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Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk 2015 George Mason Univeristy School of Law

Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk

Richard Faulk

The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.


Dilution At The Patent And Trademark Office, Jeremy N. Sheff 2015 St. John's University

Dilution At The Patent And Trademark Office, Jeremy N. Sheff

Michigan Telecommunications and Technology Law Review

This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to ...


Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans 2015 University of Michigan Law School

Regulating Electricity-Market Manipulation: A Proposal For A New Regulatory Regime To Proscribe All Forms Of Manipulation, Matthew Evans

Michigan Law Review

Congress broadly authorized the Federal Energy Regulatory Commission (“FERC”) to protect consumers of electricity from all forms of manipulation in the electricity markets, but the regulations that FERC passed are not nearly so expansive. As written, FERC’s Anti-Manipulation Rule covers only instances of manipulation involving fraud. This narrow scope is problematic, however, because electricity markets can also be manipulated by nonfraudulent activity. Thus, in order to reach all forms of manipulation, FERC is forced to interpret and apply its Anti-Manipulation Rule in ways that strain the plain language and accepted understanding of the rule and therefore constitute an improper ...


The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger 2015 University of Georgia School of Law

The Impact Of Third Preference Status (Professionals) On Immigrants As Created By The 1965 Amendment To The Immigration And Nationality Act - Retraction Of Expansion Of Degree Equivalency - Matter Of Portugues Do Atlantico Information Bureau, Inc., Debra A. Egger

Georgia Journal of International & Comparative Law

No abstract provided.


Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs 2015 Univerity of Tilburg, Netherlands

Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs

Georgia Journal of International & Comparative Law

No abstract provided.


Foia Response From Uscis On Parole, Shoba Sivaprasad Wadhia 2015 Pennsylvania State University, Dickinson School of Law

Foia Response From Uscis On Parole, Shoba Sivaprasad Wadhia

Shoba Sivaprasad Wadhia

No abstract provided.


One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell 2015 University of Nevada - Reno

One Small Problem With Administrative Driver’S License Suspension Laws: They Don’T Reduce Drunken Driving, Steve R. Darnell

Steve R Darnell

Only eight states continue to rely on the judicial system to suspend a drunken driver’s license instead of an administrative process. Federal agencies and special interest groups such as Mothers Against Drunk Driving (MADD) and the Insurance Institute for Highway Safety press for Administrative License Suspension (ALS) laws arguing these laws reduce drunken driving. While some research supports this view, there is an equally and more compelling literature indicating ALS laws are not effective in reducing drunken driving.

This study analyzed data from eight states that have adopted ALS laws to determine if the ALS laws reduced drunken driving ...


Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe 2015 University of Georgia School of Law

Immigration - Due Process - The Availability Of Constitutional Safeguards To Detained Cuban Aliens, Garcia-Mir V. Meese, 788 F.2d 1446 (11th Cir. 1986), Cert. Denied, 107 S. Ct. 289 (1986)., Elizabeth G. Marlowe

Georgia Journal of International & Comparative Law

No abstract provided.


United States Customs Service Appraisals: The Dutiability Of Buying Agent Commissions - An Application Of The Trade Agreements Act Of 1979, James K. Austin 2015 University of Georgia School of Law

United States Customs Service Appraisals: The Dutiability Of Buying Agent Commissions - An Application Of The Trade Agreements Act Of 1979, James K. Austin

Georgia Journal of International & Comparative Law

No abstract provided.


Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack 2015 Boston College Law School

Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack

Boston College Environmental Affairs Law Review

In Defenders of Wildlife v. United States Department of the Navy, the U.S. Court of Appeals for the Eleventh Circuit held that the environmental review conducted by the Navy and the National Marine and Fishery Service regarding the proposed construction and operation of a warfare training range was in compliance with federal law. In particular, the court found that segmentation of review at its final stages did not violate the National Environmental Policy Act or the Endangered Species Act. This Comment addresses the danger of allowing a technicality to authorize segmentation of environmental review, and its potential negative impacts ...


Ferc Net Metering Decisions Keep States In The Dark, Benjamin Hanna 2015 Boston College Law School

Ferc Net Metering Decisions Keep States In The Dark, Benjamin Hanna

Boston College Environmental Affairs Law Review

As the effects of climate change increasingly become a reality, policymakers have recognized the need for more renewable energy, such as wind and solar power, and the benefits of distributed generation. One important way that both renewable energy and distributed generation are being addressed is through the use of electrical net metering policies. Net metering allows property owners to generate their own electricity and to receive credit from their utility company for any excess. State net metering policies are pervasive—forty-three states and the District of Columbia have adopted some form of net metering—and yet uncertainty remains about their ...


Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera 2015 Boston College Law School

Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera

Boston College Environmental Affairs Law Review

Wetlands are vital to the health of the nation’s waterways. Even small, geographically isolated wetlands can perform important functions that benefit their surrounding ecosystem. Despite the important role of smaller wetlands, the federal Clean Water Act (CWA) protection of these areas is limited to those wetlands that satisfy legal tests limited by the Commerce Clause of the Constitution. The main test to establish jurisdiction—the “significant nexus” test—relies on a connection between a wetland and a navigable-in-fact waterway. Smaller wetlands, however, may not each have individual connections that are sufficient to satisfy the significant nexus test. When wetlands ...


Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher 2015 Boston College Law School

Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher

Boston College Environmental Affairs Law Review

Although oil and gas companies continue to maintain that fracking is safe and there is no risk of injury, personal accounts from residents of areas with a fracking industry presence suggest otherwise. Oil and gas companies utilize a variety of mechanisms to ensure secrecy within the industry. Through gaps in federal regulation, the classification of fracking fluid as a trade secret, sealed settlements, and confidentiality orders imposed on people injured by fracking, access to information about the industry—including chemicals used and harm to residents—is minimal. This Note argues that the implementation of state sunshine laws is one possible ...


Blowing The Whistle On Environmental Law: How Congress Can Help The Epa Enlist Private Resources In The Fight To Save The Planet, Christopher K. Warren 2015 Boston College Law School

Blowing The Whistle On Environmental Law: How Congress Can Help The Epa Enlist Private Resources In The Fight To Save The Planet, Christopher K. Warren

Boston College Environmental Affairs Law Review

Following the 2008 financial crisis, regulators faced the task of returning the country to financial stability and protecting consumers. Given the challenges involved, Congress empowered the SEC and the CFTC, through the Dodd-Frank Act, to encourage whistleblowers to come forward through programs that provide significant financial rewards and protection. These programs are part of the evolving field of whistleblower law that has been tremendously successful at uncovering wrongdoing while rewarding whistleblowers. Given the success of these programs and recognition by Congress that they can be useful tools to combat threats to the government, Congress should consider whether a similar system ...


When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts 2015 University of Utah S.J. Quinney College of Law

When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts

Boston College Environmental Affairs Law Review

Although the U.S. Clean Water Act does not directly regulate nonpoint source water pollution, it does provide mechanisms that prompt states to address nonpoint source water quality problems within their borders. This prompt, however, merely raises the next question: when, or under what political conditions, will states actually do so? Although individual states within the United States provide many bases for comparison, this Article examines the issue of prompting nonpoint source regulation from an international comparative perspective, focusing on the nascent efforts of the Australian states of Victoria and Queensland to address nonpoint source pollution and the potential lessons ...


Public Regulation Of Private Enforcement: Empirical Analysis Of Doj Oversight Of Qui Tam Litigation Under The False Claims Act, David Freeman Engstrom 2015 Northwestern University School of Law

Public Regulation Of Private Enforcement: Empirical Analysis Of Doj Oversight Of Qui Tam Litigation Under The False Claims Act, David Freeman Engstrom

Northwestern University Law Review

No abstract provided.


Agency Adjudication And Judicial Nondelegation: An Article Iii Canon, Mila Sohoni 2015 Northwestern University School of Law

Agency Adjudication And Judicial Nondelegation: An Article Iii Canon, Mila Sohoni

Northwestern University Law Review

No abstract provided.


Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague 2015 Chicago-Kent College of Law

Law Abiding Drones, Henry H. Perritt Jr., Eliot O. Sprague

Henry H. Perritt, Jr.

No abstract provided.


Innovations In Mobile Broadband Pricing, Daniel A. Lyons 2015 Boston College Law School

Innovations In Mobile Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers were permitted to offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally could not vary the service itself: with limited exceptions, broadband providers were generally required to offer customers access to all lawful Internet traffic, or none at all.

This paper explores the ...


“Camels Agree With Your Throat” And Other Lies: Why Graphic Warnings Are Necessary To Prevent Consumer Deception, Ellen English 2015 University of Florida Levin College of Law

“Camels Agree With Your Throat” And Other Lies: Why Graphic Warnings Are Necessary To Prevent Consumer Deception, Ellen English

Florida Law Review

The government’s latest attempt to protect consumers from the perils of tobacco use is in jeopardy. In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act, which requires cigarette advertisements and packages to bear nine new textual health warnings and gives the FDA authority to regulate tobacco products. In 2011, in compliance with the Act, the FDA issued a regulation, known as the graphic warning requirement, which mandates that a color graphic image accompany each of the nine textual warning statements. The graphic warning requirement now faces challenges from the tobacco industry, and the ambiguities current standards ...


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