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Articles 1 - 30 of 38
Full-Text Articles in Law
I Share, Therefore It's Mine, Donald J. Kochan
I Share, Therefore It's Mine, Donald J. Kochan
Donald J. Kochan
The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang
The Subterranean Counterrevolution: The Supreme Court, The Media, And Litigation Retrenchment, Stephen B. Burbank, Sean Farhang
Sean Farhang
This article is part of a larger project to study the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we show how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for private enforcement. An institutional perspective helps to explain the outcome we document: the long-term erosion of the infrastructure of private enforcement as a result of …
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Sean Farhang
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang
Sean Farhang
In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for …
Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov
Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
A Quantum Congress, Jorge R. Roig
A Quantum Congress, Jorge R. Roig
Jorge R Roig
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Donald J. Kochan
Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Donald J. Kochan
Frameworks For Analysing African Innovation: Entrepreneurship, The Informal Economy And Intellectual Property, Jeremy De Beer, Izabella Sowa, Kristen Holman
Frameworks For Analysing African Innovation: Entrepreneurship, The Informal Economy And Intellectual Property, Jeremy De Beer, Izabella Sowa, Kristen Holman
Jeremy de Beer
This chapter reviews conceptual frameworks to understand and measure innovation, and then outlines links between innovation and the concepts of entrepreneurship, the informal economy (IE) and intellectual property (IP). The review suggests that the time is ripe for African policy-makers to seek more holistic approaches to facilitating innovation and, in turn, to fostering socio-economic development in African nations.
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
The Mask Of Virtue: Theories Of Aretaic Legislation In A Public Choice Perspective, Donald J. Kochan
Donald J. Kochan
Investment Prospectus: Concentrated Solar Power With Heliostat Tower And Molten Salt Storage, Kyle Herman
Investment Prospectus: Concentrated Solar Power With Heliostat Tower And Molten Salt Storage, Kyle Herman
Dr. Kyle S. Herman
This article delivers a preliminary overview of Concentrated Solar Technology. It offers data for investors and policy-makers in order to more properly understand and mitigate risks of this renewable energy.
The Carbon Frame: Condensed Version, Kyle Herman
The Carbon Frame: Condensed Version, Kyle Herman
Dr. Kyle S. Herman
Attracting Fdi: The Chilean Government's Role Promoting Renewable Energy, Kyle Herman
Attracting Fdi: The Chilean Government's Role Promoting Renewable Energy, Kyle Herman
Dr. Kyle S. Herman
The development and implementation of renewable energy power plants is important for Chile in order to increase energy security, supply remote mines with electricity, and eventually decrease energy costs. The Chilean government has promoted renewable energy and attracted Foreign Direct Investment (FDI) to develop large-scale renewable energy projects. However, the policies cannot sufficiently attract FDI in unproven renewable energies such as Concentrated Solar Power, though it is proven elsewhere. This paper examines the Chilean government’s renewable energy policies, related government agencies, and the extent that these provide a stable backdrop for FDI in large-scale renewable energy projects. Following that summary, …
Chilean Renewable Energy Investment Potential With Technology Transfer, Kyle Herman
Chilean Renewable Energy Investment Potential With Technology Transfer, Kyle Herman
Dr. Kyle S. Herman
For potential for investment in Chilean renewable energy investment is promising. After the Chicago boys effectively transformed the Chilean economy into a haven for FDI (Foreign Direct Investment) during the 1980’s, government laws have aligned definitively with neo-liberal policy—in other words, open markets, incentives for investors, public-private partnerships and consistent injections of capital into its financial markets. This article explore these components and highlights investment potential and offers policy advice.
An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson
An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson
DOUGLAS J HENDERSON
Every person living in the modern world holds valuable assets, data, or information in digital mediums. Digital mediums include not only digital hardware storage mediums in personal possession (like external hard drives and internal hard drives within laptop and desktop computers, personal digital assistants, cell phones, and the like), but also those only accessible through a network. Because so much is held in digital mediums, when an individual dies or becomes incapacitated, another person must know how to access the incapacitated person’s digital assets and other important information (this person is known herein as the ‘Responsible Party’). There are potential …
Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson
Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson
DOUGLAS J HENDERSON
The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.
Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson
Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson
DOUGLAS J HENDERSON
The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.
Renewable Energy Storage Systems, Kyle Herman
Renewable Energy Storage Systems, Kyle Herman
Dr. Kyle S. Herman
This paper investigates various storage options for renewable energy, in an attempt to deter the insidious effect of the common notion that renewable energy is intermittent and thus cannot compete with fossil fuel or conventional energies, the object of this paper is to reveal a few basic storage options for renewable energy which are already widely deployed.
Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman
Carl Schmitt's Critique Of Liberalism And The European Union, Kyle S. Herman
Dr. Kyle S. Herman
I invoke Carl Schmitt's Critique of Liberalism outlined in "The Concept of the Political" to better understand the European Union (EU) as a governmental institution. It is my contention that the EU is a liberal institution, with the sole intent to drive economic policy while ignoring identity, similar to what Schmitt rails against in his critique of liberalism. For that reason I demonstrate how the EU fits well into the mold Schmitt laid out to identify liberal politics. Therefore I use Schmitt's critique as both a starting point for defining the European Union and, by superimposing his critique onto the …
You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan
Donald J. Kochan
With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …
Danish Wind Energy Innovation, Kyle S. Herman
Danish Wind Energy Innovation, Kyle S. Herman
Dr. Kyle S. Herman
This article compares the exceptional Danish wind energy innovation system with the system employed by the US government. The underlying assumption about innovation systems in the US is that they are technologically driven, and past technological advances can be built upon leading to break-through innovations. However in Denmark, innovation was driven from citizens and relied on no break-through technologies, but rather a piecemeal process of collective, smaller innovations. For wind energy, this process was far more successful than the technologically driven innovation system in the US.
Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire
Regulatory Takings Claims And Coastal Management Of Sea Level Rise: Remembering Governments Are More Than Regulators, Chad J. Mcguire
Chad J McGuire
Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V
Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V
Iván Rojas V
The book analyzes the case of Operation Strategic Fontibón - Eldorado Airport - Engativa (OEFAE) and the implications on the urban economy of the city and potential opportunities for productive development for the population affected by the project in 2010 in Bogotá DC. El libro analiza el caso de la Operación Estrategica Fontibón - Aeropuerto ElDorado - Engativa (OEFAE) y las implicaciones sobre la economía urbana de la ciudad y las posibles oportunidades de desarrollo productivo para la población afectada por el proyecto en el 2010 en la ciudad de Bogotá DC.
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire
Chad J McGuire
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill
Chad J McGuire
बाधकृत मैदानी आद्र क्षेत्रो में मातस्यकी प्रबंधन (Fisheries Management In Floodplain Wetlands), Ganesh Chandra
बाधकृत मैदानी आद्र क्षेत्रो में मातस्यकी प्रबंधन (Fisheries Management In Floodplain Wetlands), Ganesh Chandra
Ganesh Chandra
No abstract provided.
Pvip Transitional Peer Mentors, Douglas J. Henderson
Pvip Transitional Peer Mentors, Douglas J. Henderson
DOUGLAS J HENDERSON
Project VETS Intervention Program (PVIP) – Hamilton County, Ohio In early 2010 Hamilton County, Ohio was chosen as the pilot site for a federally funded jail diversion intervention program – the project was named Project VETS Intervention Program (PVIP). The SAMHSA National Gains Center awarded the State of Ohio grant money as part of its second round of funding, which was aimed at helping the existing and increasing veteran criminally justice involved population, and their families, with a priority given to Operation Enduring Freedom/Operation Iraqi Freedom veterans who have suffered from Post Traumatic Stress Disorder (PTSD)/Traumatic Brain Injury (TBI). The …
Foucault And American Foreign Policy During 2001 Bush Era, Kyle S. Herman
Foucault And American Foreign Policy During 2001 Bush Era, Kyle S. Herman
Dr. Kyle S. Herman
In this paper I discuss the theory of power structures written by Michel Foucault in “Docile Bodies: Discipline”1 and relate this to George Bush’s Foreign policy agenda (roughly around 2001) in accordance with the Cheney Report described by Michael Klare in his book “Blood and Oil.”
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …