Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Entity Of The State: The Transparency Of Restricting Telecommunications Firms As Threats To America’S National Security, Benjamin W. Cramer
Entity Of The State: The Transparency Of Restricting Telecommunications Firms As Threats To America’S National Security, Benjamin W. Cramer
Notre Dame Journal on Emerging Technologies
This paper analyzes recent American regulations regarding international telecommunications firms that have been restricted from doing business in the United States, as apparent threats to national security. The paper will include policy-oriented research into the relevant legislation, plus more theoretical research on the framing of geopolitical disputes and the transparency of the resulting regulatory actions. There has been some suspicion from journalists and government watchdogs that such restrictions are politically motivated, with dramatic claims of national security threats leading to non-transparent trade regulations. This paper discusses the framing of geopolitical disputes and their impact on trade policy in the telecommunications …
U.S. Cryptocurrency Regulation: A Slowly Evolving State Of Affairs, Aaron Poynton
U.S. Cryptocurrency Regulation: A Slowly Evolving State Of Affairs, Aaron Poynton
Notre Dame Journal on Emerging Technologies
After nearly a decade and a half since the creation of the first cryptocurrency, crypto regulation in the United States is fragmented, with different measures taken at the federal and state levels, and even within and among agencies. This sluggish speed is not necessarily a surprise as government regulation has always chased rapid advancements in technology and associated consumer and market behavior changes. However, this is a precarious position for the United States--and the world--as the U.S. is a leader in the global financial community, the high concentration of crypto-based wealth, and economies’ increasingly interconnected and interdependent nature. This working …
The Scope Of Compelling Government Interests, R. George Wright
The Scope Of Compelling Government Interests, R. George Wright
Notre Dame Law Review Reflection
In constitutional cases, any relevant government interest may be said to vary in its breadth or scope. Government interests can be characterized narrowly or broadly. The narrowness or breadth of how courts choose to formulate a government interest may well affect that interest’s overall weight or legal significance. For example, a public interest in safety and security, broadly conceived, may seem compelling. But the public interest in merely some modest upgrading of a safety and security regulation may seem less than compelling. A court might adopt either description. A court’s choice to characterize the government interest at stake as either …
Digital Nudges: Contours And Challenges, Avishalom Tor
Digital Nudges: Contours And Challenges, Avishalom Tor
Book Chapters
Digital nudges—that is, significantly behavioral interventions that use software and its user-interface design elements—are an increasingly pervasive feature of online environments that shapes behavior both online (e.g., changing online privacy settings) and offline (e.g., taking a flu vaccine due to a text message reminder). Although digital nudges share many characteristics of their offline counterparts, they merit particular attention and analysis for two important reasons: First, the growing ubiquity of digital nudges makes encountering them nearly unavoidable in daily life, thereby bringing into sharper relief the promise and perils of nudges more generally. Second, the potentially greater potency of digital—compared to …
Nudge Efficiency, Avishalom Tor
Nudge Efficiency, Avishalom Tor
Book Chapters
Only a small portion of the substantial literature on behavioral interventions ("nudges") that developed over the last fifteen to twenty years has considered nudges from an economic perspective. Moreover, despite the importance of the topic for a law and economics assessment of this increasingly common form of regulation, even fewer contributions have examined whether and when behavioral instruments are likely to make an efficient means for increasing social welfare. This chapter therefore offers some basic observations about nudge efficiency: Part I opens with a reminder that behavioral instruments should be implemented only when they are the most efficient means available …