Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (16)
- Social and Behavioral Sciences (11)
- Health Law and Policy (10)
- Law and Politics (9)
- Public Affairs, Public Policy and Public Administration (9)
-
- Consumer Protection Law (8)
- Banking and Finance Law (7)
- Law and Society (7)
- Law and Economics (6)
- Legislation (6)
- Environmental Law (5)
- Intellectual Property Law (5)
- Legal Ethics and Professional Responsibility (5)
- Science and Technology Law (5)
- Comparative and Foreign Law (4)
- Constitutional Law (4)
- Contracts (4)
- Engineering (4)
- Jurisprudence (4)
- Property Law and Real Estate (4)
- Business Organizations Law (3)
- Civil Rights and Discrimination (3)
- Computer Law (3)
- Courts (3)
- International Law (3)
- Legal Profession (3)
- Natural Resources Law (3)
- Physical Sciences and Mathematics (3)
- Political Science (3)
- Institution
-
- Selected Works (9)
- University of Pennsylvania Carey Law School (5)
- Boston University School of Law (4)
- University of Michigan Law School (4)
- Vanderbilt University Law School (4)
-
- Fordham Law School (3)
- Saint Louis University School of Law (3)
- University of Colorado Law School (3)
- University of Miami Law School (3)
- Osgoode Hall Law School of York University (2)
- Penn State Dickinson Law (2)
- Schulich School of Law, Dalhousie University (2)
- St. Mary's University (2)
- Texas A&M University School of Law (2)
- University of Baltimore Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Embry-Riddle Aeronautical University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- Pace University (1)
- Pepperdine University (1)
- Purdue University (1)
- Roger Williams University (1)
- Publication
-
- Faculty Scholarship (9)
- All Faculty Scholarship (7)
- Articles (3)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (2)
- Faculty Scholarly Works (2)
-
- Fordham Law Review (2)
- Saint Louis University Law Journal (2)
- St. Mary's Law Journal (2)
- Vanderbilt Journal of Transnational Law (2)
- All Faculty Publications (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Bruce R Huber (1)
- Catherine Rogers (1)
- Christine A. Klein (1)
- Dalhousie Law Journal (1)
- Daniel L. Rubinfeld (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Florida State University Law Review (1)
- Fordham Journal of Corporate & Financial Law (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Georgia Journal of International & Comparative Law (1)
- International Journal of Aviation, Aeronautics, and Aerospace (1)
- John Copeland Nagle (1)
- LLM Theses (1)
- Law Faculty Scholarship (1)
- Law Librarian Scholarship (1)
- Librarian Scholarship at Penn Law (1)
- Life of the Law School (1993- ) (1)
- Publication Type
Articles 31 - 60 of 77
Full-Text Articles in Law
Lawyers Without Borders, Catherine A. Rogers
Lawyers Without Borders, Catherine A. Rogers
Catherine Rogers
Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …
The Environmental Deficit: Applying Lessons From The Economic Recession, Christine A. Klein
The Environmental Deficit: Applying Lessons From The Economic Recession, Christine A. Klein
Christine A. Klein
In 2007, the nation entered its greatest financial downturn since the Great Depression of the 1930s. What followed was a period of national introspection. Although prescriptions for financial rescue varied widely in the details, a surprisingly broad consensus emerged as to the underlying pathology of the crisis. This Article explores three principal contributing factors and the lessons associated with each that make up this pathology. These factors include: rejecting rules through deregulation, trivializing risk through overly optimistic analyses, and overconsumption supported by reckless borrowing and lending practices. The powerful lessons from this pathology, considered by a stunned nation in the …
Newsroom: Horwitz On Legalizing Marijuana 04-10-2016, Andrew Horwitz, Peter Kilmartin
Newsroom: Horwitz On Legalizing Marijuana 04-10-2016, Andrew Horwitz, Peter Kilmartin
Life of the Law School (1993- )
No abstract provided.
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Human Survival, Risk, And Law: Considering Risk Filters To Replace Cost-Benefit Analysis, John William Draper
Librarian Scholarship at Penn Law
Selfish utilitarianism, neo-classical economics, the directive of short-term income maximization, and the decision tool of cost-benefit analysis fail to protect our species from the significant risks of too much consumption, pollution, or population. For a longer-term survival, humanity needs to employ more than cost-justified precaution.
This article argues that, at the global level, and by extension at all levels of government, we need to replace neo-classical economics with filters for safety and feasibility to regulate against significant risk. For significant risks, especially those that are irreversible, we need decision tools that will protect humanity at all scales. This article describes …
If Your Heart Skips A Beat, It May Have Been Hacked: Cybersecurity Concerns With Implanted Medical Devices, John G. Browning, Shawn Tuma
If Your Heart Skips A Beat, It May Have Been Hacked: Cybersecurity Concerns With Implanted Medical Devices, John G. Browning, Shawn Tuma
South Carolina Law Review
No abstract provided.
Unilateral Invasions Of Privacy, Roger Allan Ford
Unilateral Invasions Of Privacy, Roger Allan Ford
Law Faculty Scholarship
Most people seem to agree that individuals have too little privacy, and most proposals to address that problem focus on ways to give those users more information about, and more control over, how information about them is used. Yet in nearly all cases, information subjects are not the parties who make decisions about how information is collected, used, and disseminated; instead, outsiders make unilateral decisions to collect, use, and disseminate information about others. These potential privacy invaders, acting without input from information subjects, are the parties to whom proposals to protect privacy must be directed. This Article develops a theory …
Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell
Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell
Fordham Law Review
This Article summarizes product safety and vehicle safety law and recounts General Motors Company’s (GM) response to the Cobalt ignition switch defect, paying particular attention to the actions of GM’s in-house and outside counsel. This Article then considers the legality and prudence of a regulatory agency’s imposition of gatekeeping responsibilities on such counsel.
The Laws Of Agency Lawyering, George M. Cohen
The Laws Of Agency Lawyering, George M. Cohen
Fordham Law Review
The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the …
Embracing Third-Party Litigation Finance, David R. Glickman
Embracing Third-Party Litigation Finance, David R. Glickman
Florida State University Law Review
No abstract provided.
Regulating Employment-Based Anything, Brendan S. Maher
Regulating Employment-Based Anything, Brendan S. Maher
Faculty Scholarship
Benefit regulation has been called “the most consequential subject to which no one pays enough attention.” It exhausts judges, intimidates legislators, and scares off theorists. That need not be so. Reality is less complicated than advertised.
Governments often consider intervention if markets fail to make some socially desirable Good X — such as education, health care, home mortgages, or pensions, for example — sufficiently available. One obvious fix is for the government to provide the good itself. A less obvious intervention is for the government to regulate employment-based (EB) arrangements that provide Good X as a benefit to employees and …
Regulatory Entrepreneurship, Jordan M. Barry, Elizabeth Pollman
Regulatory Entrepreneurship, Jordan M. Barry, Elizabeth Pollman
Faculty Scholarship
Numerous corporations, ranging from Airbnb to Tesla, and from DraftKings to Uber, have built huge businesses that reside in legal gray areas. Instead of taking the law as a given, these companies have become agents of legal change, focusing major parts of their business plans on changing the law. To achieve their political goals, these companies employ conventional lobbying techniques, but also more innovative tactics. In particular, some attempt to enter markets quickly, then grow too big to ban before regulators can respond. If regulators do take aim at them, they respond by mobilizing their users for political support. This …
Regulation Of Emerging Risks, Matthew T. Wansley
Regulation Of Emerging Risks, Matthew T. Wansley
Vanderbilt Law Review
Why has the EPA not regulated fracking? Why has the FDA not regulated e-cigarettes? Why has NHTSA not regulated autonomous vehicles? This Article argues that administrative agencies predictably fail to regulate emerging risks when the political environment for regulation is favorable. The cause is a combination of administrative law and interest group politics. Agencies must satisfy high initial informational thresholds to regulate, so they postpone rulemaking in the face of uncertainty about the effects of new technologies. But while regulators passively acquire more information, fledgling industries consolidate and become politically entrenched. By the time agencies can justify regulation, the newly …
Bitcoin: Información Sobre Su Reglamento En Las Américas Y Futuro Crecimiento, Belkenia Candelario
Bitcoin: Información Sobre Su Reglamento En Las Américas Y Futuro Crecimiento, Belkenia Candelario
University of Miami Inter-American Law Review
Esta nota se tratará el tema de Bitcoin, la criptomoneda líder que surge en el año 2009 como una alternativa a la moneda fiduciaria. Bitcoin ha crecido considerablemente, tanto en términos de valor como en la conciencia colectiva internacional; sin embargo, los anuncios y regulaciones exploradas afectarían a todas las monedas digitales en general. Primero, esta nota explica el concepto tecnológico y funcional detrás de Bitcoin en términos de fácil acceso para el usuario y proporciona una breve discusión teórica sobre la historia de la aparición del dinero en el comercio. Segundo, analiza algunos de los efectos que tendría la …
Uncertain Futures In Evolving Financial Markets, Anita Krug
Uncertain Futures In Evolving Financial Markets, Anita Krug
All Faculty Scholarship
Today’s publicly offered investment funds, including mutual funds, have ever more diverse investment strategies, as they increasingly invest in financial instruments that, in earlier years, had been the province of only the most sophisticated investors. Although the new landscape of investment possibilities may substantially benefit retail investors, one financial instrument attracting increasing amounts of retail investors’ assets is acutely troublesome: the commodity futures contract. Futures originated as a means for farmers and other producers of agricultural commodities to ensure that their products could be sold at reasonable prices. Early on, the goals of futures regulation centered on one particular risk …
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Xiaomeng Zhang
Discovering The Knowledge Monopoly Of Law Librarianship Under The Dikw Pyramid, Xiaomeng Zhang
Law Librarian Scholarship
Historical debates demonstrated that knowledge monopoly is a key to a profession. This article explores the exclusive knowledge base of the law librarianship profession through the lens of the Data-Information-Knowledge-Wisdom (DIKW) paradigm.
Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron
Recent Developments: Are Land Contracts Preying On Low-Income Buyers Or Do They Offer A Different Avenue For Home Ownership?, Christopher Barron
University of Baltimore Journal of Land and Development
As of May 2016, the Consumer Financial Protection Bureau (CFPB) has announced an investigation into the practice of land contracts and compliance with federal truth and lending laws. The CFPB’s investigation is in response to the increasing number of reports from organizations, such as the National Consumer Law Center (NCLC), condemning land contracts for their predatory nature and disparate impact on low-income buyers, specifically those of color. Furthermore, land contracts have been labeled as “Wall Street’s Toxic Transactions” because of large wall street investment groups utilizing them for their own capital gain. Land contracts have been vilified for luring unsuspecting …
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
Brooklyn Journal of Corporate, Financial & Commercial Law
Seventy-five years after its enactment the Investment Advisers Act of 1940 has advanced from a relatively weak statute merely registering advisers with the Securities and Exchange Commission (SEC) to a more robust law imposing fiduciary responsibilities on advisers. Over the years, the number of investment advisers and the number of their clients have increased greatly. The SEC therefore has been pressured by Congress to develop a harmonized fiduciary standard for broker-dealers and advisers and also to develop and enforce a greater degree of oversight over the advisory industry. These developments have raised the questions of how to fund such efforts …
Voluntary Disclosure Fostering Overenforcement And Overcriminalization Of The Fcpa, Karen E. Woody
Voluntary Disclosure Fostering Overenforcement And Overcriminalization Of The Fcpa, Karen E. Woody
Scholarly Articles
Professor Peter Reilly’s article, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: Federal Transparency and Voluntary Disclosure Under the Foreign Corrupt Practices Act, 67 Fla. L. Rev. 1683 (2015), challenges the notion that voluntary disclosure of potential Foreign Corrupt Practices Act (FCPA) violations to the government is always the best course of action for a company. In a world where whistleblowers can receive a bounty for information provided to the Securities and Exchange Commission (SEC),2 self-reporting is a critical, high-pressure decision that each company must undertake when faced with potential FCPA liability.
This Article takes a broader look at …
Putting Public Law Into “Private” Sport, Dionne L. Koller
Putting Public Law Into “Private” Sport, Dionne L. Koller
All Faculty Scholarship
Across all levels of sport—professional, Olympic, intercollegiate, interscholastic, and youth recreational—the prevailing view is that the government should not take an active role in regulating athletics. As a result, there are relatively few federal or state statutes directed at regulating sports, and those that are aimed at sports primarily serve to support the professional sports industry. Moreover, courts show great deference to sports leagues and administrators, most often applying law in a way that insulates and empowers them. This creates a climate where leagues and administrators are permitted wide latitude to structure and conduct their respective sports as they see …
Sharing And The City, Michele Finck, Sofia Ranchordas
Sharing And The City, Michele Finck, Sofia Ranchordas
Vanderbilt Journal of Transnational Law
The sharing of public infrastructure, the exchange of small services, and the traditional "cup of sugar borrowed from the neighbor" are practices intrinsic to most urban agglomerations. In the digital age, these sharing initiatives are facilitated by online platforms such as Feastly, Peerby, and HomeExchange. These platforms allow city residents to share the idle capacity of some of their assets (e.g., clothing, tools, or a spare bedroom) with other residents living in close proximity to them, or with tourists looking for accommodation. While these practices can be justified by efficiency and sustainability concerns, some of them appear to be in …
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna
Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna
Vanderbilt Journal of Transnational Law
Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …
Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law
Trademark Laundering, Useless Patents, And Other Ip Challenges For The Marijuana Industry, Sam Kamin, Viva R. Moffat University Of Denver College Of Law
Washington and Lee Law Review
No abstract provided.
Teaching A Course On Regulation Of Police Investigation—A Multi-Perspective, Problem-Oriented Course, Christopher Slobogin
Teaching A Course On Regulation Of Police Investigation—A Multi-Perspective, Problem-Oriented Course, Christopher Slobogin
Saint Louis University Law Journal
No abstract provided.
A Single Call: The Need To Amend The Parent-Subsidiary Relationship Under The Ftaia In View Of Motorola Mobility, Catherine E. Cognetti
A Single Call: The Need To Amend The Parent-Subsidiary Relationship Under The Ftaia In View Of Motorola Mobility, Catherine E. Cognetti
Fordham Journal of Corporate & Financial Law
In Motorola Mobility, LLC v. AU Optronics Corporation, the Seventh Circuit dismissed Motorola’s Sherman Act claims under the Foreign Trade Antitrust Improvement Act. In doing so, they held that Motorola’s American parent corporation was a separate entity from their foreign subsidiaries, and thus barred from bringing suit under the indirect purchaser doctrine. The effect of the Seventh Circuit’s decision precluded injured purchasers from recovering damages under the Sherman Act—Motorola’s subsidiaries could not sue because their injuries occurred abroad, while Motorola could not sue because it did not make direct purchases from the antitrust violators.
Courts have often considered a parent …
Memorandum Re: Health Canada's 'Draft Guidance' On Section 21.1(3)(C) Of The Food And Drugs Act, Matthew Herder, Trudo Lemmens
Memorandum Re: Health Canada's 'Draft Guidance' On Section 21.1(3)(C) Of The Food And Drugs Act, Matthew Herder, Trudo Lemmens
Reports & Public Policy Documents
In 2014 Parliament enacted a number of amendments to the Food and Drugs Act, R.S.C. 1985, c. F-27 [hereinafter the “F&D Act”]. Known as “Vanessa’s Law,” these amendments were intended to enhance the regulation of pharmaceutical drugs and thereby protect Canadians from harm by giving the regulator, Health Canada, new powers to, inter alia, recall drugs, require active post-market surveillance, and improve the transparency of information around pharmaceutical drugs. Vanessa’s Law explicitly recognized that “new measures are required to further protect Canadians from the risks related to drugs and medical devices.” (emphasis added) (Bill C-17, An Act to Amend the …
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Danger And Dignity: Immigrant Day Laborers And Occupational Risk, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
The plight of immigrant workers in the United States has captured significant scholarly attention in recent years. Despite the prevalence of discourses regarding this population, one set of issues has received relatively little attention: immigrant workers’ exposure to unhealthy and unsafe working conditions, and their corresponding susceptibility to workplace injuries and illnesses. Researchers have consistently found that immigrant workers suffer disproportionately from occupational injuries and fatalities, even when controlling for industry and occupation. Why, then, are foreign-born workers at greater risk for workplace injuries and fatalities, when compared with their native-born counterparts? This Article seeks to develop answers to that …
Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs
Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs
Loyola of Los Angeles Law Review
No abstract provided.
People Analytics And The Regulation Of Information Under The Fair Credit Reporting Act, Pauline T. Kim, Erika Hanson
People Analytics And The Regulation Of Information Under The Fair Credit Reporting Act, Pauline T. Kim, Erika Hanson
Saint Louis University Law Journal
No abstract provided.
A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel
A Story Of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation, And Fiduciary Law, Tamar Frankel
Faculty Scholarship
How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.); a mix of contract and trust law, but going towards trust (Japan), and a full trust-fiduciary law regulating banks (Israel). The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.