Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (10)
- Environmental Law (6)
- Social and Behavioral Sciences (6)
- Comparative and Foreign Law (5)
- Courts (5)
-
- Law and Society (5)
- Administrative Law (4)
- Business (4)
- Economics (4)
- Public Affairs, Public Policy and Public Administration (4)
- Antitrust and Trade Regulation (3)
- Business Organizations Law (3)
- Constitutional Law (3)
- Intellectual Property Law (3)
- Labor Relations (3)
- Labor and Employment Law (3)
- Litigation (3)
- Natural Resources Law (3)
- Organizations Law (3)
- President/Executive Department (3)
- Securities Law (3)
- State and Local Government Law (3)
- Agriculture Law (2)
- Civil Rights and Discrimination (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- Elder Law (2)
- Energy Policy (2)
- Institution
-
- Selected Works (9)
- Maurer School of Law: Indiana University (5)
- University of Michigan Law School (5)
- Pepperdine University (4)
- SelectedWorks (4)
-
- Marquette University Law School (2)
- University of Colorado Law School (2)
- University of Missouri School of Law (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Cleveland State University (1)
- Fordham Law School (1)
- New York Law School (1)
- Penn State Law (1)
- Saint Louis University School of Law (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- University of Wollongong (1)
- Publication
-
- Pepperdine Law Review (4)
- Faculty Scholarship (3)
- Indiana Law Journal (3)
- Faculty Publications (2)
- Indiana Journal of Global Legal Studies (2)
-
- Marquette Elder's Advisor (2)
- Rena I. Steinzor (2)
- Vernon M Briggs Jr (2)
- A. Bryan Endres (1)
- Andrew Hayashi (1)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Cleveland State Law Review (1)
- Cynthia M Ho (1)
- Diego G. Pardow (1)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (1)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (1)
- Jan M Smits (1)
- Journal Articles (1)
- Kimberlee G Weatherall (1)
- Lance A Compa (1)
- Michigan Business & Entrepreneurial Law Review (1)
- Michigan Journal of Environmental & Administrative Law (1)
- Michigan Journal of International Law (1)
- Michigan Telecommunications & Technology Law Review (1)
- Monitoring and Protecting Groundwater During Oil and Gas Development (November 26) (1)
- NYLS Law Review (1)
- Saint Louis University Journal of Health Law & Policy (1)
- Scholarly Works (1)
- Shaun D. Ledgerwood (1)
- Publication Type
- File Type
Articles 1 - 30 of 46
Full-Text Articles in Law
Slides: Colorado’S Groundwater Protection Program, Andrew Ross
Slides: Colorado’S Groundwater Protection Program, Andrew Ross
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Andrew Ross, Colorado Department of Public Health and Environment
22 slides
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms
Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms
Pepperdine Law Review
No abstract provided.
Enforcing European Corporate Commitments To Freedom Of Association By Legal And Industrial Action In The United States: Enforcement By Industrial Action, Lance A. Compa, Fred Feinstein
Enforcing European Corporate Commitments To Freedom Of Association By Legal And Industrial Action In The United States: Enforcement By Industrial Action, Lance A. Compa, Fred Feinstein
Lance A Compa
[Excerpt] We believe it is important to discuss industrial action as one way to enforce commitments to abide by international labor standards in part because of the challenges of "hard" law enforcement, not only in an international context but also in the enforcement of domestic labor policies. Because of the challenges presented by "hard" enforcement of labor policy in both the domestic and international context, it is important to examine the dynamics that initially motivate the adoption of IFAs and other commitments to abide by international labor standards as an important aspect of their enforcement. What unions and other advocates …
Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs
Counterpoint: Reply To Orrenius And Zavodny, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] On the fundamental conclusions, the positions argued by Pia Orrenius and Madeline Zavodny and my own are in essential agreement. The immigration policy of the United States is in dire need of changes. The public concern is, in their words, “driven by the increase in immigration in recent years, particularly of unauthorized immigration.” Our mutual worries pertain to the disproportionately adverse impacts of the immigrant inflow on the nation’s low-skilled work force and the high fiscal burden borne by local communities and states with growing immigrant populations. The differences between the two papers center on the approaches taken to …
The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs
The Elusive Goal: The Quest For A Credible Immigration Policy, Vernon Briggs
Vernon M Briggs Jr
[Excerpt] The starting point for all immigration reform efforts must be making the immigration system enforceable. Nothing else makes sense. Otherwise, immigration policy is on a squirrel wheel going nowhere. Illegal immigrants will keep coming in defiance of its terms.
International Activity And Domestic Law, Adam I. Muchmore
International Activity And Domestic Law, Adam I. Muchmore
Journal Articles
This invited essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
Non-Competition Agreements In Virginia In The Aftermath Of Home Paramount Pest Control V. Shaffer, Kevin E. Martingayle
Non-Competition Agreements In Virginia In The Aftermath Of Home Paramount Pest Control V. Shaffer, Kevin E. Martingayle
University of Richmond Law Review
No abstract provided.
La Experiencia Chilena Disuadiendo Ilícitos Corporativos, Diego G. Pardow
La Experiencia Chilena Disuadiendo Ilícitos Corporativos, Diego G. Pardow
Diego G. Pardow
This paper analyzes the investigations on potential misconducts conducted by the Chilean public enforcer (Superintendencia de Valores y Seguros, “SVS”) between 1990 and 2012. The evidence reveals two groups of problems: on the one hand, the SVS has leaved a substantial region of the market unmonitored; on the other hand, the level of specific deterrence is generally low and relies greatly on indirect mechanisms of punishment. Such results suggest that future reforms should facili- tate private enforcement on both the extensive and the intensive margin. Whereas improving the performance of the SVS on the extensive margin should mitigate its monitoring …
The False Promise Of The Converse-1983 Action, John F. Preis
The False Promise Of The Converse-1983 Action, John F. Preis
Indiana Law Journal
The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …
Pending Hague Convention On Protection Of Incapacitated Adults, Russell E. Carlisle
Pending Hague Convention On Protection Of Incapacitated Adults, Russell E. Carlisle
Marquette Elder's Advisor
The adoption and ratification of the proposed Hague Convention on the Protection of Incapacitated Adults will provide an expeditious and certain means of solving international problems involving the disabled and the elderly. This article looks at some of the issues addressed by the convention and at the complex process involved in its creation and execution.
Texas' Nursing Home Enforcement System, Lowell A. Keig, Rande K. Herrell
Texas' Nursing Home Enforcement System, Lowell A. Keig, Rande K. Herrell
Marquette Elder's Advisor
This article examines Texas' nursing home regulation system, and suggest that it should be a national model.
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Cynthia M Ho
No abstract provided.
Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.
Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.
Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)
24 pages.
"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).
Vertical And Horizontal Perspectives On Rights Consciousness, David M. Engel
Vertical And Horizontal Perspectives On Rights Consciousness, David M. Engel
Indiana Journal of Global Legal Studies
It has become commonplace to assert that rights consciousness is expanding globally and that individuals worldwide are demonstrating an increasing awareness of and insistence upon their legal entitlements. To marshal empirical support for such claims is, however, exceedingly complex. One important line of socio-legal research on rights consciousness adopts what might be called a "vertical" perspective, tracing the flow of legal forms and practices from prestigious and authoritative centers of cultural production to local settings, where they may be adopted, resisted, or transformed. Vertical perspectives on global rights consciousness have broadened and enriched the field of law and society by …
Public Interest Litigation In India As A Paradigm For Developing Nations, Zachary Holladay
Public Interest Litigation In India As A Paradigm For Developing Nations, Zachary Holladay
Indiana Journal of Global Legal Studies
Public interest litigation (PIL) in India can serve as a vehicle for creating and enforcing rights and is critical to the sustenance of democracy. PIL in India can address the needs of its citizens when legislative inertia afflicts the Indian National Congress. This Note discusses how PIL in India can serve as a model for other developing nations struggling with legislative inertia and can provide recourse to marginalized and disadvantaged communities. Furthermore, while PIL obscures the traditional boundaries of power in a liberal democratic polity, democracy is in fact strengthened by the expansion of standing to include any citizen who …
Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang
Back To Basics: An Agenda For The Maryland General Assembly To Protect The Environment, Rena I. Steinzor, Lee Huang
Rena I. Steinzor
Maryland has a long-held reputation as a regional and national leader in environmental protection. But in some areas, especially enforcement, that reputation warrants scrutiny. For example, Maryland charges less than Pennsylvania and Virginia for some pollutant discharge permits, and the state does not assess permit fees for municipalities despite the resources required to administer those permits. The penalties for violating the Clean Water Act have remained chronically below the level allowed under federal law. Maryland law does not require MDE to penalize polluters for the full amount of the economic gain they achieved by flouting the law, unlike laws in …
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Rena I. Steinzor
This report provides a substantive and detailed look at the concentrated animal feeding operations (CAFO) and other animal feeding operations (AFO) programs in Maryland and Pennsylvania, as well as a general overview of the federal CAFO program. The information in this report was gathered through publicly available resources as well as a series of interviews with agency officials and other individuals who work with the animal agricultural sector. This report identifies concrete and practical recommendations for improving how the waste generated by animal industrial agriculture is managed and controlled by EPA, the Maryland Department of Environment (MDE), and the Pennsylvania …
Proposal For An International Convention On Online Gambling, Marketa Trimble
Proposal For An International Convention On Online Gambling, Marketa Trimble
Scholarly Works
The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention ('Convention') that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches - some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue …
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Faculty Scholarship
This report provides a substantive and detailed look at the concentrated animal feeding operations (CAFO) and other animal feeding operations (AFO) programs in Maryland and Pennsylvania, as well as a general overview of the federal CAFO program. The information in this report was gathered through publicly available resources as well as a series of interviews with agency officials and other individuals who work with the animal agricultural sector. This report identifies concrete and practical recommendations for improving how the waste generated by animal industrial agriculture is managed and controlled by EPA, the Maryland Department of Environment (MDE), and the Pennsylvania …
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
Srividhya Ragavan
No abstract provided.
Enforcement And Recognition Of Foreign Judgments In United States Courts: A Practical Perspective , Cedric C. Chao, Christine S. Neuhoff
Enforcement And Recognition Of Foreign Judgments In United States Courts: A Practical Perspective , Cedric C. Chao, Christine S. Neuhoff
Pepperdine Law Review
No abstract provided.
Necessity Is The Mother, But Protection May Not Be The Father Of Invention: The Limited Effect Of Intellectual Property Regimes On Agricultural Innovation, A. Bryan Endres, Carly E. Giffin
Necessity Is The Mother, But Protection May Not Be The Father Of Invention: The Limited Effect Of Intellectual Property Regimes On Agricultural Innovation, A. Bryan Endres, Carly E. Giffin
A. Bryan Endres
Standard innovation theory assumes that intellectual property protection is a prerequisite to the development of technological advances. Stretching back to the writing of the Constitution, a strong intellectual property system, comprised of both laws that establish intellectual property protection and a judicial or other adjudicative system to enforce the property right, has been considered necessary to stimulate innovation for the benefit of society. While not directly challenging this traditionally held belief, the authors used empirical data to test the assumption in the context of agriculture. This paper analyzed twenty years of agricultural production data from Argentina, Brazil, China, India, and …
A Comparison Of Anti-Manipulation Rules In U.S. And Eu Electricity And Natural Gas Markets: A Proposal For A Common Standard, Shaun D. Ledgerwood, Dan Harris
A Comparison Of Anti-Manipulation Rules In U.S. And Eu Electricity And Natural Gas Markets: A Proposal For A Common Standard, Shaun D. Ledgerwood, Dan Harris
Shaun D. Ledgerwood
In this paper, we describe the development and current status of anti-manipulation rules as they apply to wholesale electricity and natural gas markets in the United States and the European Union, including the institutions that are responsible for overseeing these rules. We then compare and contrast these jurisdictions to discuss similarities, differences, and potential gaps in coverage within and across their internal markets. We note that while the behavior prohibited by the U.S. and EU statutes is remarkably similar, there is in fact no common standard for defining market manipulation. The absence of a common EU/U.S. framework for examining manipulative …
Bank Capital Regulation By Enforcement: An Empirical Study, Julie A. Hill
Bank Capital Regulation By Enforcement: An Empirical Study, Julie A. Hill
Indiana Law Journal
Improving commercial bank capital requirements has been a top priority on the regulatory agenda since the beginning of the 2008 financial crisis. Unfortunately, some of the information necessary to make informed decisions about capital regulation has been missing. Existing regulations establish numerical capital requirements. Regulators, however, have significant discretion to set higher capital requirements for individual banks. In considering necessary reforms, regulators often focus on specific numerical requirements but sometimes ignore enforcement efforts. Without clear information about capital enforcement, it is impossible to make informed judgments about the current capital regulation system.
This Article provides a more complete picture of …
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Michigan Journal of International Law
Nuclear weapons pose an increased international threat to security in the modem era. Cheap transportation and the opening of national borders for trade have made it easy for nuclear materials to cross national boundaries. Informal networks have sprouted up, facilitating the proliferation and exchange of nuclear materials and the technology required to turn those materials into weapons. Advances in technology have made it easier to enrich uranium, instilling concerns of increased nuclear weapons proliferation. These changes in technology, the development of informal nuclear networks, and lax security in safeguarding weapons by states such as Russia and Pakistan have fueled global …
The Strategic Use Of Public And Private Litigation In Antitrust As Business Strategy, D. Daniel Sokol
The Strategic Use Of Public And Private Litigation In Antitrust As Business Strategy, D. Daniel Sokol
UF Law Faculty Publications
This Article claims that there may be a subset of cases in which private rights of action may work with public rights as an effective strategy for a firm to raise costs against rival dominant firms. A competitor firm may bring its own case (which is costly) and/or have government bring a case on its behalf (which is less costly). Alternatively, if the competitor firm has sufficient financial resources, it can pursue an approach that employs both strategies simultaneously. This situation of public and private misuse of antitrust may not happen often. As the Article will explore, it is not …
Submission To The Joint Standing Committee On Treaties Inquiry Into The Anti-Counterfeiting Trade Agreement, Kimberlee G. Weatherall
Submission To The Joint Standing Committee On Treaties Inquiry Into The Anti-Counterfeiting Trade Agreement, Kimberlee G. Weatherall
Kimberlee G Weatherall
Independent submission to JSCOT Inquiry into ACTA. Considers whether Australia should ratify ACTA, and in the process considers problems with ACTA.
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Privacy Policies, Terms Of Service, And Ftc Enforcement: Broadening Unfairness Regulation For A New Era, G. S. Hans
Michigan Telecommunications & Technology Law Review
This Note examines website privacy policies in the context of FTC regulation. The relevant portion of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a), uses the following language to define the scope of the agency's regulatory authority: "Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful." Specifically, this Note analyzes the FTC's power to regulate unfair practices (referred to as the FTC's "unfairness power") granted by Section 5, and also discusses the deception prong of Section 5, which allows the agency to …