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Articles 1 - 11 of 11
Full-Text Articles in Social and Behavioral Sciences
Crossed Signals In A Wireless World: The Seventh Circuit’S Misapplication Of The Complete Preemption Doctrine, Matthew J. Kleiman
Crossed Signals In A Wireless World: The Seventh Circuit’S Misapplication Of The Complete Preemption Doctrine, Matthew J. Kleiman
Duke Law & Technology Review
As the number of wireless telephone users continues to proliferate, so does the number of lawsuits against wireless service providers. While consumers seek to utilize various consumer-friendly state law causes of action, the wireless industry continues to push for a uniform federal regulatory regime. Ambiguous language in the Federal Communications Act of 1934 ("FCA") and disagreement among the federal circuits has led to much confusion over whether state law claims affecting wireless rates and market entry are removable to federal court by way of "complete preemption." This iBrief argues that FCA's preemption power is limited by its savings clause, failure …
Wireless Local Number Portability: New Rules Will Have Broad Effects, Stephen M. Kessing
Wireless Local Number Portability: New Rules Will Have Broad Effects, Stephen M. Kessing
Duke Law & Technology Review
After a delay of over seven years, wireless local number portability rules ("WLNP") finally went into effect on November 24, 2003. These rules, promulgated by the Federal Communications Commission, allow wireless subscribers to change service providers within a given location while retaining the same phone number. The rules also allow consumers to transfer a land-based telephone number to a cellular provider. These new choices will likely have a significant impact on the wireless industry and increase competition in an already intense playing field. This iBrief provides a summary of the new rules, looks at the history and litigation, and predicts …
Investigating Terrorism: The Role Of The First Amendment, Amy E. Hooper
Investigating Terrorism: The Role Of The First Amendment, Amy E. Hooper
Duke Law & Technology Review
This iBrief discusses the constitutionality of a government policy enacted shortly after September 11, 2001 that denies public access to deportation hearings in cases allegedly bearing some connection to terrorism. This ibrief discusses two Circuit Courts of Appeals decisions on the issue and argues that this policy is unconstitutional.
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo
Faculty Scholarship
This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …
The Domestic Origins Of International Agreements, Rachel Brewster
The Domestic Origins Of International Agreements, Rachel Brewster
Faculty Scholarship
This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler
Faculty Scholarship
No abstract provided.
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
A Tournament Of Judges?, Stephen Choi, Mitu Gulati
Faculty Scholarship
We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Faculty Scholarship
Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …
Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer
Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking
Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking
Faculty Scholarship
The relationship between black constituency size and congressional support for black interests has two important attributes: magnitude and stability. Although previous research has examined the first characteristic, scant attention has been directed at the second. This article examines the relationship between district racial composition and congressional voting patterns with a particular emphasis on the stability of support across different types of votes and different types of districts. We hypothesize that, among white Democrats, the influence of black constituency size will be less stable in the South, owing in part to this region’s more racially divided constituencies. Examining LCCR scores from …