Heat & Frost Insulators & Allied Workers Loc. 16 V. Lab. Comm’R; Univ. Of Nev., Reno; & Core Constr., 134 Nev. Adv. Op. 1 (Jan. 4, 2018), 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Heat & Frost Insulators & Allied Workers Loc. 16 V. Lab. Comm’R; Univ. Of Nev., Reno; & Core Constr., 134 Nev. Adv. Op. 1 (Jan. 4, 2018), Alma Orozco
Nevada Supreme Court Summaries
NRS 233B.130(2)(c)(1)’s service requirement is mandatory and jurisdictional. Further, under NRS 233B.130(5), the district court has jurisdiction to extend time for service for good cause, either before or after the 45-day service period has run.
Central Clearing Of Financial Contracts: Theory And Regulatory Implications, 2018 Duke Law School
Central Clearing Of Financial Contracts: Theory And Regulatory Implications, Steven L. Schwarcz
To protect economic stability, post-crisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central counterparties, such as clearinghouses associated with securities exchanges. This Article asks whether regulators should expand the central clearing requirement to non-derivative financial contracts, such as loan agreements. The Article begins by theorizing how and why central clearing can reduce systemic risk. It then examines the theory’s regulatory and economic efficiency implications, first for current requirements to centrally clear derivatives contracts and thereafter for deciding whether to extend those requirements to non-derivative contracts. The inquiry has real practical importance because ...
Promoting Executive Accountability Through Qui Tam Legislation, 2018 University of Georgia School of Law
Promoting Executive Accountability Through Qui Tam Legislation, Randy Beck
For hundreds of years prior to ratification of the U.S. Constitution, Anglo-American legislatures used qui tam legislation to enforce legal constraints on government officials. A qui tam statute allows a private informer to collect a statutory fine for illegal conduct, even if the informer lacks the particularized injury normally required for Article III standing. This essay explores whether qui tam regulation should be revived as a means of ensuring executive branch legal accountability."
Regulating Robo Advice Across The Financial Services Industry, 2018 University of Pennsylvania Law School
Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert
Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that are different ...
Regulating By Example, 2018 University of Texas School of Law
Regulating By Example, Susan C. Morse, Leigh Osofsky
Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.
In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with ...
Framing Contemporary U.S. Wild Horse And Burro Management Processes In A Dynamic Ecological, Sociological, And Political Environment, J. Derek Scasta, Jacob D. Hennig, Jeffrey L. Beck
The Wild Free-Roaming Horses and Burros Act (WFRHBA) of 1971 established all “unbranded or unclaimed” equids on U.S. public lands as “living symbols of the historic and pioneer spirit of the West.” Today, >72,000 feral horses (Equus ferus caballus) and burros (E . asinus ; WHB) live on western U.S. public rangelands. The number of WHBs exceeds the Bureau of Land Management’s maximum Appropriate Management Level (AML) of 26,715 by a factor of approximately 2.7 and has nearly doubled from 2007–2015. The AML was set to balance WHB numbers with rangeland health and support other ...
The Regulation Of Trading Markets: A Survey And Evaluation, 2018 University of Virginia School of Law
The Regulation Of Trading Markets: A Survey And Evaluation, Paul G. Mahoney, Gabriel V. Rauterberg
This chapter was prepared for a conference exploring the desirability and structure of a new special study of the securities markets. Our objective is not to resolve all of the questions that commentators have raised about the new equity markets, but to lay the groundwork for a new special study by surveying the state of market regulation, identifying issues, and offering preliminary evaluations.
Auer Evasions, 2018 Case Western Reserve University School of Law
Auer Evasions, Jonathan Adler
Auer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regulations. Auer built upon, and arguably expanded, the Court’s long-standing practice of deferring to agency interpretations of their own regulations born in Bowles v. Seminole Rock. Although initially uncontroversial, the doctrine has come under fire from legal commentators and prominent jurists, including Auer’s author, the late Justice Antonin Scalia. As Justice Scalia came to recognize, Auer deference enables agencies to evade a wide range of legal constraints that are otherwise imposed upon agency behavior, the ability of agencies to take action with the force ...
Revisiting Seminole Rock, 2018 Notre Dame Law School
Revisiting Seminole Rock, Jeffrey A. Pojanowski
The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.
This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at Seminole ...
Reconstructing An Administrative Republic, 2018 Notre Dame Law School
Reconstructing An Administrative Republic, Jeffrey A. Pojanowski
The book Constitutional Coup, by Professor Jon D. Michaels, offers a learned, lucid, and important argument about the relationship between privatization, constitutional structure, and public values in administrative governance. In particular, Michaels argues that the press toward privatization in this domain poses a serious threat to the United States' separation of powers and the public interest. This review essay introduces readers to Michaels' argument and then raises two questions: First, it asks whether Michaels’ method of constitutional interpretation and doctrinal analysis accelerate the trend toward privatization and consolidation of power in agency heads, the very evils he seeks to avoid ...
Petitioning And The Making Of The Administrative State, 2018 University of Pennsylvania Law School
Petitioning And The Making Of The Administrative State, Maggie Mckinley
The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state ...
Regulation By Database, 2018 Southern Methodist University, Dedman School of Law
Regulation By Database, Nathan Cortez
The federal government currently publishes 195,245 searchable databases online, a number of which include information about private parties that is negative or unflattering in some way. Federal agencies increasingly publish adverse data not just to inform the public or promote transparency, but to pursue regulatory ends ⎯ to change the underlying behavior being reported. Such "regulation by database" has become a preferred method of regulation in recent years, despite scant attention from policymakers, courts, or scholars on its appropriate uses and safeguards.
This Article, then, evaluates the aspirations and burdens of regulation by database. Based on case studies of six ...
Critical Infrastructure, Cybersecurity, And Market Failure, 2018 Roger Williams University School of Law
Critical Infrastructure, Cybersecurity, And Market Failure, John J. Chung
Law Faculty Scholarship
No abstract provided.
Why Guidance From The Supreme Court Is Required In Redefining The Particular Social Group Definition In Refugee Law, 2018 University of Michigan Law School
Why Guidance From The Supreme Court Is Required In Redefining The Particular Social Group Definition In Refugee Law, Liliya Paraketsova
University of Michigan Journal of Law Reform
One of the most debated topics in refugee law has been the meaning of particular social group (PSG)—one of the five categories used to claim refugee status. In 2006, the Board of Immigration Appeals (BIA) adopted a narrower PSG definition. Since that adoption, a circuit split has persisted over the meaning of PSG. Two circuits in particular have continually refused to adopt this definition—even when the BIA attempted to revise the definition in response to their criticism. This Note proposes a reform that would include a compromise between the two current definitions of PSG by rejecting the BIA ...
Understanding Administrative Sanctioning As Corrective Justice, 2018 Tel Aviv University
Understanding Administrative Sanctioning As Corrective Justice, Eithan Y. Kidron
University of Michigan Journal of Law Reform
When should a regulator prefer criminal sanctions over administrative sanctions? What procedural protections should apply if a process is labeled civil but the sanctions are, in fact, criminal in type? And can the state justifiably conduct parallel proceedings for punitive sanctions against the same person or entity for the same conduct?
Throughout the years, judges and scholars alike have tried to understand and classify administrative sanctioning. Common to all of these conceptions is their failure to provide a complete normative framework for this unique body of law, which in turn makes it difficult to identify its practical limits and to ...
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, 2018 Texas A&M University School of Law
Regulatory Cooperation In International Trade And Its Transformative Effects On Executive Power, Elizabeth Trujillo
As international trade receives the brunt of local discontent with globalization trends and recent changes by the Trump administration have put into question the viability of such trade arrangements moving forward, there has been a clear trend in using international trade fora for managing regulatory barriers on economic development. This paper will discuss this recent trend in international trade toward increased regulatory cooperation through the creation of formalized transnational regulatory bodies, such as the U.S.-EU Regulatory Cooperation Body that was being discussed in the TTIP negotiations and comparable ones in the Canadian-EU Trade Agreement as well as U ...
The Commenting Power: Agency Accountability Through Public Participation, 2018 University of Oklahoma College of Law
The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan
Oklahoma Law Review
No abstract provided.
Drilling When The Well Goes Dry: The Oklahoma Corporation Commission & The Police Power Exception To The Automatic Stay, 2018 University of Oklahoma College of Law
Drilling When The Well Goes Dry: The Oklahoma Corporation Commission & The Police Power Exception To The Automatic Stay, Connor R. Bourland
Oklahoma Law Review
No abstract provided.
Improving Regulatory Analysis At Independent Agencies, 2018 University of Pennsylvania Law School
Improving Regulatory Analysis At Independent Agencies, Cary Coglianese
American University Law Review
No abstract provided.
Quacks Or Bootleggers: Who’S Really Regulating Hedge Funds?, 2018 Mercer University School of Law
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 ...