. It shows that through the late nineteenth century the state could only interfere with gatherings that actually disturbed the public peace, whereas today the state typically regulates all public assemblies, including those that are both peaceful and not inconvenient, before they occur, through permit requirements. Through this regulatory shift, and judicial approval of it, the substance of the right of peaceable assembly was narrowed. The history recounted in this Article is significant because it provides insight …

Technology Convergence And Federalism, Daniel Lyons

Daniel Lyons

No abstract provided.

A Broader View Of The Immigration Adjudication Problem, Jill Family

Jill E. Family

Developments In The Immigration Courts, Jill Family

Jill E. Family

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Civilrättslig Tvångsvård – Ytterligare Kommentarer Angående Omhändertaganden Och Bryssel Ii-Förordningen [Public Care By Private Law – Further Comments On Care Orders And The Brussels Ii-Regulation], Vilhelm Persson

Vilhelm Persson

The ECJ has determined that the Brussels II-regulation is applicable on decisions by public authorities concerning children in need of public care. This means that member states’ possibilities to determine their jurisdiction are limited by EU-law, even in matters that in Sweden are regularly considered to be parts of public law. It also means that not only Swedish but also EU-law fundamental rights must be respected by Swedish authorities. Further, the European Court of Justice has possibly paved the way for more rules on jurisdiction in public law matters.

Skolkläder Och Yttrandefrihet [Freedom Of Expression Concerning Pupils’ Clothes In Schools], Vilhelm Persson

Vilhelm Persson

Clothes should be seen as a form of expression that is within the scope of the protection of the freedom, when they are worn with intention and possibility to communicate. However, even when choice of clothes is protected, school rules on dressing is not always seen as limiting the freedom. That is not the case when the rules are general and neither aim to limit the freedom, nor have significant limiting effects. In addition rules that are neutral to the content and that only concern distribution of messages are also not considered to limit the freedom.

The Return Of The Rogue, Kimberly D. Krawiec

Kimberly D. Krawiec

The rogue trader—a figure that captured public attention in the 1990s— has returned to the spotlight, largely due to two phenomena. First, market volatility stemming from problems in the U.S. mortgage market spilled over into stock, commodity, and derivative markets worldwide, causing large losses at many financial institutions and bringing to light previously hidden unauthorized positions. Second, the rogue trader has returned to prominence due to domestic and international regulatory changes that have forced banks worldwide to focus more attention on operational risk, an important component of which is rogue trading.

Although critics have raised a number of objections to …

The Judicialization Of Administrative Governance: Causes, Consequences And Limits, Tom Ginsburg

Tom Ginsburg

No abstract provided.

Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Hiding In Plain Sight? Timing And Transparency In The Administrative State, Anne Joseph O'Connell, Jacob E. Gersen

Anne Joseph O'Connell

No abstract provided.

Intelligent Oversight, Anne Joseph O'Connell, Matthew Morgan

Anne Joseph O'Connell

No abstract provided.

Let's Get It Started What President-Elect Obama Can Learn From Previous Administrations In Making Political Appointments, Anne Joseph O'Connell

Anne Joseph O'Connell

No abstract provided.

Cleaning Up And Launching Ahead: What President Obama Can Learn From Previous Administrations In Establishing His Regulatory Agenda, Anne Joseph O'Connell

Anne Joseph O'Connell

No abstract provided.

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …