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Articles 1 - 6 of 6
Full-Text Articles in Law
Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman
Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
The Failed Regulation Of U.S. Treasury Markets, Yesha Yadav
The Failed Regulation Of U.S. Treasury Markets, Yesha Yadav
Vanderbilt Law School Faculty Publications
In trading the preeminent risk-free security, the $21 trillion U.S. Treasury market supports the country's borrowing needs, financial stability, and investor appetite for a safe asset. Straddling the nexus between a securities market and a systemically essential institution, the Treasury market must function at all costs, even if other markets fail.
This Article shows that Treasury market structure is fragile, weakened by a regulatory model poorly suited to match its design. First, public oversight of Treasuries is fragmented, divided between five or more agencies. The rulebook for Treasuries is sparse, lacking basic guardrails common to other markets. Without effective rules …
Second Thoughts On Fda's Covid-Era Mental Health App Policy, Michael Mattioli
Second Thoughts On Fda's Covid-Era Mental Health App Policy, Michael Mattioli
Articles by Maurer Faculty
As the coronavirus pandemic swept across the globe in April 2020, the US Food and Drug Administration (FDA) made an unusual decision. The agency announced that it would relax its enforcement of compliance rules for “digital therapeutics”—smartphone apps designed to address mental health disorders. The measure was a response to widely reported upticks in symptoms of anxiety, depression, and substance abuse brought on by the pandemic. As an added benefit, the agency explained, digital therapeutics could promote social distancing by removing patients’ need to visit health care providers.
This essay explores the possible lasting effects of the FDA’s temporary suspension …
The Market As Negotiation, Rebecca E. Hollander-Blumoff, Matthew T. Bodie
The Market As Negotiation, Rebecca E. Hollander-Blumoff, Matthew T. Bodie
All Faculty Scholarship
Our economic system counts on markets to allocate most of our societal resources. The law often treats markets as discrete entities, with a native intelligence and structure that provides clear answers to questions about prices and terms. In reality, of course, markets are much messier—they are agglomerations of negotiations by individual parties. Despite theoretical and empirical work on markets and on negotiation, legal scholars have largely overlooked the connection between the two areas in considering how markets are constructed and regulated.
This Article brings together scholarship in law, economics, sociology, and psychology to better understand the role that negotiation plays …
Trademark's 'Ship Of Theseus' Problem, Matthew T. Bodie
Trademark's 'Ship Of Theseus' Problem, Matthew T. Bodie
All Faculty Scholarship
The story of the ship of Theseus has long presented a puzzle over the nature of identity. Preserving the boat over time, the ancient Greeks would remove its wooden planks as they rotted and replace them with new planks. The question arose: was this still the same ship?
The problem hits at an issue that is critical to trademark law but has largely been overlooked: namely, what is the identity of the entity that holds the mark? And how do we determine whether that has changed over time? The law provides straightforward answers: it assigns the mark to the business …
Energy Federalism's Aim, Jim Rossi
Energy Federalism's Aim, Jim Rossi
Vanderbilt Law School Faculty Publications
The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy industry. Nor does the FPA favor a single approach to federal- ism: it delegates broad authority to the Federal Energy Regulatory Commission (FERC) to regulate the wholesale sale and transmission of energy in interstate commerce, while leaving states considerable leeway to regulate not only retail rates but also power generation and distribution. The statute expanded federal authority over wholesale electric power sales, with the primary purpose of closing regulatory gaps in interstate energy markets.
For the …