Law Commons^™

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

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

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

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 …

Regulatory Givings And The Anticommons, Reza Dibadj

Reza Dibadj

The concepts of takings and the tragedy of the commons are familiar to those versed in the legal and economic literature. Only recently has scholarship begun to emerge around their less studied counterparts, givings and anticommons. For the first time, this article attempts to develop and bring together these two emerging areas of legal scholarship using the tools of law and economics. The focus is to explore how these new concepts, taken together, can create a mechanism with which to explore developments in administrative law. The piece first builds a theoretical argument as to how regulatory largesse can subtly create …

Toward Meaningful Cable Competition: Getting Beyond The Monopoly Morass, Reza Dibadj

Reza Dibadj

This article argues that poor regulation has thwarted competition among cable providers. It begins by laying out the history of cable regulation to show that the regulatory framework was created by a series of ad hoc, often contradictory, policies. It then surveys the markets for video programming and broadband access to show that precious little competition exists today. Moving to an economic analysis of the industry, it highlights the surprising irony that despite years of anti-competitive maneuvering, even the incumbent players are facing financial uncertainty. The paper also proposes a new regulatory paradigm based on economic and technological reality. Finally, …