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Full-Text Articles in Law
Nafta Title Vi Customs Modernization Act: An Importer’S Obligation To Use “Reasonable Care” Vs. Its Desire To Maximize Profits, Rosi Lehr
Rosi Lehr
No abstract provided.
Notification Of Data Security Breaches, Paul M. Schwartz, Edward J. Janger
Notification Of Data Security Breaches, Paul M. Schwartz, Edward J. Janger
Paul M. Schwartz
The law increasingly requires private companies to disclose information for the benefit of consumers. The latest examples of such regulation are state and federal laws that require companies to notify individuals of data security incidents involving their personal information. These laws, proposed in the wake of highly publicized data spills, seek to punish the breached entity and to protect consumers by requiring the entity to notify its customers about the security breach. There are competing approaches, however, to how the law is to mandate release of information about data leaks. This article finds that the current statutes' focus on reputational …
Privacy Inalienability And The Regulation Of Spyware, Paul M. Schwartz
Privacy Inalienability And The Regulation Of Spyware, Paul M. Schwartz
Paul M. Schwartz
No abstract provided.
Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival
Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival
Robert Percival
Globalization and expanding world trade are creating new pressures to harmonize environmental standards. Countries increasingly are borrowing legal and regulatory policy innovations from one another, moving toward greater harmonization of regulatory policies. Regulatory policy generally seeks to prevent harm before it occurs, but the reality is that it usually has been more reactive than precautionary, responding only after harm has become manifest. As regulators seek to improve their responses to new and emerging environmental risks, it is useful to consider what lessons can be learned from past experience with regulatory policy. This chapter reviews controversies over regulatory policy through the …
First They Came For The Teachers: Competency Testing And The Decertification Of Texas Teachers Issued Certificates Valid For Life, Beverly Mcqueary Smith
First They Came For The Teachers: Competency Testing And The Decertification Of Texas Teachers Issued Certificates Valid For Life, Beverly Mcqueary Smith
Beverly McQueary Smith
No abstract provided.
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale
Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale
Frank A. Pasquale
Unaccountable power at any layer of online life can stifle innovation elsewhere. Dominant search engines rightly worry that carriers will use their control of the physical layer of internet infrastructure to pick winners among content and application providers. Though they advocate net neutrality, they have been much less quick to recognize the threat to openness and fair play their own practices may pose. Just as dominant search engines fear an unfairly tiered online world, they should be required to provide access to their archives and indices in a nondiscriminatory manner. If dominant search engines want carriers to disclose their traffic …
Health Claim Regulation Of Probiotics In The Usa And The Eu: Is There A Middle Way?, Diane Hoffmann
Health Claim Regulation Of Probiotics In The Usa And The Eu: Is There A Middle Way?, Diane Hoffmann
Diane Hoffmann
In both the USA and Europe, supermarkets and pharmacies are brimming with probiotics—products containing live micro-organisms claiming they improve health. The availability of these products corresponds to a growing consumer demand for foods that improve or maintain health and wellness. The most persuasive include claims that consumption may confer health benefits. While some of these claims may have merit, others have not been substantiated. For a number of products, claims are based on insufficient research, underpowered studies, or mixed research results, yet individual consumers find that the product is of benefit to them. In attempting to regulate health claims, as …
Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma
Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma
Professor Ben M Tsamenyi
This Economic Paper considers the likely effects on African, Caribbean and Pacific countries of the European Union's Directive on Illegal, Unreported and Unregulated (IUU) Fishing, planned to be implemented form 2010.
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Professor Ben M Tsamenyi
It is suggested that a new regulation scheduled to be implemented by the European Union at the beginning of 2010 in an effort to combat illegal, unreported and unregulated (IUU) fishing is likely to have a profound impact on fishing and processing operations worldwide. The IUU Regulation regulates seafood imports to all EU member states and imposes specific requirements on any fishing or processing activity that intends to export into an EU member state. The broad application of the regulation, the power of member states in the implementation of the regulation, and the consequences of non-compliance, are discussed.
Report On 'Equivalency' Under The Iuu Regulation 1005/2008, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Report On 'Equivalency' Under The Iuu Regulation 1005/2008, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Professor Ben M Tsamenyi
This report has been prepared for the Department of Agriculture, Fisheries and Forestry (DAFF) to assist in the preparation of a submission to the European Commission regarding the application of its IUU Regulation 1005/2008 to Australia. The draft report provides information to support the Australian position that the current systems are equivalent, in terms of their ability to manage IUU fishing, to those applied under the IUU Regulation.
Discussion Paper: Australia's Ability To Meet The Requirements Of European Commission Regulation No. 1005/2008 'Establishing A Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Discussion Paper: Australia's Ability To Meet The Requirements Of European Commission Regulation No. 1005/2008 'Establishing A Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Professor Ben M Tsamenyi
On 29 September 2008, the European Commission (EC) passed Regulation 1005/2008 ‘establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing’ (the EC IUU Regulation). The Regulation will come into force on 1 January 2010. The Regulation has the following major implications for the Australian seafood export industry: a. All consignments of wild caught fish and fish product (with exceptions) will be prohibited from being imported into European Union Member States, unless a catch certificate accompanies them. The catch certificate must contains the harvest details of the fish (e.g. vessel and master’s name and number, fishing …
Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Professor Ben M Tsamenyi
No abstract provided.
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Professor Ben M Tsamenyi
On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …
Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi
Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi
Professor Ben M Tsamenyi
Australia, a leading Antarctic state that played a key role in negotiating the Convention for the Regulation of Antarctic Mineral Resource Activities, in May 1989 announced its opposition to the Convention and adoption instead of a World Park or Wilderness Reserve concept for Antarctica. This article examines possible environmental and economic reasons for Australia's attitude, which is likely to have significant implications for the future of the Convention and for the Antarctic Treaty System as a whole. -Authors
The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott
The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott
Professor Ben M Tsamenyi
No abstract provided.
“Smut And Nothing But”: The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
“Smut And Nothing But”: The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
Lili Levi
For almost a century, American broadcasting has received a lesser degree of constitutional protection than the print medium. Although many of the FCC’s regulations in “the public interest” have been upheld against First Amendment challenge on the ground that broadcasting is exceptional, the traditional reasons given for such exceptionalism – scarcity and pervasiveness – have become increasingly careworn. Fighting that consensus, the FCC has aggressively pursued the regulation of indecency on radio and television since 2003. When the FCC’s enhanced indecency prohibitions swept up U2 front-man Bono’s fleeting expletive on a music awards show, broadcasters finally thought they had found …
The Jurisdiction Of The D.C. Circuit, Eric M. Fraser, David K. Kessler, Matthew Lawrence, Stephen A. Calhoun
The Jurisdiction Of The D.C. Circuit, Eric M. Fraser, David K. Kessler, Matthew Lawrence, Stephen A. Calhoun
Matthew B. Lawrence
Liberalizing Nirvana: An Analysis Of The Consequences Of Common Pool Resource Deregulation For The Sustainability Of Fiji’S Surf Tourism Industry, Jess Ponting, Danny O'Brien
Liberalizing Nirvana: An Analysis Of The Consequences Of Common Pool Resource Deregulation For The Sustainability Of Fiji’S Surf Tourism Industry, Jess Ponting, Danny O'Brien
Danny O'Brien
In July 2010, the Fijian government issued a decree that liberalized Fiji’s surf breaks and deregulated its surf tourism industry. It did this by canceling licenses that granted resorts exclusive use of surf breaks based on indigenous customary ownership of foreshore and fringing reef fishing areas as common pool resources. This paper analyses the sustainability of surf tourism in Fiji, utilizing a developing framework for sustainable surf tourism. Based on broader sustainable tourism theory and empirical research, the framework considers (1) the impact of economic neo-liberalism, (2) the need for coordinated planning and limits to growth, (3) the advantages of …