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Articles 1 - 28 of 28
Full-Text Articles in Law
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Proactive Legislation And The First Amendment, Stuart Minor Benjamin
Michigan Law Review
It is a commonplace that the world is changing rapidly, with whole sectors of the economy being transformed. New forms of communication, like the World Wide Web, e-mail, and satellite television, have risen from obscurity to ubiquity in less than a decade. The speed of these changes has led some to express concern about the ability of governments to respond. The fear is that governments cannot keep up with developments as they occur and thus get hopelessly behind. The solution, according to some, is for the government to act proactively - before a harm has arisen, so that the government …
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara
Opting Out Of Regulation: A Public Choice Analysis Of Contractual Choice Of Law, Erin A. O'Hara
Vanderbilt Law Review
This Article uses public choice theory to analyze the function of choice-of-law clauses in contracts. Choice-of-law clauses are now quite common and are increasingly enforced, especially with the proliferation of international and Internet transactions. Because these clauses can be used by parties to avoid regulation, academics are now vigorously debating the extent to which this contractual opt out should be permitted. The Article presents a positive political theory of the interplay of legislative action and the enforcement of choice of law. It demonstrates that the important normative debate over choice of law is somewhat misguided because both sides fail to …
Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler
Connecting Regulations And Competition Law: A Swiss Perspective On Liberalization, Christian Bovet, Philippe Gugler
Law and Contemporary Problems
It is debated whether it is possible to liberalize markets successfully by means of introducing unrestrained competition only, or whether it is necessary to have regulators to supervise the opening of markets in adversarial administrative proceedings. Switzerland's problems and solutions in regards to the liberalization of its telecommunications industry are described.
The Insidious Remnants Of State Rules Respecting Capital Formation, Rutheford B. Campbell Jr.
The Insidious Remnants Of State Rules Respecting Capital Formation, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
As we move into the Twenty-First Century, state blue sky laws and regulations continue to govern a significant portion of the capital formation activities of our domestic businesses. As a result, state administrators, influenced by their historically informed preferences and local traditions, continue to play important roles when businesses attempt to access external capital sources.
Today, however, the effects of state blue sky laws, regulations, and administrators on capital formation are felt almost exclusively by small businesses. The capital formation activities of larger businesses generally have been freed from state control, most recently by the preemption contained in the National …
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Premises For Reforming The Regulation Of Securities Offerings: An Essay, James D. Cox
Law and Contemporary Problems
Cox discusses six fundamental tenets that should guide the regulation of public offerings of securities. It is assumed that regulation is to be re-examined from the ground up, with no political or regulatory constraints.
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Telemedicine: Rx For The Future Of Health Care, Susan E. Volkert
Michigan Telecommunications & Technology Law Review
Quite simply, telemedicine symbolizes and catalyzes the clash between the reality of our legal and political approach to health care and the American dream of bringing health care to all patients. Telemedicine, like our health care delivery systems, is regulated by many layers of government. Unlike other issues, telemedicine cuts through and challenges the traditional controls of access and cost. As such, telemedicine is a microcosm of our health care delivery system and a lens through which one may analyze the obstacles to access in the current system. This article examines these issues, proposes that telemedicine's goal should be to …
German Mdps: Lessons To Learn, Laurel Terry
German Mdps: Lessons To Learn, Laurel Terry
Faculty Scholarly Works
This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …
From Consumers To Users: Shifting The Deeper Structures Of Regulation Toward Sustainable Commons And User Access, Yochai Benkler
From Consumers To Users: Shifting The Deeper Structures Of Regulation Toward Sustainable Commons And User Access, Yochai Benkler
Federal Communications Law Journal
No abstract provided.
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Climbing The Walls Of Your Electronic Cage, Steven Hetcher
Michigan Law Review
Space. The final frontier. Not so, say the doyennes of the firstgeneration Internet community, who view themselves as the new frontiersmen and women staking out a previously unexplored territory - cyberspace. Numerous metaphors in the Internet literature picture cyberspace as a new, previously unexplored domain. Parallels are frequently drawn to the American colonies, the Western frontier, or outer space. In Code: And Other Laws of Cyberspace, Lawrence Lessig says, "Cyberspace is a place. People live there." In this place, we will build a "new society" (p. 4). A sense of this background is helpful in appraising Lessig's claims. He argues …
Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch, Jr.
Control And Governance Of Transmission Organizations In The Restructured Electricity Industry, Charles H. Koch, Jr.
Florida State University Law Review
No abstract provided.
Bargaining Theory And Regulatory Reform: The Political Logic Of Inefficient Regulation, David B. Spence, Lekha Gopalakrishnan
Bargaining Theory And Regulatory Reform: The Political Logic Of Inefficient Regulation, David B. Spence, Lekha Gopalakrishnan
Vanderbilt Law Review
In this Article David Spence and Lekha Gopalakrishnan pro- pose a new understanding of regulatory bargaining. Economists and others have long argued that the American regulatory system is unnecessarily inefficient. Critics charge that the system is both substantively inefficient, in that it sometimes mandates the use of inefficient means for achieving a regulatory goal, and procedurally inefficient, in its over-reliance on rules. These arguments have led to a wave of regulatory reform experiments in the federal bureaucracy, many of which seek to promote positive-sum changes in regulatory policy through bargaining among private- and public-sector stakeholders. As several commentators have noted, …
Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder
Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder
Federal Communications Law Journal
In April 1998, the FTC released a consumer alert pertaining to the increasing problem of online auction fraud. As the number of online auction participants increased, online auction fraud was becoming more prevalent. The FTC requested comments regarding methods that would be appropriate for curbing the increase in consumer deception. Many in the online auction industry proposed voluntary self-regulation. This Note exposes the inadequacy of industry self-regulation by analogizing online auction abuse with the misuse and near downfall of the 900-number industry. This Note proposes that only a regime of strict industry guidelines that the FTC initiates will halt online …
The International Symposium On Derivatives And Risk Management, Carl Felsenfeld, Alan N. Rechtschaffen, Carolyn H. Jackson, Ruth W. Ainslie, Michael N. Brosnan, Darcy Bradbury, Denis M. Forster, Martin Bienenstock, David A.P. Brower, Aaron Rubinstein, David Morris, Eric Seiler, Peter D. Morgenstern, Michael J. Malone, John Lovi, Alvin K. Hellerstein, Charles E. Ramos
The International Symposium On Derivatives And Risk Management, Carl Felsenfeld, Alan N. Rechtschaffen, Carolyn H. Jackson, Ruth W. Ainslie, Michael N. Brosnan, Darcy Bradbury, Denis M. Forster, Martin Bienenstock, David A.P. Brower, Aaron Rubinstein, David Morris, Eric Seiler, Peter D. Morgenstern, Michael J. Malone, John Lovi, Alvin K. Hellerstein, Charles E. Ramos
Fordham Journal of Corporate & Financial Law
No abstract provided.
Credit Derivatives: An Overview Of Regulatory Initiatives In The United States And Europe, Andre Scheerer
Credit Derivatives: An Overview Of Regulatory Initiatives In The United States And Europe, Andre Scheerer
Fordham Journal of Corporate & Financial Law
No abstract provided.
Networkindustries.Gov.Reg, Joseph P. Tomain
Networkindustries.Gov.Reg, Joseph P. Tomain
Faculty Articles and Other Publications
This essay is part of a Symposium entitled "American Regulatory Policy: Have We Found A Third Way?" The paper looks at the changes in the regulation of what were once called public utilities and are now called network industries. Traditional regulation is described and compared with the current form and structure of the regulation of these industries. The paper makes the argument that, even though deregulation is occurring consistent with Third Way thinking, it is occurring not only because of changes in world global economic views. Rather, it is changing because of what traditional regulation has accomplished.
Traditional regulation constructed …
Euro Conversion Legislation: An Inadequate Means To Protect Parties To Derivatives Contracts, Steven H. Emery
Euro Conversion Legislation: An Inadequate Means To Protect Parties To Derivatives Contracts, Steven H. Emery
Case Western Reserve Journal of International Law
No abstract provided.
The Disorders Of Unrestricted Capital Mobility And The Limits Of The Orthodox Imagination: A Critique Of Robert Solomon, 'Money On The Move: The Revolution In International Finance Since 1980', Timothy A. Canova
Timothy A. Canova
This book review provides a critique of Robert Solomon's' Money on the Move: The Revolution in International Finance since 1980'. According to the reviewer, Solomon has written a highly descriptive account of some of the major developments in global financial markets over the past two decades. His impressive compilation of events is couched in an objective, value-neutral narrative, thereby suggesting that the tide of orthodox policy reforms is as inevitable as the sun rising. But lurking just beneath the surface are the usual neoclassical assumptions that one might expect of a former chief international economist of the Federal Reserve Board: …
Banking Regulation: Its History And Future, Jerry W. Markham
Banking Regulation: Its History And Future, Jerry W. Markham
Faculty Publications
This article traces the history of the growth and regulation of banking services in the United States. That history will show how the existing regulatory structure was developed in response to demands of the Civil War and a populist crusade against the “money trust.” That effort reached its zenith with the New Deal legislation of the 1930s, but began to fall apart as financial services consolidated. The article will then show how the financial services industries (banking, insurance, securities and derivatives) began to merge in their product base while at the same time separating on a fault line between institutional …
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke
Richmond Journal of Global Law & Business
Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water resources depletion, soil and water salinization, agrochemical releases, animal wastes, nonpoint source water pollution, and air pollution-environmental law has given them a virtual license to do so. When combined, the active and passive safe harbors farms enjoy in most environmental laws amount to an anti-law that finds no rational basis given the magnitude of harms farms cause. This paper comprehensively documents the environmental harms farms cause and the safe harbors …
The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat
The New Chemical Weapons Convention And Export Controls: Towards Greater Multilateralism, Urs A. Cipolat
Michigan Journal of International Law
The article is structured in five parts. Section I gives an overview of the history of the CWC. Section II focuses on the CWC' s material scope. This discussion is important in order to determine the items that will fall under an eventual export control obligation. Section III presents the main obligations under the CWC, while Section IV deals exclusively with the specific obligations pertaining to export controls. The implementation of these specific obligations-which, for the purposes of this article, are referred to as transfer rules-is the focus of Section V.
Multidisciplinary Practice And The American Legal Profession: A Market Approach To Regulating The Delivery Of Legal Services In The Twenty-First Century, John S. Dzienkowski, Robert J. Peroni
Multidisciplinary Practice And The American Legal Profession: A Market Approach To Regulating The Delivery Of Legal Services In The Twenty-First Century, John S. Dzienkowski, Robert J. Peroni
Fordham Law Review
No abstract provided.
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
Michigan Journal of International Law
This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …
The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter
The New Rules On Cross-Border Tender And Exchange Offers, Business Combinations And Rights Offerings: Competition Or Harmonization?, Julian T. Perlmutter
Michigan Journal of International Law
This note introduces the Cross-Border Rules in the context of the rapidly changing securities markets and highly competitive regulatory systems noted above. It addresses the elements and impact of internationalization on cross-border tender offers and the modern U.S. regulatory response. The SEC has avoided any public moves to harmonize the U.S. system with those of other major capital markets and has instead made incremental changes aimed at maintaining the system's perceived strengths. The Cross-Border Rules represent a somewhat ungainly attempt to placate U.S. investors by bending the Williams Act tender offer rules using exemptions for certain transactions.
Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley
Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley
Articles
This Article will adopt the perspective of individuals with disabilities in their encounters with the health care finance and delivery system in the United States, and will pose the question of what the past decade has shown the ADA to mean (or not mean) for those individuals' ability to seek, receive, and pay for effective health care services. To that end, this Article will provide an overview of three broad areas on which the ADA has had varying degrees of impact.
Part II of the Article will examine how the ADA has affected the rights of an individual with a …
Massachusetts, Myanmar, Market Participation, And The Federal Shutdown Of Selective Purchasing Laws: Is The Power To Purchase Really The Power To Regulate , Scott Sommers
Northwestern Journal of International Law & Business
This article does not discuss whether intentionally giving companies an incentive to withdraw from Burma is economically or politically desirable for the people of Burma. The First Circuit did not concern itself with this subject either in rejecting the Massachusetts Burma Law. The question of interest to the court, and which should be of interest to any state citizen or global corporation interested in doing business with state agencies, was whether Massachusetts had the discretion to make a purchasing law directly concerning the business involvement of suppliers in foreign countries. While legitimate legal and practical arguments may be made that …
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Constitutional Federalism, Individual Liberty, And The Securities Litigation Uniform Standards Act Of 1998, Adam C. Pritchard
Articles
This Article proceeds in four parts. Part I provides background on the historical development of constitutional federalism, the Supreme Court's decisions in this area, and the apparent demise of constitutional limits on federal power. Part II then reviews the Court's revival of constitutional federalism over the last decade. Based on this review, I argue that the Supreme Court's current federalism doctrine can be understood as a "constrained libertarianism" that attempts to use constitutional structure as a check on government interference with individual liberty. In this model, states are respected in our constitutional system because of the counterbalance that they provide …