Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Antitrust and Trade Regulation (6)
- Communications Law (6)
- Administrative Law (5)
- Business Organizations Law (3)
- Constitutional Law (3)
-
- International Trade Law (3)
- Banking and Finance Law (2)
- Environmental Law (2)
- First Amendment (2)
- Internet Law (2)
- Labor and Employment Law (2)
- Legal Ethics and Professional Responsibility (2)
- Legislation (2)
- Public Law and Legal Theory (2)
- Commercial Law (1)
- Consumer Protection Law (1)
- Election Law (1)
- Entertainment, Arts, and Sports Law (1)
- European Law (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- International Law (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Politics (1)
- Law and Society (1)
- Legal Profession (1)
- Military, War, and Peace (1)
- Institution
- Publication
-
- Federal Communications Law Journal (5)
- Michigan Journal of International Law (4)
- Saint Louis University Law Journal (3)
- Fordham Journal of Corporate & Financial Law (2)
- Oklahoma Law Review (2)
-
- University of Michigan Journal of Law Reform (2)
- Fordham Law Review (1)
- Law and Contemporary Problems (1)
- Michigan Telecommunications & Technology Law Review (1)
- St. Mary's Law Journal (1)
- University of Colorado Law Review (1)
- University of San Francisco Law Review (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
Articles 1 - 25 of 25
Full-Text Articles in Law
Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden
Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden
Federal Communications Law Journal
The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig
Law and Contemporary Problems
Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.
The Food And Drug Administration And The Command-And-Control Model Of Regulation, Eric R. Claeys
The Food And Drug Administration And The Command-And-Control Model Of Regulation, Eric R. Claeys
Saint Louis University Law Journal
No abstract provided.
Fat America: The Need For Regulation Under The Food, Drug, And Cosmetic Act, Sarah A. Kornblet
Fat America: The Need For Regulation Under The Food, Drug, And Cosmetic Act, Sarah A. Kornblet
Saint Louis University Law Journal
No abstract provided.
Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan
Campaign Finance Reform And The Social Inequality Paradox, Yoav Dotan
University of Michigan Journal of Law Reform
The recent landmark decision by the Supreme Court in McConnell v. FEC opens the way for new and more decisive regulation of the vast amounts of private and corporate money poured into the political system. However, the theoretical grounds for campaign finance regulation - as reflected in the Court's opinion - remain highly perplexing. The purpose of the current article is to tie together the evolving constitutional principle of equality in election with modern process theory and to apply them to the field of campaign finance. The inherent tension between the stringent requirement for political equality on the one hand …
The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher
The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher
University of Michigan Journal of Law Reform
This Article discusses some of the inadequacies in the current ethical regulation of the legal system and proposes a new approach to crafting and contextualizing rules of legal ethics. The proliferation of specialties and subspecialties in law practice, together with the inadequacies of prevailing ethics regulation and the vagaries of ethics rules formulations from state to state have not served either the public or the legal profession well. Manipulation, motivated by politics and self-interest, of the ideology of the organized bar to adhere to ethical rules predicated on an antiquated and unrealistic model of a unified legal profession has likewise …
Wandering Along The Road To Competition And Convergence- The Changing Cmrs Roadmap, Leonard J. Kennedy, Heather A. Purcell
Wandering Along The Road To Competition And Convergence- The Changing Cmrs Roadmap, Leonard J. Kennedy, Heather A. Purcell
Federal Communications Law Journal
In this timely follow-up piece to a 1998 piece entitled A Federal Regulatory Framework that is "Hog Tight, Horse High, and Bull Strong, " the Authors of this Article revisit the progress of American commercial mobile radio services ("CMRS") proliferation and regulation. The piece expresses the concern that balkanization has continued to plague wireless regulation in the United States, as misguided legal analyses and state regulation further hinder wireless development across the nation. While the European Union has witnessed unprecedented growth in this sector, conflicting court and FCC decisions and continued federal, state, and local burdens on CMRS have placed …
Regulating What’S Not Real: Federal Regulation In The Aftermath Of Ashcroft V. Free Speech Coalition, Kate Dugan
Regulating What’S Not Real: Federal Regulation In The Aftermath Of Ashcroft V. Free Speech Coalition, Kate Dugan
Saint Louis University Law Journal
No abstract provided.
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Michigan Telecommunications & Technology Law Review
The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …
Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim
Rehearsal For Media Regulation: Congress Versus The Telegraph-News Monopoly, 1866-1900, Menahem Blondheim
Federal Communications Law Journal
In this Article, Menahem Blondheim presents a critical historical analysis of the dawn of communications regulation as it began with the evolution of domestic telegraphy and developed into a coherent link between 19th century technological, business, and social developments and twentieth century First Amendment thought. First, the Article examines the political and economic environment which led to the development of national telegraph and news networks, like Western Union and the Associated Press. The Author then proceeds to assess the role of the mid-to-late nineteenth century American legislature, and how the debate over telegraph and wire service regulation realigned the powers …
Unmasking Hidden Commercials In Broadcasting: Origins Of The Sponsorship Identification Regulations, 1927-1963, Richard Kielbowicz, Linda Lawson
Unmasking Hidden Commercials In Broadcasting: Origins Of The Sponsorship Identification Regulations, 1927-1963, Richard Kielbowicz, Linda Lawson
Federal Communications Law Journal
This Article by Richard Kielbowicz and Linda Lawson is an exploration of the origins of sponsorship identification regulations as they pertained to early radio and television programming. Beginning with the statutory sponsorship identification requirement enacted in 1927, the Authors trace the development of sponsorship identification rules in the communications industry. By arguing that such rules express a basic goal of American communication law and policy, Kielbowicz and Lawson analyze trends and developments in sponsorship regulation that did not materialize in the 1930s and 1940s because of the nature of early broadcast sponsorship. The Authors then assert that those same early …
Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton
Legislating The Tower Of Babel: International Restrictions On Internet Content And The Marketplace Of Ideas, Michael F. Sutton
Federal Communications Law Journal
The First Amendment to the U.S. Constitution protects the expression of diverse viewpoints in virtually any medium. Nevertheless, the modern novelty of "borderless" communication via the Internet strains our ideal of keeping government out of the business of regulating speech. This Note reveals the conflict between the First Amendment's national protections and the Internet's lack of national boundaries, while also arguing for international intervention for the protection of free speech. This Author articulates the real danger of "watered-down speech" unless both the FCC and the international community provide regulations and harmonized international standards for online content that reflect First Amendment …
Methods Of Power For Development: Weapons Of The Weak, Weapons Of The Strong, John Braithwaite
Methods Of Power For Development: Weapons Of The Weak, Weapons Of The Strong, John Braithwaite
Michigan Journal of International Law
Peter Drahos and John Braithwaite conducted a study during the 1990s on global business regulation, interviewing more than five hundred key players in approximately twenty globalizing business regulatory regimes. Results from that study are used in this paper to inform the identification of seven elements of American power in global governance. The paper then poses the question whether those elements can be acquired by developing countries.
Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz
Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz
Michigan Journal of International Law
This Note explores the compatibility of the EC's GMO regulations within the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), and the General Agreement on Tariffs and Trade 1994 ("GATT 1994" or "GAT"), all integral parts of the WTO Agreement. Part II presents arguments for or against the use of GM-products. Part III explores the concept of ecolabeling by analyzing the general goals of such programs, including the economic theory behind green consumerism and the characteristics necessary for effective schemes. Part IV describes the core …
Sensible Antitrust Rules For Pharmaceutical Competition, Herbert Hovenkamp
Sensible Antitrust Rules For Pharmaceutical Competition, Herbert Hovenkamp
University of San Francisco Law Review
No abstract provided.
Regulation Through Intimidation: Congressional Hearings And Political Pressure On America's Entertainment Media, Kenneth A. Paulson
Regulation Through Intimidation: Congressional Hearings And Political Pressure On America's Entertainment Media, Kenneth A. Paulson
Vanderbilt Journal of Entertainment & Technology Law
This paper explores how Congress has shaped and limited the content of films, comic books, popular music, and television over the past century. Specifically, this report focuses on the path to "self-regulation" and industry-wide codes for these four media, and how government used pressure and influence to spur the adoption of standards.
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Fordham Law Review
No abstract provided.
School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii
School Voucher Programs: Has The Supreme Court Pulled Up The Gangplank To Establishment Clause Challenges., Cecil C. Kuhne Iii
St. Mary's Law Journal
The Establishment Clause is not violated when a program is neutral toward religion and provides assistance directly to a broad class of citizens, who in turn voluntarily direct the aid to religious schools. A program containing these features permits government aid to reach religious institutions only thru the deliberate choices of individuals. Any incidental advancement or endorsement of religion is attributable to the individual recipient—not the government, which simply acts as a disburser. In Zelman v. Simmons-Harris, the Supreme Court reiterated this rationale from a twenty-year line of cases. Zelman is a death knell for Establishment Clause challenges to carefully …
Securities Law: Proxies Pull Mutual Funds Into The Sunlight: Mandatory Disclosure Of Proxy Voting Records, H. Anne Nicholson
Securities Law: Proxies Pull Mutual Funds Into The Sunlight: Mandatory Disclosure Of Proxy Voting Records, H. Anne Nicholson
Oklahoma Law Review
No abstract provided.
The Third Annual Albert A. Destefano Lecture On Corporate Securities & Financial Law, Kenneth M. Rosen, William Michael Treanor, Jill E. Fisch, Brandon Becker, Robert Colby, Richard Ketchum, Andrew Klein, Catherine Mcguire, Annette Nazareth, Lee A. Pickard
The Third Annual Albert A. Destefano Lecture On Corporate Securities & Financial Law, Kenneth M. Rosen, William Michael Treanor, Jill E. Fisch, Brandon Becker, Robert Colby, Richard Ketchum, Andrew Klein, Catherine Mcguire, Annette Nazareth, Lee A. Pickard
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Litigation Financing Industry: The Wild West Of Finance Should Be Tamed Not Outlawed, Susan Lorde Martin
The Litigation Financing Industry: The Wild West Of Finance Should Be Tamed Not Outlawed, Susan Lorde Martin
Fordham Journal of Corporate & Financial Law
No abstract provided.
Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner
Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner
Michigan Journal of International Law
The system of international law has become increasingly fragmented, particularly since the end of the Cold War. This paper intends to present the main features of this development and its implications.
The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield
The Importance Of Core Labor Rights In World Development, Jonathan P. Hiatt, Deborah Greenfield
Michigan Journal of International Law
This Article discusses the meaning and significance of core labor standards and the importance of linking them to trade agreements. It explains why the "protectionist" label often attributed to such linkage efforts by their detractors is misleading, as the example of China illustrates, repression of labor rights constitutes a form of unfair competition which undermines efforts to create a more just and stable world economy.
Saving Antitrust, Reza Dibadj
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Malignant Indifference: The Wages Of Contemporary Child Labor In The United States, Seymour Moskowitz
Oklahoma Law Review
No abstract provided.