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Articles 271 - 296 of 296
Full-Text Articles in Law
Six Principles For Limiting Government-Facilitated Restraints On Competition, Michal Gal, Inbal Faibish
Six Principles For Limiting Government-Facilitated Restraints On Competition, Michal Gal, Inbal Faibish
Michal Gal
Regulation is an important tool to deal with market imperfections. Regulation might, however, sometimes go beyond what is socially justified and create undue restraints on competition. The problem of social engineering is thus to devise a system that will ensure that the optimum combination of competition and regulation is achieved.
This article suggests harnessing the comparative advantages of competition authorities to this task. It proposes six general principles that are aimed at creating a system of "checks and balances" which maintains adequate safeguards to ensure that competition will be limited only where socially warranted. Whereas much has been written about …
Principles For Policymaking About Collaborative Law And Other Adr Processes, John Lande
Principles For Policymaking About Collaborative Law And Other Adr Processes, John Lande
John Lande
This Article articulates a set of principles for policymaking about “alternative dispute resolution” (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decisionmaking. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as needed. …
Agências E Falácias, Ivo T. Gico
Agências E Falácias, Ivo T. Gico
Ivo Teixeira Gico Jr.
O autor faz uma revisão crítica acerca das afirmações do ex-Ministro Bresser-Pereira sobre estabelecer mandatos para dirigentes das agências reguladoras e suas conseqüências.
The author makes a critical review on the former Minister Bresser-Pereira statements on establishing mandates for leaders of regulatory agencies and its consequences.
The How And Why Of The New Public Corporation Tax Shelter Compliance Norm, Susan Cleary Morse
The How And Why Of The New Public Corporation Tax Shelter Compliance Norm, Susan Cleary Morse
Susan Cleary Morse
This paper examines the recent shift toward an anti-tax shelter federal income tax compliance norm at public corporations, as evidenced by practitioner and government comments and survey results. The paper focuses on the organizational behavior of tax decisionmakers within public corporations as they respond to Sarbanes-Oxley, enforcement and publicity initiatives, and tax shelter regulation.
The paper identifies three elements that have contributed to the development of a stronger tax compliance norm. First, Sarbanes-Oxley has resulted in the expansion and increased transparency of public corporation tax decisionmaking groups. Organizational behavior insights suggest that this may produce more considered decisions. Second, civil …
Telecommunication Regulation Of Thailand And Its Commitments Of Progressive Liberalization To Wto, Piyabutr Bunaramrueang
Telecommunication Regulation Of Thailand And Its Commitments Of Progressive Liberalization To Wto, Piyabutr Bunaramrueang
piyabutr bunaramrueang
Domestic regulation of telecommunication services sector is a part of the obligations and specific commitments under the General Agreement of Trade in Services (GATS) of WTO. Reference paper is the instrument that includes a set of the regulatory disciplines resulted from the negotiations, and based on the principles of objective, transparent and non-discriminatory manner. Thailand, as a participant of the negotiations, has undertaken those disciplines with few modifications as additional commitments; however, the modifications are not objective comparing to those of other participants. Nonetheless, it is a possibility that Thailand might undertake the Reference Paper eventually as a whole. To …
Taxing Alternatives: Poverty Alleviation And The South African Taxi/Minibus Industry, Karol C. Boudreaux
Taxing Alternatives: Poverty Alleviation And The South African Taxi/Minibus Industry, Karol C. Boudreaux
Karol C. Boudreaux
South Africa's transporation landscape is a legacy of apartheid. Apartheid-era laws forcibly moved black South Africans out of city centers to surrounding townships. In rural areas, black South Africans were moved off valuable farmland and onto marginally productive homelands. Laws and regulations limiting employment opportunities meant that black citizens lived far from work. Under the National Party government, the ability to serve people who wanted to travel from home to work or home to shopping areas, etc. was severely resitricted. So too was the ability to travel. The minibus industry arose in response to these restrictions. It began as a …
Neutral Investment Revisited, Alejandro Faya Rodriguez
Neutral Investment Revisited, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Major Expropriation Case Decided By The Mexican Supreme Court Of Justice, The Due Process Requirement And Its Correlation With International Treaties, Alejandro Faya Rodriguez
Major Expropriation Case Decided By The Mexican Supreme Court Of Justice, The Due Process Requirement And Its Correlation With International Treaties, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Donald J. Kochan
It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …
Complying With Mexico's National Registry Of Foreign Investment, Alejandro Faya Rodriguez
Complying With Mexico's National Registry Of Foreign Investment, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein
Adam Epstein
Review of the 2005 textbook authored by Matthew J. Mitten, Timothy Davis, Rodney K. Smith & Robert C. Berry. The four authors of this text all have credible status in the field of sports law as professors at the law school level, and the reader is reminded of their expertise throughout the book in numerous footnotes, notes and in other references. They present 12 chapters of a sport law smorgasbord in an interesting arrangement. The authors note that the book should be given multidisciplinary consideration among law students and upper-division undergraduate and graduate students. However, the authors provide that the …
Economics At The Pump, Bart J. Wilson, Cary A. Deck
Economics At The Pump, Bart J. Wilson, Cary A. Deck
Bart J. Wilson
Policymakers are often tempted to implement various new laws and regulations intended to prevent gasoline price gouging. We recently carried out economic experiments to test such anti-gouging measures as mandated divorcement and uniform pricing, and we found that those regulations actually harm consumers rather than help them. The reason is simple: The well-meaning interventions are designed to manipulate market allocations, but they backfire because they cannot account for the complex incentives in an intricate industry. Changing the rules alters the behavior of refiners and station owners, which is why the legislation does not have its intended effect on market outcomes.
Economics At The Pump, Bart J. Wilson, Cary A. Deck
Economics At The Pump, Bart J. Wilson, Cary A. Deck
Bart J Wilson
Policymakers are often tempted to implement various new laws and regulations intended to prevent gasoline price gouging. We recently carried out economic experiments to test such anti-gouging measures as mandated divorcement and uniform pricing, and we found that those regulations actually harm consumers rather than help them. The reason is simple: The well-meaning interventions are designed to manipulate market allocations, but they backfire because they cannot account for the complex incentives in an intricate industry. Changing the rules alters the behavior of refiners and station owners, which is why the legislation does not have its intended effect on market outcomes.
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Carole Silver
The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, as they educate, train and deploy individuals educated and licensed in the U.S. and abroad. This article examines the ways in which law firms internationalize, and considers the regulatory environment governing crucial interactions between U.S. and foreign-educated lawyers. It builds upon prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the …
Housing Impact Assessments: Opening New Doors For State Housing Regulation While Localism Persists, Tim Iglesias
Housing Impact Assessments: Opening New Doors For State Housing Regulation While Localism Persists, Tim Iglesias
Tim Iglesias
America’s housing crisis is serious, pervasive and chronic. It burdens people of color and low-income households most severely, but is now recognized to hinder millions of moderate-income households and full-time workers in mainstream occupations. Past and current housing policies have not solved our chronic housing crisis. This article seeks to open up states’ housing policy to new possibilities through the application of a regulatory regime that helped turn around America’s environmental policies.
The fundamental problem underlying our housing crisis is the failure of local governments to consistently integrate housing concerns into the full range of land use policies and decisions …
Who Is Going To Supervise Europe's Financial Markets, Mads Andenas
Who Is Going To Supervise Europe's Financial Markets, Mads Andenas
Mads Andenas
The article argues that financial market regulation at the national level cannot be effective. Rule-making, supervision and the handling of crises require international and European solutions. In the EU, EMU with its separation of monetary policy and banking regulation, this is particularly striking. Different forms of cooperation will not be sufficient. But financial market regulation is crisis driven, and only a crisis where the national institutions are shown to fail will force the way for a European or international institutional solution, perhaps around the ECB or IMF. The welfare cost of such a crisis will be a high price to …
Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak
Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak
Daphne Richemond-Barak
This Article argues that the ambiguous normative regime currently governing unilateral humanitarian intervention provides an adequate legal framework for such intervention. The Article reviews the arguments typically made in support of a codified, strict normative regime, finding that strict normativity is unlikely to deter human rights violators more effectively than the current framework. In addition, the Article points out that any effort to codify a norm of unilateral humanitarian intervention faces formidable obstacles. Such an effort must overcome the conflict between the traditional doctrine of state sovereignty and emerging principles of human rights, as well as practical difficulties in reaching …
Purveyance And Power Or Over-Priced Free Lunch: The Intellectual Property Clause As An Ally Of The Takings Clause In The Public’S Control Of Government, Malla Pollack
Malla Pollack
Government can bypass citizen control if it can use revenue not publicly scrutinized through the public taxing/spending system. One method of bypass is paying with non-monetary compensation such as (i) property, or (ii) the right to charge others for some necessary good or service, intangible property. The Takings/Just Compensation Clause of the Fifth Amendment is one authority controlling government's ability to bypass financial scrutiny. In this article, I argue that the Intellectual Property Clause also should be used to control some governmental bypass. I attempt to justify this suggestion both theoretically and historically. The historical material included focuses on English …
Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack
Opt-In Government: Using The Internet To Empower Choice – Privacy Application, Malla Pollack
Malla Pollack
This article proposes a relatively novel model of government regulation and illustrates how the model might work with respect to Internet privacy protection for U.S. residents. [I suggest "opt-in government" as a practical method to integrate the democratic concept of voice with the market model of choice. "Opt-in government" either (i) creates "a safe place" that persons may enter only if they wish to do so, or (ii) enables a choice that the so-called private sector has not offered.
The Disorders Of Unrestricted Capital Mobility And The Limits Of The Orthodox Imagination: A Critique Of Robert Solomon, 'Money On The Move: The Revolution In International Finance Since 1980', Timothy A. Canova
Timothy A. Canova
This book review provides a critique of Robert Solomon's' Money on the Move: The Revolution in International Finance since 1980'. According to the reviewer, Solomon has written a highly descriptive account of some of the major developments in global financial markets over the past two decades. His impressive compilation of events is couched in an objective, value-neutral narrative, thereby suggesting that the tide of orthodox policy reforms is as inevitable as the sun rising. But lurking just beneath the surface are the usual neoclassical assumptions that one might expect of a former chief international economist of the Federal Reserve Board: …
Advertencia: La Regulación Del Riesgo Puede Ser Dañina Para La Salud. La Percepción Y Regulación Del Riesgo En La Sociedad, Carlos A. Patrón
Advertencia: La Regulación Del Riesgo Puede Ser Dañina Para La Salud. La Percepción Y Regulación Del Riesgo En La Sociedad, Carlos A. Patrón
Carlos A. Patrón
No abstract provided.
Internet Gambling: Popular, Inexorable, And (Eventually) Legal, Tom Bell
Internet Gambling: Popular, Inexorable, And (Eventually) Legal, Tom Bell
Tom W. Bell
This paper describes the powerful demand for Internet gambling, analyzes the forces arrayed against it, and argues against its prohibition. Attempts to outlaw Internet gambling will inevitably fail. The very architecture of the Internet will frustrate prohibitionists, while consumer demand for Internet gambling and the states' demand for tax revenue will create enormous political pressures for legalization.
Derivatives Regulation In The Context Of The Shingle Theory, Allen Madison
Derivatives Regulation In The Context Of The Shingle Theory, Allen Madison
Allen Madison
This article discusses the regulation of derivative financial instruments. It notes that the government has neither come to a conclusion as to the necessity of regulation nor which agency would have jurisdiction. It also suggests that one tool that regulators could use as an enforcement tool is the "shingle" theory. Next, it provides history and analysis of this theory. Finally, it examines the current state of affairs regarding regulation of derivatives.
Out Of Focus, John C. Dernbach
The Transformation Of U.S. Banking And Finance: From Regulated Competition To Free-Market Receivership, Timothy A. Canova
The Transformation Of U.S. Banking And Finance: From Regulated Competition To Free-Market Receivership, Timothy A. Canova
Timothy A. Canova
This article offers a critique of the deregulation of banking and finance that started with the breakdown of the Bretton Woods regime of fixed exchange rates during the Nixon administration, accelerated with interest rate deregulation during the Carter administration, and was deepened during the Reagan administration. Deregulation is seen as a changing of paradigms, from the New Deal regulatory model that limited price competition and channeled credit to socially useful purposes. The monetary and fiscal implications are significant. The regulatory model, particularly in its heyday, served to limit the authority of the Federal Reserve, neutralized monetary policy, and invigorated other …
The Swedish Model Betrayed, Timothy A. Canova
The Swedish Model Betrayed, Timothy A. Canova
Timothy A. Canova
This article provides a history of Sweden's financial liberalization, with special attention on the deregulation of interest rates and the ceiling on housing loans from banks and finance institutions. Throughout the 1980's, Sweden's Prime Minister Olof Palme stood out on the international stage as one of the leading opponents of the financial deregulation, monetarism, and fiscal austerity. The article recounts his efforts to resist and then compromise with this neoliberal agenda. After Palme's sudden assassination, in February 1986, the new government accepted a Riksbank proposal for elimination of Sweden's long-standing system of foreign exchange controls - the transnational policy analog …