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Full-Text Articles in Law
Regulating Search, Viva R. Moffat
Regulating Search, Viva R. Moffat
Viva R. Moffat
With the digital revolution and the internet age have come not just material and resources unimaginable fifty years ago, but also an overwhelming onslaught of information. Search engines have become the crucial intermediary in this online world, ameliorating the “information overload” and serving as the gatekeepers of the Internet. Academic commentators have recognized the significance of the issues posed by search engines’ role as a crucial intermediary, but the conversation about the appropriate structures for regulating search is still in its early stages. Thus far, the debate is a bipolar one: market regulation versus agency regulation.
In this paper, I …
Strengthening International Regulation Through "Transnational New Governance", Kenneth W. Abbott, Duncan Snidal
Strengthening International Regulation Through "Transnational New Governance", Kenneth W. Abbott, Duncan Snidal
Kenneth W. Abbott
A new kind of international regulatory system is emerging: “Transnational New Governance” (TNG). TNG is emerging spontaneously, largely out of dissatisfaction with the failure of international “Old Governance” (OG) – acting through treaties and intergovernmental organizations (IGOs) – to adequately regulate international business. NGOs, business firms and other actors, singly and in novel combinations, are creating a plethora of innovative institutions to apply transnational norms to business, especially on worker rights, environmental protection and human rights. These institutions are predominantly private, and operate through voluntary codes and standards: private transnational “soft law.”
We depict the range and diversity of the …
International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma
International Labor Standards, Soft Regulation, And National Government Roles, Sarosh C. Kuruvilla, Anil Verma
Sarosh Kuruvilla
[Excerpt] In this article, we briefly describe the different approaches to the regulation of international labor standards, and then argue for a new role for national governments based on soft rather than hard regulation approaches. We argue that this new role shows potential for significantly enhancing progress in international labor standards, since it enables governments to articulate a position without having to deal with the enforcement issues that hard regulation mandates. We justify this new role for governments based on the increasing use of soft regulation in the international arena. Of course, this approach is not without its own problems, …
Maximizing Social Influence To Minimize Carbon Emissions: Law And Social Norms In Collective Action, Jed S. Ela
Maximizing Social Influence To Minimize Carbon Emissions: Law And Social Norms In Collective Action, Jed S. Ela
Jed S Ela
Legal scholars have long argued that informal social norms can solve collective action problems, as long as these problems occur in close-knit groups. This “group knittedness hypothesis” may suggest that social norms, by themselves, will not be able to solve the world’s largest collective action problem: anthropogenic climate change. Yet recent scholarship has taken the group knittedness hypothesis too far, suggesting that any attempt to manage social influences in large, loose-knit groups is likely to be relatively ineffective.
In fact, social norms can shape individual behavior even in loose-knit groups, and climate policies that ignore norms may miss important opportunities …
Midnight Regulations And Regulatory Review, Jerry Brito
Midnight Regulations And Regulatory Review, Jerry Brito
Jerry Brito
The term “midnight regulations” describes the dramatic spike of new regulations promulgated at the end of presidential terms, especially during transitions to an administration of the opposite party. As commentators have pointed out, this phenomenon is problematic because it is the result of a lack of presidential accountability during the midnight period—the time after the November election and before Inauguration Day. Midnight regulations, however, present another problem that receives little attention. It is the prospect that an increase in the number of regulations promulgated in a given time-period could overwhelm the institutional review process that serves to ensure that new …
Deeply And Persistently Conflicted: Credit Rating Agencies In The Current Regulatory Environment, Timothy E. Lynch
Deeply And Persistently Conflicted: Credit Rating Agencies In The Current Regulatory Environment, Timothy E. Lynch
Timothy E. Lynch
Credit rating agencies have a pervasive and potentially devastating influence on the financial well-being of the public. Yet, despite the recent passage of the Credit Rating Agency Reform Act, credit rating agencies enjoy a relative lack of regulatory oversight. One explanation for this lack of oversight has been the appeal of the potentially self-regulating nature of credit rating agencies that claim to rely deeply on their reputational standing within the financial world. There are strong arguments for doubting this reputational concern, including the conflicting self-interest of credit rating agencies whose profits are gained or lost depending on their ability to …
"Smile, You're On Cellphone Camera!": Regulating Online Video Privacy In The Myspace Generation, Jacqueline D. Lipton
"Smile, You're On Cellphone Camera!": Regulating Online Video Privacy In The Myspace Generation, Jacqueline D. Lipton
Jacqueline D Lipton
In the latest Batman movie, Bruce Wayne’s corporate right hand man, Lucius Fox, copes stoically with the death and destruction dogging his boss. Interestingly, the last straw for him is Bruce’s request that he use digital video surveillance created through the city’s cellphone network to spy on the people of Gotham City in order to locate the Joker. Does this tell us something about the increasing social importance of privacy, particularly in an age where digital video technology is ubiquitous and largely unregulated? While much digital privacy law and commentary has focused on text files containing personal data, little attention …
Fda New Drug Review Times, Prescription Drug User Fee Acts, And R&D Spending, John Vernon
Fda New Drug Review Times, Prescription Drug User Fee Acts, And R&D Spending, John Vernon
John Vernon
FDA approval times have declined significantly since the enactment of the Prescription Drug User Fee Act (PDUFA) in 1992. As a result, present value expected returns to pharmaceutical R&D have likely increased. In the current paper we employ a unique survey dataset, one which includes data from 1990 to 1999 on firm-level pharmaceutical R&D expenditures for 7 large, U.S.-based drug companies. We estimate the effect FDA approval times have on firm R&D spending. Controlling for other factors such as pharmaceutical profitability and cash flows, we estimate that a 10 percent decrease (increase) in FDA approval times leads to an increase …
Regulation Of Pharmacy Benefit Managers: An Economic Analysis Of Regulation And Litigation As Agents Of Health Care Change, Kevin C. Green
Regulation Of Pharmacy Benefit Managers: An Economic Analysis Of Regulation And Litigation As Agents Of Health Care Change, Kevin C. Green
Kevin C Green
Pharmacy benefit managers or “PBMs” have come under intense legal and regulatory scrutiny in recent years. Each of the major PBMs has been targeted by public and private litigation including a major ongoing task force comprised of U.S. Attorneys and Attorneys General from twenty states. Moreover, more than 30 bills to regulate PBMs have been introduced in state legislatures since 2002. This paper provides an economic analysis of PBM regulation. I analyze the economic arguments put forward on both sides of the regulation debate and evaluate the existing empirical evidence on PBM conduct in the context of these arguments. I …
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Survey Of The Federal Government On Supervisor Practices In Employment Of People With Disabilities, Susanne M. Bruyere, William Erickson, Richard L. Horne
Susanne Bruyère
In 1999, the Presidential Task Force on the Employment of Adults with Disabilities (PTFEAD) funded Cornell University to conduct a survey of federal sector HR and EEO representatives regarding their experience implementing the employment disability nondiscrimination requirements of the Americans with Disabilities Act of 1990(ADA) and the Rehabilitation Act of 1973, as amended. One of the recommendations from this research was to conduct a follow-up study of federal agency supervisors and managers about their experience in accommodation and employment of persons with disabilities in the federal sector, and in addition to inquire about their awareness of the series of Executive …
Derecho Empresarial Y Constitución: Límites Constitucionales A La Libertad De Empresa Y A Su Regulación (Un Análisis De Casos), Óscar Súmar
Oscar Súmar
No abstract provided.
The Tyranny Of The Multitude Is A Multiplied Tyranny: Is The United States Financial Regulatory Structure Undermining U.S. Competitiveness?, Elizabeth F. Brown
The Tyranny Of The Multitude Is A Multiplied Tyranny: Is The United States Financial Regulatory Structure Undermining U.S. Competitiveness?, Elizabeth F. Brown
Elizabeth F Brown
This Article examines whether the U.S. regulatory structure undermined U.S. competitiveness with foreign financial markets, particularly the United Kingdom's markets.
Regulating The Post-Regulatory Cyber-State, Andrew D. Murray
Regulating The Post-Regulatory Cyber-State, Andrew D. Murray
Professor Andrew D Murray
This Chapter looks at how regulation succeeds and fails within the environment of Cyberspace which has a different physical and social construct than Real Space. It discusses my key concept of Symbiotic Regulation and explains how regulation may be effectively implemented using models which harness the community in the regulatory process.
La Responsabilidad Del Estado Frente A Los Daños Ocasionados En Los Hospitales, Carlos A. Patrón, Et. Al.
La Responsabilidad Del Estado Frente A Los Daños Ocasionados En Los Hospitales, Carlos A. Patrón, Et. Al.
Carlos A. Patrón
No abstract provided.
The Disruption Of Marital Eharmony: Distinguishing Mail-Order Brides From Online Dating In Evaluating "Good Faith Marriage", Brandon N. Robinson
The Disruption Of Marital Eharmony: Distinguishing Mail-Order Brides From Online Dating In Evaluating "Good Faith Marriage", Brandon N. Robinson
Brandon N. Robinson
ABSTRACT In today’s society, more and more people are turning to the information superhighway to find love. No longer confined to the girl or boy “next door,” many of today’s single men and women can connect with potential soul mates across the globe with the simple click of a button, symbolizing yet another consequence of a world community that is quickly becoming smaller and more interconnected. Once an international “match” has been made, the U.S. citizen can begin the complicated process of bringing his newfound loved one to the States. The IMO industry has a much more sinister underbelly, however, …
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Ann Bartow
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …
The Trouble With Stockjobbers: The South Sea Bubble, The Press And The Legislative Regulation Of The Markets, Benedict Sheehy
The Trouble With Stockjobbers: The South Sea Bubble, The Press And The Legislative Regulation Of The Markets, Benedict Sheehy
Benedict Sheehy
Abstract: The South Sea Bubble Act of 1721 is often taken as the first securities legislation. Further it is understood to be a response to a stock market scandal. In fact, the Act was enacted prior to the scandal and indeed the likely cause of the collapse of the stock bubble itself. This article reviews the historical context, including the finance of government of the era, the development of the South Sea Company and its bubble, the legislation, burst and subsequent effects. It places securities legislation in its historical context as part of a broader movement in corporate law, shifting …
Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth Chamblee Burch
Securities Class Actions As Pragmatic Ex Post Regulation, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
Securities class actions are on the chopping block—again. Traditional commentators continue to view class actions with suspicion; they see class suits as nonmeritorious byproducts of self-interest and the attorneys who bring them as rent-seekers. Their conventional approach has popularized securities class actions’ negative effects. High-profile commissions capitalizing on this rhetoric, such as the Committee on Capital Markets Regulation, have recently recommended eliminating or severely curtailing securities class actions. But this approach misses the point: in the ongoing push and pull of securities regulation, corporations are winning the battle. Thus, understanding the full picture and texture of securities class actions necessitates …