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Full-Text Articles in Law
Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd
Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, Jeremy Kidd
Washington and Lee Law Review
Influential scholars of corporate law have questioned previous federal interventions into corporate governance, calling it quackery. Invoking images of medical malpractice, these critiques have argued persuasively that Congress, in responding to crises, makes policy that disrupts efficient private rules and established state laws. This Article applies the Bootleggers and Baptists theory to show that Dodd–Frank’s hedge fund rules are more than just negligent or reckless, but designed to benefit special interests that compete with the hedge fund model. Those rules offer no solutions to any real or perceived risks arising from hedge fund investing, but might offer an advantage to …
Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University Of California - Berkeley
Collaborative Gatekeepers, Stavros Gadinis, Colby Mangels University Of California - Berkeley
Washington and Lee Law Review
In their efforts to hold financial institutions accountable after the 2007 financial crisis, U.S. regulators have repeatedly turned to anti-money-laundering laws. Initially designed to fight drug cartels and terrorists, these laws have recently yielded billion-dollar fines for all types of bank engagement in fraud and have spurred an overhaul of financial institutions’ internal compliance. This increased reliance on anti-money-laundering laws, we argue, is due to distinct features that can better help regulators gain insights into financial fraud. Most other financial laws enlist private firms as gatekeepers and hold them liable if they knowingly or negligently engage in client fraud. Yet, …
Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law
Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law
Washington and Lee Law Review
No abstract provided.
Dynamic Forest Federalism, Blake Hudson
Dynamic Forest Federalism, Blake Hudson
Washington and Lee Law Review
State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …
Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme
Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme
Washington and Lee Law Review
Patents are limited-term monopolies awarded to inventors to incentivize innovation. But there is another monopoly that has been largely overlooked at the heart of patent law: the monopoly of the U.S. Patent and Trademark Office (PTO) over the granting of patents. This Article addresses this topic by developing the notion of a regulatory monopoly, where a single governmental actor has the power to set prices in a regulatory area. The Article explains how regulatory monopolists like the PTO could enhance social welfare via differential pricing—by charging regulated entities differing fees based on their willingness and ability to pay. In particular, …
Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson
Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson
Washington and Lee Law Review
No abstract provided.
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
Washington and Lee Law Review
No abstract provided.
Administrative Law-Delegation Of Legislative Power To Private Groups To Set Wage Standards For Public Construction Contracts [Baughn V. Gorrell & Riley, Ky. 1949].
Washington and Lee Law Review
No abstract provided.
Clayton Act Quantity Limit Proceedings, Alan Buxton Hobbs
Clayton Act Quantity Limit Proceedings, Alan Buxton Hobbs
Washington and Lee Law Review
No abstract provided.
The Ex Post Facto Aspect Of Administrative Law, Edgar A. Prichard
The Ex Post Facto Aspect Of Administrative Law, Edgar A. Prichard
Washington and Lee Law Review
No abstract provided.
Separation Of Powers, Fred L. Fox
The Morgan Case As A Threat To The Full Hearing Requirement In Rate Making Proceedings
The Morgan Case As A Threat To The Full Hearing Requirement In Rate Making Proceedings
Washington and Lee Law Review
No abstract provided.