Law Commons^™

Uwg-Novelle 2015 - Synopse, Christian Alexander

Christian Alexander

Synopse UWG 2008 - Regierungsentwurf - Beschlussempfehlung und Bericht - Richtlinie 2005/29/EG

Federal Agencies In The Legislative Process: Technical Assistance In Statutory Drafting, Christopher J. Walker

Christopher J. Walker

Federal agencies draft statutes. Indeed, they are often the chief architects of the statutes they administer. Even when federal agencies are not the primary substantive authors, they routinely respond to congressional requests to provide technical assistance in statutory drafting. Yet despite their substantial role in the legislative process, our understanding about how agencies interact with Congress is greatly undertheorized and perhaps even less understood empirically. This Report, which was commissioned by the Administrative Conference of the United States (ACUS), explores the latter role of federal agencies in the legislative process: the provision of technical assistance in statutory drafting.

To better …

Inside Regulatory Interpretation: A Research Note, Christopher J. Walker

Christopher J. Walker

In response to Kevin M. Stack, Interpreting Regulations, 111 Mich. L. Rev. 355 (2012).

In Interpreting Regulations, Professor Stack provides the first comprehensive approach to regulatory interpretation and situates this approach within the larger literature on legal interpretation. His theory of regulatory interpretation is simple yet pioneering: “a regulation should be read in light of its purposes, with the regulation’s text and the statement of basis and purpose constituting the privileged interpretive sources.” This Research Note takes a look inside regulatory interpretation to explore the empirical foundation for Professor Stack’s novel approach to regulatory interpretation.

In 2013, the author conducted …

Breves Comentarios Sobre La Competencia Notarial Para Actos De Disposición De Inmuebles: Continúan Los Desaciertos., Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

No abstract provided.

Guidelines For Physician-Assisted Suicide, Raphael Cohen-Almagor

raphael cohen-almagor

This paper proposes a set of guidelines for physician-assisted suicide (PAS). This set of guidelines integrates pertinent guidelines that were adopted in Oregon, where physician-assisted suicide is legal, in the Netherlands and Belgium where euthanasia is legal, in Switzerland where assisted suicide is practiced, and in the Northern Territory of Australia, where physician-assisted suicide was legal for a short period of time.

Is The Chief Justice A Tax Lawyer?, Stephanie Hoffer, Christopher J. Walker

Christopher J. Walker

King v. Burwell is a crucial victory for the Obama Administration and for the future of the Affordable Care Act. It also has important implications for tax law and administration, as explored in the other terrific contributions to this Pepperdine Law Review Symposium. In this Essay, we turn to another tax-related feature of the Chief Justice’s opinion for the Court: It is hard to ignore the fingerprints of a tax lawyer throughout the opinion. This Essay focuses on two instances of a tax lawyer at work.

First, in the Chief’s approach to statutory interpretation one sees a tax lawyer as …

Congressional Cybersecurity Oversight: Who’S Who And How It Works, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Cybersecurity remains perhaps the greatest challenge to the economic and physical well being of governments, individuals, and business worldwide. During recent months the United States has witnessed many disruptive and expensive cyber breaches. No single U.S. governmental agency or congressional committee maintains primary responsibility for the numerous issues related to cybersecurity. Good oversight stands at the core of good government. Oversight is Congress’s way of making sure that the administration is carrying out federal law in the way Congress intended. So many aspects of cybersecurity have the potential for use by: terrorists; by foreign entities as a tool to conduct …

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Jonathan Wood

The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …

A Program In Legislation, Dakota S. Rudesill, Daniel P. Tokaji, Christopher J. Walker

Christopher J. Walker

This Essay urges that Legislation be conceived of not just as a single course, but as a set of curricular and extracurricular offerings that collectively constitute an integrated program of instruction. The three of us teach at The Ohio State University’s Moritz College of Law, which may serve as a model of such a program. Since 1995, Moritz has required Legislation as a part of the first-year curriculum. We also have a variety of upper-level offerings and extracurricular activities that help students develop a practical understanding of the legislative process. This Essay makes the case for an integrated program of …

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.

Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.

This article will examine the effectiveness of the regulatory scheme in place that was …

Inside Agency Statutory Interpretation, Christopher J. Walker

Christopher J. Walker

The Constitution vests all legislative powers in Congress, yet Congress grants expansive lawmaking authority to federal agencies. As positive political theorists have long explored, Congress intends for federal agencies to faithfully exercise their delegated authority, but ensuring fidelity to congressional wishes is difficult due to asymmetries in information, expertise, and preferences that complicate congressional control and oversight. Indeed, this principal-agent problem has a democratic and constitutional dimension, as the legitimacy of administrative governance may well depend on whether the unelected bureaucracy is a faithful agent of Congress. Despite the predominance of lawmaking by regulation and the decades-long application of principal-agent …

La Manifestación De Voluntad, Ronald Benjamin Jallurana Añamuro

RONALD Benjamín Jallurana Añamuro

Dilema referente a la manifestación de voluntad...

Roli I Parlamentit Në Procesin E Anëtarësimit Në Be, Kuvendi I Kosovës, Safet Beqiri

Safet Beqiri

Abstrakti Ky artikull paraqet një kornizë përmbledhëse analitike e legjislativit si një degë e rëndësishme e pushtetit në procesin e anëtarësimit të shtetit në Bashkimin Evropian, me theks të veçantë rastin e Kuvendit të Kosovë. Ky punim analizon rolin e parlamentit në marrjen e vendimeve dhe politikave në kuadër të procesit të integrimit në Bashkimin Evropian, i cili padyshim se paraqet peshën e tij si institucion i rëndësishëm për faktin se vendit i jep formë dhe drejtim të duhur si në anëtarësimin në institucione dhe organizata ndërkombëtare ndër-shtetërore dhe mbi-nacionale. Po ashtu dhe për faktin se parlamenti është e pushtetit …

La Defensa Extrajudicial De La Posesión Por Parte Del Estado., Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

Sumario: I. Introducción. II. La posesión y su importancia a efectos de su defensa. III. Mecanismos de defensa de la posesión a favor del Estado. 1. ¿Cuál es plazo para repeler todo tipo de invasiones u ocupaciones ilegales y recuperar extrajudicialmente lo predios del Estado? 2. ¿Cuál es el plazo que deben tener los invasores u ocupantes ilegales para poder iniciar las acciones de recuperación extrajudicial de los predios del Estado? 3. ¿Existe diferencia entra invasor y ocupante ilegal? 4. ¿Es el Estado poseedor de todos los bienes de su propiedad? IV. Reflexiones finales. V. Bibliografía.

Through The Lens Of Innovation, Mirit Eyal-Cohen

Mirit Eyal-Cohen

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of innovation. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Innovation turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviations as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Using …

Cybersecurity: What About U.S. Policy?, Lawrence J. Trautman

Lawrence J. Trautman Sr.

During December 2014, just hours before the holiday recess, the U.S. Congress passed five major legislative proposals designed to enhance U.S. cybersecurity. Following signature by the President, these became the first cybersecurity laws to be enacted in over a decade, since passage of the Federal Information Security Management Act of 2002. My goal is to explore the unusually complex subject of cybersecurity policy in a highly readable manner. An analogy with the recent deadly and global Ebola epidemic is used to illustrate policy challenges, and hopefully will assist in transforming the technological language of cybersecurity into a more easily understandable …

Lessons In Fiscal Activism, Mirit Eyal-Cohen

Mirit Eyal-Cohen

This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli but received a dramatically different treatment. The economically inferior rule survived while its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the causes are both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.

The Farm Bill: A Wicked Problem Seeking A Systematic Solution, Sarah J. Morath

Sarah J Morath

This article advocates for employing systems thinking in food system reform generally, but also, specifically, as a way to approach farm bill reform. Using the most recent farm bill as an example, this article introduces principles of systems thinking and explains how a systems thinking approach to food policy reform might be developed. Part I describes the original farm bill and its evolution from a law supporting farmers and the hungry during the Great Depression, to a 1,000 page, one trillion dollar piece of legislation. Part II uses the concept of a “wicked problem” to describe challenges to food policy …

Applying Software Development Techniques To Statutory Drafting, Hyun G. Lee

Hyun G Lee

This note will examine three characteristics common in poor statutory drafting: legalese, ambiguity, and poor conceptual organization. Legalese is the arcane, lawyerly language that is hard to understand for the layperson. Some common-sense solutions can counter the use of legalese. Ambiguity, which can be either semantic or syntactic, is the uncertainty due to the multiple valid interpretations of the statute. Normalization technique, adapted from the mathematical notation of symbolic logic, can eliminate most ambiguities. Poor conceptual organization results in conceptually related topics physically scattered throughout the statute. Hypertext, legal dialectic, and object-oriented analysis and design are possible solutions to this …

Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum

Chad G. Marzen

Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.

Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the various …