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Articles 31 - 60 of 105
Full-Text Articles in Law
Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann
Enhancing The Investor Appeal Of Renewable Energy, Felix Mormann
Faculty Scholarship
This article introduces an investor-oriented framework for the evaluation of renewable energy policy, applies these newly developed criteria to a qualitative comparison of the primary policy instruments, and offers recommendations to enhance the investor appeal of renewable energy in the United States.
The multi-trillion dollar task of scaling renewable energy technologies to mitigate climate change, ensure energy security, and create green jobs is one of the most daunting challenges of the twenty-first century. It is, in fact, too great a challenge for either the public or private sector to shoulder alone. Rather, public policy must catalyze private investment in renewable …
Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker
Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker
Patrick R. Baker
This article proposes a mandatory mediation process as a solution to solving the case backlog before the Federal Mine Safety Health and Review Commission (Commission). As a result of the Sago Mine disaster, cases before the Commission have skyrocketed because of tougher Mine Safety and Health Administration (MSHA) oversight, increased penalties, and outdated procedures. From 2000 through 2005, approximately 2,300 cases were filed each year with the Commission. In 2011, the Commission’s case load exceeded 18,000. The system is currently in peril and significant reforms are needed if the current procedures are salvageable. This article has four central components. First, …
Income Tax Planning For Long-Term Care, David M. English
Income Tax Planning For Long-Term Care, David M. English
Marquette Elder's Advisor
Dealing with taxes is one of the details that can fall through the cracks during the trying times of sorting out long-term care for an elder. As this article demonstrates, there are many advantages to be gained from keeping up with this aspect of daily affairs. However, the regulations are many and complex and require study and forethought.
Sales Between A Partnership And Non-Partners, Douglas A. Kahn
Sales Between A Partnership And Non-Partners, Douglas A. Kahn
Articles
The code denies a deduction for a loss recognized on a sale or exchange between certain related parties. Two of the principal code sections that deny a deduction in that circumstance are sections 267(a)(1) and 707(b)(1)(A). Two regulatory provisions promulgated under section 267 apply the denial of a loss deduction rule to partnerships — reg. section 1.267(b)-1(b) and temp. reg. section 1.267(a)-2T(c), Question 2. I conclude that to the extent reg. section 1.267(b)-1(b) applies to section 267(a)(1), it is invalid and has been invalid since 1986. Also, two of the questions and answers in the temporary regulation are invalid.
Disabled Adult Children, Thomas E. Bush
Disabled Adult Children, Thomas E. Bush
Marquette Elder's Advisor
This article discusses under what circumstances a disabled adult child can collect Social Security benefits, the applicable Social Security regulations, the complex rules for re-entitlement, and the relationship between Medicare and Medicaid benefits. Bush gives advice on how an attorney can navigate this system. A lengthy chart summarizes standards and requirements, and gives citations for a variety of relationships.
Incentivos Y Más Incentivos, Alejandro Faya Rodriguez
Incentivos Y Más Incentivos, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Antitrust As Regulation, Alan Devlin
Antitrust As Regulation, Alan Devlin
San Diego Law Review
Antitrust, properly understood, plays a modest role in constraining commercial behavior. With respect to unilateral conduct, it does not prohibit monopoly or the fortuitous or quality-based acquisition of the same. It generally permits dominant companies to enjoy the fruits of their positions and does not speak to the propriety of excessive pricing. It does not impose service obligations on monopolists, nor does it generally limit their right to price discriminate amongst their consumers. It merely prohibits monopolists' artificial creation of impediments to competition--so-called exclusionary practices. With respect to concerted behavior, the law allows a vast swathe of private agreements, even …
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Robin Warner
As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …
Owner Beware: Osha's Impact On Tort Litigation By Independent Contractors' Injured Employees Against Business Premises Owners, Jon M. Philipson
Owner Beware: Osha's Impact On Tort Litigation By Independent Contractors' Injured Employees Against Business Premises Owners, Jon M. Philipson
University of Miami Law Review
No abstract provided.
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Indiana Law Journal
No abstract provided.
Proposal For An International Convention On Online Gambling, Marketa Trimble
Proposal For An International Convention On Online Gambling, Marketa Trimble
Scholarly Works
The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention ('Convention') that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches - some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue …
Mobilizing Public Markets To Finance Renewable Energy Projects: Insights From Expert Stakeholders, Paul Schwabe, Michael Mendelsohn, Felix Mormann, Douglas J. Arent
Mobilizing Public Markets To Finance Renewable Energy Projects: Insights From Expert Stakeholders, Paul Schwabe, Michael Mendelsohn, Felix Mormann, Douglas J. Arent
Faculty Scholarship
Financing renewable energy projects in the United States can be a complex, time consuming, and expensive process. Currently, most equity investment in new renewable power production facilities is supported by tax credits and accelerated depreciation benefits, and is constrained by the pool of potential investors that can fully use these tax benefits and are willing to engage in complex financial structures. For debt financing, non-government lending to renewables has largely been provided by foreign banks that may be under future lending constraints due to economic and regulatory conditions.
To discuss these and other renewable energy financing challenges and to identify …
Hacer (Bien) Las Reformas, Alejandro Faya Rodriguez
Hacer (Bien) Las Reformas, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Cyber-Threats And The Limits Of Bureaucratic Control, Susan W. Brenner
Cyber-Threats And The Limits Of Bureaucratic Control, Susan W. Brenner
Susan Brenner
This article argues that the approach the United States, like other countries, uses to control threats in real-space is ill-suited for controlling cyberthreats, i.e., cybercrime, cyberterrorism and cyberwar. It explains that because this approach evolved to deal with threat activity in a physical environment, it is predicated on a bureaucratically organized response structure. It explains why this is not an effective way of approaching cyber-threat control and examines the two federal initiatives that are intended to improve the U.S. cybersecurity: legislative proposals put forward by four U.S. Senators and by the White House; and the military’s development of six distinct …
The Diverging Approach To Price Squeezes In The United States And Europe, George A. Hay, Kathryn Mcmahon
The Diverging Approach To Price Squeezes In The United States And Europe, George A. Hay, Kathryn Mcmahon
Cornell Law Faculty Publications
Notwithstanding assertions of greater harmonization and convergence between United States and European Union competition law, recent case law has identified significant differences in their approaches to the regulation of a price or margin squeeze. In the US after linkLine the likelihood of a successful claim has been significantly diminished, particularly if there has been no prior course of voluntary dealing and no downstream predatory pricing. In contrast, in a series of decisions in liberalized telecommunications markets, the EU Courts in applying an “as efficient competitor test” have focused on the preservation of competitive rivalry as “equality of opportunity.” This significantly …
Protocolo De Madrid, Alejandro Faya Rodriguez
Protocolo De Madrid, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon
Faculty Scholarly Works
Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation. Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs.
This article uses this who-what-when-where-why-and-how framework to discuss events around the world. These developments include the 2007 UK Legal Services …
A Costly Illusion? An Empirical Study Of Taiwan’S Use Of Isolation To Control Tuberculosis Transmission And Its Implications For Public Health Law And Policymaking, Shinrou Lin
Shinrou Lin
The resurgence of tuberculosis (TB) and the emergence of multidrug-resistant TB have resulted in the detention of patients in a number of international jurisdictions since the 1990s, including in Taiwan. The Taiwanese government adopted isolation as an official policy to control TB’s spread in its 2006 Ten-Year Mobilization Plan, whose goal is to halve TB incidence from 66.7 per 100,000 persons to 34 per 100,000 persons. The isolation program allows treating physicians to nominate patients for isolation while public health officials may also isolate patients if necessary. Hospitals providing care to isolated patients would be reimbursed from the budget of …
Expropiaciones, Alejandro Faya Rodriguez
Expropiaciones, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Paying Bank Examiners For Performance, Frederick Tung, M. Todd Henderson
Paying Bank Examiners For Performance, Frederick Tung, M. Todd Henderson
Faculty Scholarship
Investigations into the recent financial crisis have found that banking regulators knew or should have known of many of the problems that would ultimately cripple the finance industry. We argue that their failure to address those problems prior to the crisis was at least partly due to misaligned incentives for bank examiners that encourage inadequate inspection and forbearance and discourage the curbing of ill-advised risk taking. We recommend changing examiners’ incentives to better align them with the public good. Specifically, banking regulators should be “paid for performance” — rewarded for nurturing long-term health for the banks they oversee as well …
Regulating By Repute, David Zaring
Regulating By Repute, David Zaring
Michigan Law Review
Is regulation a hopeless cause? Many thoughtful observers spend a lot of time enumerating all of the reasons why it is doomed to fail. The entire field of public choice, with impeccable logic, posits the likely corruption of every bureaucrat. And if corruption cannot explain the failure of regulation, the atrophy that comes from lack of competition-there is just one government, after all, and it does not have a profit motive-may be just as rich a vein to mine. It could also be that the legal system itself, with its myriad complexities, checks, and procedural requirements, may ossify to the …
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Privatization Of Public Water Services: The States' Role In Ensuring Public Accountability, Craig Anthony Arnold
Pepperdine Law Review
The privatization of public water services in the United States has grown dramatically in recent years in response to political and ideological interest in privatizing public services, arguments about economic efficiencies, and the realities of overwhelming public costs related to water quality standards, infrastructure upgrade needs, and operational complexities. Many states have expressly enacted statutes authorizing municipalities to transfer services, operation and management, and even ownership of public water systems to private firms. This article systematically evaluates the status of water privatization in the U.S., the legal authority for privatization and its limits, and the most common and significant issues …
La Suprema Corte Y La Cofetel, Alejandro Faya Rodriguez
La Suprema Corte Y La Cofetel, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Of Coal, Climate And Carp: Reconsidering The Common Law Of Interstate Nuisance, Robert V. Percival
Of Coal, Climate And Carp: Reconsidering The Common Law Of Interstate Nuisance, Robert V. Percival
Robert Percival
This paper argues that the common law of interstate nuisance remains an essential tool despite the rise of the modern regulatory state. In the rare cases when existing regulatory authorities fail to address emerging environmental problems, federal common law can serve as a backstop. When federal regulatory authorities are capable of addressing transboundary problems, but fail to do so, common law actions based on the law of source states remain a viable means of redress for states suffering significant harm from such pollution. Reconnecting the law of interstate nuisance to its historical roots, the paper concludes that the common law …
Of Coal, Climate And Carp: Reconsidering The Common Law Of Interstate Nuisance, Robert V. Percival
Of Coal, Climate And Carp: Reconsidering The Common Law Of Interstate Nuisance, Robert V. Percival
Faculty Scholarship
This paper argues that the common law of interstate nuisance remains an essential tool despite the rise of the modern regulatory state. In the rare cases when existing regulatory authorities fail to address emerging environmental problems, federal common law can serve as a backstop. When federal regulatory authorities are capable of addressing transboundary problems, but fail to do so, common law actions based on the law of source states remain a viable means of redress for states suffering significant harm from such pollution. Reconnecting the law of interstate nuisance to its historical roots, the paper concludes that the common law …
Regulatory Effectiveness In Onshore & Offshore Financial Centers, Andrew P. Morriss, Clifford C. Henson
Regulatory Effectiveness In Onshore & Offshore Financial Centers, Andrew P. Morriss, Clifford C. Henson
Andrew P Morriss
Onshore jurisdictions, such as the United States, United Kingdom, France and Germany, are critical of offshore financial centers (OFCs), such as Bermuda, the Cayman Islands, and the Channel Islands. Arguments against OFCs include claims that their regulatory oversight is lax, allowing fraud and criminal activity. In this article, we present cross-jurisdictional data, showing that OFCs are not lax. We also provide qualitative analyses of regulatory effectiveness, demonstrating that input-based measures of regulation are inappropriate metrics for comparing jurisdictions. Based on both quantitative input measures and a qualitative assessment, we reject the onshore critique of OFCs as bastions of laxity
Survival Of The Standard: Today’S Public Interest Requirement In Television Broadcasting And The Return To Regulation, Drew Simshaw
Survival Of The Standard: Today’S Public Interest Requirement In Television Broadcasting And The Return To Regulation, Drew Simshaw
Federal Communications Law Journal
The notion that broadcasters must broadcast in the public interest has always been a requirement; exactly how this requirement is met has taken many forms. This Note examines the history of the public interest requirement in broadcasting-from vagueness to regulation to good faith and presumptions of compliance-and considers the appropriate direction for the public interest requirement's future. The deregulation of the 1980s served a valuable purpose at the time by lifting burdens and sparking innovation. It is time to examine those innovative methods of ascertaining the needs of our communities and providing desired programming, in order to determine ways in …
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Professor Katina Michael
Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.
The Big Banks: Background, Deregulation, Financial Innovation And Too Big To Fail, Charles W. Murdock
The Big Banks: Background, Deregulation, Financial Innovation And Too Big To Fail, Charles W. Murdock
Charles W. Murdock
Summary: The Big Banks: Background, Deregulation, Financial Innovation and Too Big to Fail
The U.S. economy is still reeling from the financial crisis that exploded in the fall of 2008. This article asserts that the big banks were major culprits in causing the crisis, by funding the non-bank lenders that created the toxic mortgages which the big banks securitized and sold to unwary investors. Paradoxically, banks which were then too big to fail are even larger today.
The article briefly reviews the history of banking from the Founding Fathers to the deregulatory mindset that has been present since 1980. It …
Non-Recourse Mortages – A Fresh Start, Ron Harris, Asher Meir
Non-Recourse Mortages – A Fresh Start, Ron Harris, Asher Meir
Ron Harris
In about a quarter of US states, all residential mortgages are essentially non-recourse, meaning that in case of default, the lender can only repossess the house but cannot collect on the private assets and future income of the borrower. This American innovation is now beginning to attract extensive interest abroad, but ironically in the US itself is getting a bad name. The law has been blamed for exacerbating the financial crisis, while stricken homeowners who take advantage of it have been scolded by lenders and even by the Secretary of the Treasury. We propose a fresh and more balanced look …