Law Commons^™

Inconstitucionalidad Del Cobro Del Impuesto Sobre La Renta De Jubilaciones, Pensiones Y Haberes De Retiro. ViolacióN A Derechos Humanos: El Caso Mexicano, Guillermo Castorena

Guillermo Castorena

En la primera parte del artículo se establecen los antecedentes y actos de autoridad que dieron pie a demandar el amparo. Posteriormente se entra al análisis de una serie de argumentos “que se hicieron valer en contra” de los actos de autoridad ante el Poder Judicial de la Federación. Por último se hace referencia a los Derechos Humanos que se consideraron violados, los mismos que son materia de denuncia ante la Comisión Interamericana de Derechos Humanos. The first part of the article establishes the background and acts of authority that let the victims to file the constitutional claims. Then it …

The Medicine Shoppe V. Drug Enforcement Adminstration, Jeffrey C. Grass Jd, Ms, Aclm

Jeffrey C. Grass JD, MS, ACLM

The DEA has revoked The Medicine Shoppe’s DEA COR on the grounds that it has “violated its corresponding responsibility to ensure that a prescription for a controlled substance is issued for a legitimate medical purpose.” The principle that state governments bear the primary responsibility for evaluating professional medical and pharmacy licenses follows from our concept of federalism, which requires that state lawmakers, not the federal government, are "the primary regulators of professional [medical] conduct."

Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker

Christopher J. Walker

For three decades, scholars (as well as courts and litigants) have written thousands of articles (and opinions and briefs) concerning the impact of the Chevron deference regime on judicial review of agency statutory interpretation. Little attention, however, has been paid to how Chevron and its progeny have actually shaped statutory interpretation inside the regulatory state. As part of the Fordham Law Review symposium Chevron at 30: Looking Back and Looking Forward, this Essay presents the findings of the first comprehensive empirical investigation into the effect of Chevron and related doctrines on how federal agencies interpret statutes they administer.

The Essay …

Il Diritto Di Accesso Nel Settore Degli Appalti Pubblici E Gli Obblighi Di Trasparenza Delle Stazioni Appaltanti, Valentina Gastaldo

Valentina Gastaldo

Il saggio si pone l'obiettivo di esaminare un aspetto molto importante della disciplina degli appalti pubblici, costituito dall’accesso agli atti di gara. Tale diritto è disciplinato dall’art. 13 del codice dei contratti pubblici che amplia, di fatto, i limiti di accesso stabiliti dagli artt. 24 e 25 della L. n. 241 del 1990. Particolare attenzione è rivolta all'analisi delle numerose pronunce giurisprudenziali, che, per lungo tempo, avevano sancito la prevalenza del diritto di accesso sull’esigenza di riservatezza, ma che, di recente, hanno, invece, riconosciuto la necessità di prestare attenzione alla tutela delle informazioni, fornite dagli offerenti, che integrino segreti tecnici …

Ex Ante Versus Ex Post Approaches To Network Neutrality: A Cost Benefit Analysis, Rob Frieden

Rob Frieden

Many advocates for less intrusive government oversight of telecommunications support the migration from regulation by an expert agency to the use of adjudication remedies largely guided by antitrust/competition policy principles. They believe that competition authorities, or reviewing courts can resolve disputes after they have occurred in lieu of having expert regulatory agencies available to anticipate and resolve problems before they become acute. Such ex post remedies typically determine whether anticompetitive conduct has occurred and what marketplace harm has resulted. Advocates for retaining so-called ex ante regulation believe that an expert agency remains essential particularly in light of fast changing market …

The Troubled State Of America's Nursing Homes, Albert Moran

Albert Moran

Even the most cursory search of news coverage involving nursing homes reveals that horror stories are not difficult to come by. Although the grisly details of each individual horror story vary, most of them share the same general story line—through some combination of gross negligence and profound systemic failure, elderly citizens can experience disturbing conditions in nursing homes that result in suffering and sometimes death. While egregious stories make local news headlines every so often and prompt a brief firestorm of public criticism, the everyday reality of nursing homes is much less sensationalized, and arguably even more sobering. Statistics indicate …

Turning Off The Tap On Thailand's Graft Pipeline: Renewed Emphasis On Mega-Projects And Counter-Corruption Needs Renewed Emphasis On Public Procurement Law, Daniel J. Mitterhoff

Daniel Mitterhoff

This commentary uses the Thai government's simultaneous emphases on implementing large scale infrastructure projects and controlling corruption to advocate that the Thai government needs to engage in fundamental public procurement law reforms; reforms that have been neglected for far too long.

Predictibilidad En Materia De Competencia Para Analizar Posibles Vicios Sobre Publicidad Comercial, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Syllabus-2014-Cclsaarcn-Monsoon Semester-Llm-Dna-Fls-Sau-Comparative Constitutional Law Of Saarc Nations, Dr Nafees Ahmad

Dr Nafees Ahmad

The Constitutional Law is the part of the core curriculum that every student should study. The course aims to equip students for comparative analysis of major constitutional principles and institutions. In order to do so the course will introduce students into the methods of comparative constitutional law and comparative politics of constitution. It is hard to imagine functioning as a judge or jurist or lawyer etc. anywhere in the world without a basic knowledge of a nation’s charter of government and repository of individual rights. But South Asian University is a unique and rare concept that is unprecedented and has …

Dynamics Of Democracy : Administrative Law And The Process Of Institutional Changes In Taiwan, Cheng-Yi Huang

Cheng-Yi Huang

No abstract provided.

Does The Legal Standard Matter? Empirical Answers To Justice Kennedy’S Questions In Nken V. Holder, Christopher J. Walker

Christopher J. Walker

In response to Fatma Marouf, Michael Kagan & Rebecca Gill, Justice on the Fly: The Danger of Errant Deportations, 75 Ohio St. L.J. 337 (2014).

In Justice on the Fly: The Danger of Errant Deportations, Professors Fatma Marouf, Michael Kagan, and Rebecca Gill take on the ambitious task of answering the empirical questions posed by Justice Kennedy and others in Nken v. Holder with respect to the proper legal standard for judicial stays of removal in the immigration adjudication context. To answer these questions, the authors review, code, and analyze 1,646 cases in all circuits that hear immigration appeals and …

Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso

Jennifer Riso

The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.

International Legal Control Of Domestic Administrative Action, Joel P. Trachtman

Joel P Trachtman

International law increasingly is designed to constrain the regulatory activities of countries where these activities have external effects on other countries. While countries retain the right to regulate, it is a qualified right, with a number of restrictions under international trade, investment, finance, human rights, and other areas of international law. The restrictions are often nuanced: while maintaining maximum policy autonomy, countries agree to international legal rules that establish increasingly complex preconditions for national regulatory action. In some cases, preconditions are formulated so as to establish procedural, as distinguished from substantive, predicates for national action. These varying types of preconditions …

Ferc's Order No. 1000 From A Historical Perspective: Restructuring And Reorganization Of Electric Transmission Markets From 1996 Until Present, Nicolas A. Mctyre

Nicolas A. McTyre

No abstract provided.

Financial Institution Executive Compensation: The Problem Of Financially Motivated Excessive Risk-Taking, The Regulatory Response, And Common Sense Solutions, Jesse D. Gossett

Jesse D Gossett

This article addresses the issue of executive compensation at financial institutions as it relates to encouraging excessive risk-taking at these firms. First, I examine the economics of compensation and its relationship to risk-taking at financial firms. Next, I take a critical look at compensation provisions of Dodd-Frank (and to a lesser extent, Sarbanes-Oxley) and describe not only what Dodd-Frank does, but more importantly what it does not do. I then make specific recommendations for rules regulators should adopt under Dodd-Frank for the purpose of using compensation plans as a way of reducing excessive risk at financial institutions. I make these …

Defending The Environment: A Mission For The World's Militaries, Mark P. Nevitt

Mark P Nevitt

Critics often fault the U.S. military for its environmental stewardship, and legal scholarship frequently highlights efforts by the military to seek national security exemptions from various environmental laws and the military’s poor cleanup record. Yet the Department of Defense (“DoD”) is largely subject to and complies with the full array of American environmental laws in the same manner and extent as any agency of the federal government. While the military’s environmental record is far from perfect, a comparative legal survey shows that the U.S. is at the relative forefront of effectively balancing environmental stewardship with national security.

This article surveys …

Supreme Court Orders Potentially Misunderstood And Confusing-Case Study Of Two Recent Supreme Court Orders, James T. Struck

James T Struck

Supreme Court Orders Potentially Misunderstood and Confusing-Case Study of Two Recent Supreme Court Orders Author-James T. Struck BA, BS, AA, MLIS Faced with around 10,000 petitions for certiorari every year and thousands of other reconsideration, mandamus, rehearing, ruling, decision, opinion, appointment, fellowship, research, solicitor general requests, it is no surprise that the Supreme Court's orders have potentially confusing content. Let's consider a recent order of the U.S. Supreme Court from this month. Please read the order from TUESDAY, JANUARY 7, 2014 CERTIORARI DENIED 13-8030 MUHAMMAD, ASKARI A. V. FLORIDA (13A674) The application for stay of execution of sentence of death …

Managing The ‘Republic Of Ngos’: Accountability And Legitimation Problems Facing The U.N. Cluster System, J.Benton Heath

J.Benton Heath

This Article identifies and critically assesses the crucial but troubled system for the coordination of international humanitarian assistance (the U.N. “Cluster Approach”). Regardless of whether the Cluster Approach actually helps in disaster response, it exercises substantial power over affected populations by assigning competences and leadership roles. The built-in mechanisms for controlling this power are unworkable, as they ultimately fail to resolve the tension between humanitarian organizations’ autonomy and the need for coordination. This Article identifies the emergence of an alternative model of accountability, based on mutual monitoring and “peer review.” Drawing on theories of network governance and experimentalism, this Article …

La Concepción Del Silencio Negativo Administrativo En La Jurisdicción Contencioso Administrativa. Aplicación Práctica En El Escenario Procesal, Alberto Huamán Ordoñez

L. Alberto Huamán Ordoñez

No abstract provided.

Los Centros De Despacho Económico De Carga Como Entidades Que Ejercen Potestades Públicas, Marcelo Mardones

Marcelo Mardones

No abstract provided.

Reglamento De Seguridad Minera E Hidrocarburos, Marcelo Mardones

Marcelo Mardones

No abstract provided.

Toward A Less Adversarial Relationship Between Chevron And Gardner, James Ridgway

James D. Ridgway

In twenty-five years of judicial review of veterans benefits claims, the courts have failed to reconcile the interpretive canons of veteran friendliness and deference to the agency’s policy making role. This article argues that the courts must develop a coherent relationship between these doctrines by recognizing that each are core values of veterans law. First, it explores the history and nature of these two doctrines that are central to veterans law. Then, It considers how the canons are situated in the spectrum of fact- and value-based judicial review. Ultimately, separation-of-powers principles and the legislative history of the Veterans Judicial Review …

“Intangibilidad Del Justiprecio Derivado De Una Expropiación”., Jancarlos Jair Vega Lugo Jancarlos Vega

Jancarlos Jair Vega Lugo

No abstract provided.

Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly

Ryan P Kelly

Two critical problems in environmental management are a lack of primary data and the difficulty of assessing the environmental impacts of human activities. Producing the information necessary to address these twin challenges is often difficult and expensive, which impedes decisionmaking in environmental management. I focus here on the possibility of making data collection more powerful and more cost-effective with a suite of analyses made tractable by emerging technology for genetic analysis. More, better, cheaper, and faster information about the planet’s living resources promises to influence a wide range of legal and policy processes—from Clean Water Act compliance and related public …

La Corte Suprema De Justicia De La Nación Y El "Cepo Cambiario", Martin Paolantonio

Martin Paolantonio

A propósito del rechazo del recurso de queja por la Corte Suprema de Justicia de la Nación, algunas consideraciones sobre la constitucionalidad de las restricciones cambiarías conocidas como "cepo cambiario"

New York's Taxable Lap Dancing...At A Strip Club Near You!

Harvey Gilmore

In today’s difficult economic times, state gov-ernments are more hard pressed than ever to come up with new sources of revenue to at least stay reve-nue neutral. Leave it to the perpetually money-hun-gry State of New York to come up with this gem of an idea for generating tax revenues: In 2005, the New York State Department of Taxation and Finance at-tempted to impose sales tax on a nightclub’s offering of exotic dancing to its customers. This resulted in the matter of 677 New Loudon Corp. v. State of New York Tax Appeals Tribunal, ultimately decided by the New York …

The Ordinary Remand Rule And The Judicial Toolbox For Agency Dialogue, Christopher J. Walker

Christopher J. Walker

When a court concludes that an agency’s decision is erroneous, the ordinary rule is to remand to the agency to consider the issue anew (as opposed to the court deciding the issue itself). Despite that the Supreme Court first articulated this ordinary remand rule in the 1940s and has rearticulated it repeatedly over the years, little work has been done to understand how the rule works in practice, much less whether it promotes the separation-of-powers values that motivate the rule. This Article is the first to conduct such an investigation—focusing on judicial review of agency immigration adjudications and reviewing the …

The Death Of Tax Court Exceptionalism, Stephanie Hoffer, Christopher J. Walker

Christopher J. Walker

Tax exceptionalism—the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state—has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial review of the Treasury Department’s interpretations of the tax code is subject to the same Chevron deference regime that applies throughout the administrative state. The D.C. Circuit followed suit by rejecting the IRS’s position that its notices are not subject to judicial review under the Administrative Procedure Act (APA). This Article calls for the demise of another instance …