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Articles 1 - 30 of 136
Full-Text Articles in Administrative Law
Government Election Advocacy: Implications Of Recent Supreme Court Analysis, Steven J. Andre
Government Election Advocacy: Implications Of Recent Supreme Court Analysis, Steven J. Andre
Steven J. Andre
The constitutional issue presented by government partisanship in elections is becoming increasingly significant for review by the U.S. Supreme Court. The high Court’s decisions in Arizona Free Enterprise Club, Citizens United v. FEC and Pleasant Grove City v. Summum shed significant light on how the high Court would handle the government campaigning question if it should ever accept review on the issue. This article reviews lower court treatment of the problem and describes the U.S. Supreme Court’s analysis of election and First Amendment concerns and applies that analysis to the question of partisan government expenditures during election contests.
Book Review, Environmental Law And Sustainability After Rio, David Wirth
Book Review, Environmental Law And Sustainability After Rio, David Wirth
David A. Wirth
Review of an accessible collection of essays from around the world, offering insights into legal and political issues surrounding environmental law and sustainability.
El Pacto Comisorio De La Ley De Garantias Mobiliarias Vs. El Pacto Marciano Del Real Decreto 5-2005, John Pineda Galarza, José Jareño Torrente
El Pacto Comisorio De La Ley De Garantias Mobiliarias Vs. El Pacto Marciano Del Real Decreto 5-2005, John Pineda Galarza, José Jareño Torrente
John Pineda Galarza
El pacto comisorio se encuentra prohibido en España, no obstante se promulgó el Real Decreto 5/005, el cual recoge al pacto marciano como una excepción a la prohibición del pacto comisorio. En ese contexto, se hizo un análisis económico comparativo sobre la aceptación del pacto comisorio en el sistema peruano y en su modalidad marciana española.
Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel
Gaming The System: Bio-Economics, Game Theory, & Fisheries Management, Richard A. Grisel
Richard A Grisel
This paper argues that game theory provides powerful, effective new tools to analyze externalities that occur in the context of strategic, multi-party, interactive decision-making. I will attempt to treat this as a non-technical paper and avoid the complex mathematics better left to economists and mathematicians. Instead, a more achievable goal is to illustrate how high-seas open-access fishing is virtually identical to a game situation, treat the fundamentals of game theory, and demonstrate that game theoretic analyses are well-suited and fruitful for designing effective policy responses to fisheries management, particularly with respect to the straddling stocks problem. Indeed, one seminal fisheries …
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
Ron D. Katznelson
This two-part article discusses the Patent and Trademark Office’s recent proposed rulemaking setting new patent user fees. In Part I the author argues that the PTO can raise fees in accordance with its aggregate costs but lacks authority to set national patent policies, or to skew certain fees to discourage or encourage a particular service. The author also asserts that the America Invents Act does not vest with the PTO discretion to set the level of its operating reserve – a determination reserved solely for congressional appropriations. In an upcoming Part II, the author will discuss specific fees and their …
Pacto Por México, Alejandro Faya Rodriguez
Pacto Por México, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
Simon Chesterman
This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …
The Evolving Internet: Patterns In Usage And Pricing, Daniel Lyons
The Evolving Internet: Patterns In Usage And Pricing, Daniel Lyons
Daniel Lyons
No abstract provided.
Podcast, Usage-Based Pricing In Broadband, Daniel Lyons
Podcast, Usage-Based Pricing In Broadband, Daniel Lyons
Daniel Lyons
No abstract provided.
Encontrar Las Diferencias: Ley De Contrataciones Del Estado Y Ley De App's, Jonnathan Bravo, Rodolfo Miranda
Encontrar Las Diferencias: Ley De Contrataciones Del Estado Y Ley De App's, Jonnathan Bravo, Rodolfo Miranda
Jonnathan Bravo Venegas
No abstract provided.
Author Meets Critics Session On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom
Author Meets Critics Session On Aftermath: Deportation Law And The New American Diaspora, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom
Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom
Scott M Engstrom
Although HIV has qualified as a disability under the Americans with Disabilities Act (“ADA”) ever since the Supreme Court’s 1998 decision in Bragdon v. Abbott, the ADA’s “direct threat” defense has been broadly used and interpreted expansively. Although many sub-categories of individuals with HIV have meritorious legal issues that demand analysis, the complexities of the medical profession coupled with HIV’s stigma have rendered confidentiality and disclosure issues ripe in that field. For the purpose of this note I have grouped together all individuals who provide medical services into a class which I call “Medical Care Workers” or “MCWs.” More specifically, …
Habemus Reforma, No Congeladora, Alejandro Faya Rodriguez
Habemus Reforma, No Congeladora, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan R. K. Stroud
Jonathan R. K. Stroud
Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …
Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice
Whither The Canaries: On The Exclusion Of Poor People From Equal Constitutional Protection, Julie Nice
Julie A. Nice
While neoliberal orthodoxy posits that a rising tide of economic growth will lift all boats, a sea change began in the United States around 1970 that marked the end of our social commitment to shared prosperity and the beginning of the steady widening of income inequality to its current historic level. In response, poor people might have been expected to turn to the courts for protection against the perennially pervasive prejudice against them, especially considering their relative—if not absolute—lack of political clout. But the Supreme Court had virtually closed the courthouse door in Dandridge v. Williams, affording to poor people …
Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson
Jeffrey T Matson
In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These officials envision entering into an interstate compact to divest the Corps of some of its operational authority and to broaden their role in managing water resources. Similarly, MRB tribal leaders argue that the Corps fails to operate its System in a manner that respects the interrelated issues of …
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act, John L. Gedid
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act, John L. Gedid
John L. Gedid
No abstract provided.
Panelist, The Current Immigration Debate, Daniel Kanstroom
Panelist, The Current Immigration Debate, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
¿Obama O Romney?, Alejandro Faya Rodriguez
¿Obama O Romney?, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace
Perry Wallace
No abstract provided.
Keynote Address, Houston Journal Of International Law Fall Lecture Series, Daniel Kanstroom
Keynote Address, Houston Journal Of International Law Fall Lecture Series, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Fcc Regulation Versus Antitrust: How Net Neutrality Is Defining The Boundaries, Babette E.L. Boliek
Fcc Regulation Versus Antitrust: How Net Neutrality Is Defining The Boundaries, Babette E.L. Boliek
Babette Boliek
This Article challenges the various jurisdictional theories that underpin the FCC’s net neutrality regulation. The assertion of jurisdiction by the FCC over any aspect of the Internet ecosystem has raised populist, congressional, and even judicial rhetoric to a crescendo and resulted in a recent vote to defund the FCC’s efforts. This Article places the current crisis squarely in the context of the long-standing jurisdictional struggle between regulation and antitrust law. These two regimes are often at jurisdictional cross-purposes because, even though they both purport to maximize the social good, they do so by inapposite means. Indeed, there is a policy …
Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana
Chevron Without The Courts? The Supreme Court's Recent Chevron Jurisprudence Through An Immigration Lens, Shruti Rana
Shruti Rana
The limits of administrative law are undergoing a seismic shift in the immigration arena. Chevron divides interpretive and decision-making authority between the federal courts and agencies in each of two steps. The Supreme Court may now be transforming this division in largely unrecognized ways. These shifts, currently playing out in the immigration context, may threaten to reshape deference jurisprudence by handing more power to the immigration agency just when the agency may be least able to handle that power effectively. An unprecedented surge in immigration cases—now approximately 90% of the federal administrative docket—has arrived just as the Court is whittling …
Combat Strategies And The Law Of War In The Age Of Terrorism, David Wirth
Combat Strategies And The Law Of War In The Age Of Terrorism, David Wirth
David A. Wirth
Analysis of the need for new rules of engagement and a modified understanding of the law of war as a result of the war on terror
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
Sohail Ahmed Ansari Advocate
Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …
Reforma Laboral Y Sus Efectos, Alejandro Faya Rodriguez
Reforma Laboral Y Sus Efectos, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
The Transatlantic Gmo Dispute Against The European Communities, David Wirth
The Transatlantic Gmo Dispute Against The European Communities, David Wirth
David A. Wirth
No abstract provided.
Climate Engineering, David Wirth
Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel
Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
Iniciativa Ifai, Alejandro Faya Rodriguez
Iniciativa Ifai, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.