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Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery

Community & Environmental Health Faculty Publications

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is now expected to allow participants to redeem their food benefits online, i.e., via online ordering, rather than only in-store. However, it is unclear how this new benefit redemption model may impact participants’ welfare since vendors may have an asymmetric information advantage compared with WIC customers. The WIC online ordering environment may also change the landscape for WIC vendors, which will eventually affect WIC participants. To protect WIC consumers’ rights in the new online ordering model, policymakers need an appropriate legal and regulatory framework. This narrative review provides that …

Renewable Energy Legislation In Nevada: 2017 - 2021, Peter Grema, Zachary Walusek, Caitlin J. Saladino, William E. Brown Jr.

Environment

The purpose of this fact sheet is to summarize legislative actions from the biennial 79th, 80th, and 81st Nevada Legislative Sessions (2017, 2019, and 2021) regarding solar energy production and state efforts to reach 50 percent energy production from renewable sources by 2030. By 2050, Nevada has a statutorily mandated obligation to be a net-zero carbon producer in fulfilling energy production needs from large scale utility services.

Singapore Will Soon Have Workplace Anti-Discrimination Laws: Here’S What You Need To Know, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Work is often a significant part of one’s life. Decisions by employers — including hiring decisions and choices on how to treat employees at work — can have life-changing effects on lives and livelihoods. Therefore, if there were reason to suspect that some employers make such decisions on the grounds of applicants’ or employees’ race, sex, or other personal characteristics without a valid reason, then we should be worried. If that were to become widespread, our society would suffer. Some people would face greater challenges than others at work, and therefore in life, merely because of who they are.

Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer

Seattle University Law Review Online

No abstract provided.

Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai

All Faculty Scholarship

Policymakers in the United States have just begun to address regulation of artificial intelligence technologies in recent years, gaining momentum through calls for additional research funding, piece-meal guidance, proposals, and legislation at all levels of government. This Article provides an overview of high-level federal initiatives for general artificial intelligence (AI) applications set forth by the U.S. president and responding agencies, early indications from the incoming Biden Administration, targeted federal initiatives for sector-specific AI applications, pending federal legislative proposals, and state and local initiatives. The regulation of the algorithmic ecosystem will continue to evolve as the United States continues to search …

The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman

All Faculty Scholarship

This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal’s 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard University Press. Insights from the book suggest that New York should not upend more than one hundred years of established privacy law in the state, nor jeopardize its citizens’ ownership over their own names, likenesses, and voices by replacing these privacy laws with a new and independent …

The Bylaw Puzzle In Delaware Corporate Law, David A. Skeel Jr.

All Faculty Scholarship

In less than a decade, Delaware’s legislature has overruled its courts and reshaped Delaware corporate law on two different occasions, with proxy access bylaws in 2009 and with shareholder litigation bylaws in 2015. Having two dramatic interventions in quick succession would be puzzling under any circumstances. The interventions are doubly puzzling because with proxy access, Delaware’s legislature authorized the use of bylaws or charter provisions that Delaware’s courts had banned; while with shareholder litigation, it banned bylaws or charter provisions that the courts had authorized. This Article attempts to unravel the puzzle.

I start with corporate law doctrine, and find …

Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten

Senior Honors Theses

The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …

America's Tax System And How To Fix It, Brendan O. Smith

Senior Honors Theses

Abraham Lincoln signed into law the first national income tax on August 5, 1861. Since 1913, the content of the Internal Revenue Code has increased from the 27-page tax law of that year to over 5000 pages today. As time has passed and the length of this document has increased, so has the expense and complexity of abiding by its statutes. The inefficiencies of the current system indicate that something must be done about the United States tax system, but no one has agreed on what to do. Many proposals to correct the problem have been brought forward over the …

Federal Securities Fraud Litigation As A Lawmaking Partnership, Jill E. Fisch

All Faculty Scholarship

In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The Court reasoned that adherence to Basic was warranted by principles of stare decisis that operate with “special force” in the context of statutory interpretation. This Article offers an alternative justification for adhering to Basic—the collaboration between the Court and Congress that has led to the development of the private class action for federal securities fraud. The Article characterizes this collaboration as a lawmaking partnership and argues that such a partnership offers distinctive lawmaking advantages. …

Reducing Conflict And Violence In Hospitality Establishments., James Peter Murphy

Conference papers

Bar owners and staff members must be more concerned about safety and security issues. This is the result of a variety of factors, most notably recent legislative changes at national and international level and the subsequent high costs of assaults (including costs relating to litigation and compensation). Poor health, safety and security standards place staff members and customers at risk of serious injury if not death; employers suffer in terms of lost productivity and potentially higher premiums and the morale of the staff, as well as the industrial relations climate in the bar, can be adversely affected. At a minimum, …

Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson

Articles

The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …

The Value Of "Green:" Evidence From The First Mandatory Residential Green Building Program, Ramya R. Aroul, J. Andrew Hansz

Finance Faculty Publications

There has been recent interest in green building and development practices and research. Resulting from growing environmental awareness and concerns, mandatory residential green building programs have been implemented nationally at the municipal level and Texas has passed legislation to create a statewide program. However, the impact of greenness on residential property values has not been rigorously evaluated. This study examines residential transaction prices in two cities and finds a statistically significant premium associated with "green" properties. Additionally, there is evidence of a larger premium associated with green properties located in Frisco, Texas which has the nations first mandatory green building …

A Cost-Benefit Interpretation Of The "Substantially Similar" Hurdle In The Congressional Review Act: Can Osha Ever Utter The E-Word (Ergonomics) Again?, Adam M. Finkel, Jason W. Sullivan

All Faculty Scholarship

The Congressional Review Act permits Congress to veto proposed regulations via a joint resolution, and prohibits an agency from reissuing a rule “in substantially the same form” as the vetoed rule. Some scholars—and officials within the agencies themselves—have understood the “substantially the same” standard to bar an agency from regulating in the same substantive area covered by a vetoed rule. Courts have not yet provided an authoritative interpretation of the standard.

This Article examines a spectrum of possible understandings of the standard, and relates them to the legislative history (of both the Congressional Review Act itself and the congressional veto …

Hospitality And Destination Marketing's Role In Medical Tourism: A Call For Research, Dan Cormany

Faculty Publications

Like business travel, where the primary focus is on business and travel is the simply the conduit by which it is performed, medical tourism is a growing trend in which individuals journey to foreign countries primarily to secure specific medical procedures or health benefits. The medical tourist is a newly defined segment of the travel industry, and while still small in numbers, is growing rapidly. This paper seeks to identify research questions related to the hospitality elements that contribute to the medical tourism experience. The answers to these may aid hoteliers, tourism operations, and visitor bureaus better understand, service and …

The Executive Pay Drama: From Comedy To Tragedy, David J. Cherrington

Faculty Publications

Over the past century, an interesting play has been performed in the United States called Executive Pay, Starring Your Local CEO. The play opened as a comedy, with executive bonuses and stock options rising at ridiculous rates compared to the pay of factory workers, teachers, and engineers. The performance didn’t get a lot of laughs, but people would smile and shake their heads as if the surprise of ever-escalating pay was an amusing disclosure. During economic downturns there were fewer smiles, and some outspoken critics were remarkably blunt in labeling executive pay practices as “enormous,” “immoral,” and “outrageous.” The title …

The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Pay Fairness: An Ethical Or A Legal Issue?, David J. Cherrington

Faculty Publications

There is an interesting drama that has been playing in the United States for the past century called “Executive Pay, Starring Your Local CEO”. For many years this drama was a comedy as executive bonuses and stock options continued to rise at ridiculous rates compared to the pay of factory workers, teachers, and engineers. This drama didn’t get a lot of laughs; but people would smile and shake their heads as if the surprise was an amusing disclosure.

A Review Of Interventions To Encourage Smes To Make Environmental Improvements, Craig M. Parker, Janice Redmond, Mike Simpson

Research outputs pre 2011

Small and medium sized enterprises (SMEs) are an important part of the world economy but they are thought to be responsible for around 60% of all carbon dioxide emissions and 70% of all pollution. SMEs often have major problems with limited resources, limited knowledge and limited technical capabilities to deal with their own negative environmental impact. SMEs exhibit widely differing characteristics and commitment where environmental issues are concerned. Yet under these conditions they are all expected to engage in environmental improvement. Interventions that encourage environmental improvement are often polarised between regulation and legislation at one extreme and voluntary environmental agreement …

The Effect Of Globalization And Legal Environment On Voluntary Disclosure, Kimberley A. Webb, Steven Cahan, Jerry Sun

Odette School of Business Publications

We examine how interactions with foreign capital, product, and labor markets affect the disclosure practices of non-U.S. multinational firms. Drawing on literature related to multinationals, country-level legal institutions, and accounting disclosures, we expect that the relation between globalization and voluntary disclosure will be conditioned by the legal environment in a firm's home country. Specifically, while firms from countries with a strong legal environment (e.g., common-law countries) already face pressure for good disclosure, globalization can increase the benefits associated with good disclosure to firms from weak legal environments (e.g., civil-law countries). We use a self-constructed voluntary disclosure index and hand-collected disclosure …

Protecting Consumer Privacy In The Company’S Best Interest, Sara Dolnicar, Yolanda Jordaan

Faculty of Commerce - Papers (Archive)

The increasing use of consumer databases by companies has led to increased levels of concern among consumers that their personal information may not be in safe hands once divulged to companies. A few studies have shown that consumer concern about information privacy may impact on consumer behaviour in ways directly opposed to the aims of the very marketing campaigns developed to increase sales. Should this indeed be the case, it would be in companies’ best interest to make protection of consumer privacy a priority. The aim of this paper is to investigate whether there is potential for such a market-driven …

Proposed Legislation On Short Term Time Off In The 108th Congress, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Solving The Bargaining Democracy Problem Using A Constitutional Hierarchy Of Law, Clas Wihlborg

Business Faculty Articles and Research

In the “bargaining democracy” groups form coalitions that are able to grant benefits to themselves through legislation. These benefits may lack popular support. A constitutional hierarchy of conflicting laws is proposed to resolve this democratic problem. In the hierarchy more “rule-oriented” legislation dominate. The hierarchy would create a momentum of the political process towards more rule-oriented legislation and policy debate. The difficulty of defining a rule operationally is overcome by limiting the task of a constitutional court to simply rank conflicting policy actions in terms of criteria for rules.

Legislation Proposed In The 108th Congress Relating To The Family And Medical Leave Act, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.

Pursuing Environmental Justice Through The Courts: An Overview Of The Process And Why It Has Failed, Julie Lynne Hershenberg

IPED Technical Reports

This project brought together two issues that dominate policy debates in the southwestern U.S. and especially along the United States – Mexico Border; namely, environmental justice, and legal liabilities associated with adverse environmental actions. Both are major implementation problems. In the southwest the issue becomes more problematic as the two-nations meet face-to-face, and the maquiladora industry continues to expand, creating new burdens on an already stressed environment as a result of industrial practices that have not always meet U.S. environmental standards.

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Corporate Regulation In Australia: Fact Or Fiction, K. Cooper

Faculty of Business - Accounting & Finance Working Papers

This paper recognises and takes as given there is a recurring cycle of regulatory failure, regulatory reform. It also accepts the arguments of a small number of authors that there are flaws within the regulatory mechanism which contribute to the perpetuation of the regulatory failure, regulatory reform cycle. However, this paper argues that these flaws are but a symptom of more deeply seated problems. The regulatory framework is weak in very fundamental and strategic areas including the nature of legislation and accounting standards, enforcement and overall administration. The fact that these weaknesses are not adequately addressed or rectified suggests that …

An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang

All Faculty Scholarship

In this article, Professor Howard Chang addresses the role of trade restrictions in supporting policies to protect the global environment and proposes a more liberal treatment of these environmental trade measures than that adopted by dispute-settlement panels of the General Agreement on Tariffs and Trade (GATT). The GATT Secretariat has recommended that countries like the United States rely on "carrots" rather than "sticks" in order to induce the participation of other countries in multilateral environmental agreements. Professor Chang defends the use of sticks on the ground that they encourage more restrained exploitation of the environment pending a multilateral agreement. First, …

The New York Free Banking Era: Deregulation Or Reregulation?, Andrew J. Economopoulos

Business and Economics Faculty Publications

The deregulation of the banking market is a frequently debated policy issue. Proponents of deregulation claim that free market forces would improve market efficiency. The basis for their argument is grounded in the work and tenets of Adam Smith. Deregulation opponents claim that a bank market left unfettered would disrupt the financial market; bank mismanagement, failures, and panics would pervade the market and cause distrust of the banking system . Opponents of deregulation derive their beliefs from actual historical experiences rather than theory . Many opponents point to a period of American banking history, called the Free Banking Era (1838-1863), …