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Articles 1 - 25 of 25
Full-Text Articles in Law
The Future Of Nuclear Security In Moroccan Territory After The Creation Of The New Moroccan Agency Of Nuclear And Radiological Safety And Security: Opportunities And Challenges, Amal Touarsi, Amina Kharchaf
The Future Of Nuclear Security In Moroccan Territory After The Creation Of The New Moroccan Agency Of Nuclear And Radiological Safety And Security: Opportunities And Challenges, Amal Touarsi, Amina Kharchaf
International Journal of Nuclear Security
Nowadays, a security regime for protecting nuclear and radiological material—providing an intelligent national regulatory institution and establishing national security laws—is necessary in order for a state to ensure security of nuclear and radiological materials used within its borders.
This paper focuses on discussing the opportunities and challenges facing the future of nuclear security after the creation of the new Moroccan Agency of Nuclear and Radiological Safety and Security.
Exploiting Regulatory Inconsistencies, Emily Cauble
Exploiting Regulatory Inconsistencies, Emily Cauble
Washington and Lee Law Review
In many instances, sophisticated parties exploit inconsistencies between regulatory regimes to achieve beneficial treatment under each regime by obtaining classification under one regime that is, at least superficially, inconsistent with classification under the other regime. For instance, parties might design an instrument that is treated as “debt” for tax purposes, but “equity” for purposes of capital requirements instituted by financial regulators.
This Article asks whether exploiting regulatory inconsistencies is problematic. This Article concludes that inconsistency, in and of itself, is not necessarily a problem. Different regulatory regimes might classify a transaction differently when doing so best serves the unique goals …
19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department Of Attorney General, State Of Rhode Island
19th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2017, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Michigan Law Review
Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …
The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien
The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien
Pace Environmental Law Review
This paper focuses on this second wave of WTO RE disputes. It will assess whether or to what extent policy instruments requiring increased use of RE in national electricity grids, notably FiT, RPS and EA regulations, are consistent with WTO legal obligations. Part II of this paper will discuss energy markets, and the issues that are presented through incorporation of RE into national grids. Part III will shift focus to the WTO. It will introduce the WTO and relevant WTO law, with a particular emphasis on the Appellate Body’s conclusion in its Canada – RE/FiT report. Part IV will assess …
A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal T. Williams
A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal T. Williams
Maine Law Review
Although street vending has always been a part of the American food economy, in recent years modern food trucks have become a dining trend that is sweeping the country. With the booming popularity of food trucks, cities across the country are serving up various ways to regulate the growing number of vendors selling convenient and creative meals to patrons from mobile food units, commonly known as food trucks. Food trucks are regulated by local government agencies, which take a wide range of approaches. For example, in thirty-four of the nation’s largest cities, entire neighborhoods are off-limits to vendors, often including …
A Comment On Privacy And Accountability In Black-Box Medicine, Carl E. Schneider
A Comment On Privacy And Accountability In Black-Box Medicine, Carl E. Schneider
Michigan Telecommunications & Technology Law Review
Human institutions and activities cannot avoid failures. Anxiety about them often provokes governments to try to prevent those failures. When that anxiety is vivid and urgent, government may do so without carefully asking whether regulation’s costs justify their benefits. Privacy and Accountability in Black Box Medicine admirably labors to bring discipline and rationality to thinking about an important development — the rise of “black-box medicine” — before it causes injuries regulation should have prevented and before it is impaired by improvident regulation. That is, Privacy and Accountability weighs the costs against the benefits of various forms of regulation across the …
Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams
Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
The New Front In The Clean Air Wars: Fossil-Fuel Influence Over State Attorneys General- And How It Might Be Checked, Eli Savit
Michigan Law Review
Review of Struggling for Air: Power and the "War On Coal" by Richard L. Revesz and Jack Leinke, and Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America by Paul Nolette.
Agricultural And Food Law—Food Labeling And Biotechnology—The Food Fight Over Labeling Genetically Engineered Foods And A Natural Solution To Protect Agricultural Biotechnology In The Natural State, Katie W. Branscum
University of Arkansas at Little Rock Law Review
No abstract provided.
San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green
San Manuel'S Second Exception: Identifying Treaty Provisions That Support Tribal Labor Sovereignty, Briana Green
Michigan Journal of Environmental & Administrative Law
Inspired by the holding in WinStar World Casino, this Note considers the potential for tribes to make treaty-based arguments when facing the threat of National Labor Relations Board jurisdiction. This Note presents the results of a survey of U.S. government treaties with Native Americans to identify those treaties with language similar to that interpreted by the Board in WinStar World Casino. The survey identified four treaties and four tribes that could make treaty-based arguments like those made in Winstar World Casino: the Confederated Tribes of the Umatilla Indian Reservation, the Muscogee (Creek) Nation, the Seminole Nation of …
The Limits Of Performance-Based Regulation, Cary Coglianese
The Limits Of Performance-Based Regulation, Cary Coglianese
University of Michigan Journal of Law Reform
Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and …
The Case For Federal Pre-Emption Of State Blue Sky Laws, Rutheford B. Campbell Jr.
The Case For Federal Pre-Emption Of State Blue Sky Laws, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
State blue sky laws—state laws that regulate a company’s offer and sale of securities—are a substantial barrier to businesses’ efficient access to external capital. The registration provisions in state blue sky laws have been especially harmful to small businesses, a vital component of our economy that may account for 30% of the nation’s employment. The costs associated with complying with more than fifty separate and independent obligations to register securities often exceed what small businesses can pay and thus may foreclose small businesses from the capital market. At the same time, requiring small businesses to comply with multiple registration regimes …
The Impact Of Demographics, Consumer Behavior, And Government Regulations On The Real Estate Market, Center For Real Estate Law And Policy
The Impact Of Demographics, Consumer Behavior, And Government Regulations On The Real Estate Market, Center For Real Estate Law And Policy
Flyers 2016-2017
No abstract provided.
Newsroom: Yelnosky On 'Persuader Rule' 01-03-2017, Pat Murphy, Roger Williams University School Of Law
Newsroom: Yelnosky On 'Persuader Rule' 01-03-2017, Pat Murphy, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Comment: Maryland State Drone Law Puts Residents At Risk Of Privacy Intrusions From Drone Surveillance By Law Enforcement Agencies, Wayne Hicks
University of Baltimore Law Forum
As technology rapidly advances, society is becoming more efficient and interconnected than ever before. Unmanned Aircraft Systems ("UAS"), more frequently referred to as "drones," have taken on an increasingly involved role in the progression towards a more interconnected society. For example, drones are presently capable of improving our ability to monitor potentially devastating storms, improving wildlife conservation efforts, increasing efficiency in agriculture, transporting goods to underdeveloped countries, and providing several forms of vital assistance to law enforcement.
Although the potential for drones appears promising, the advancements of drone capabilities have been met with increasing concerns regarding the government's ability to …
With The Best Of Intentions: First Amendment Pitfalls For Government Regulation Of Signage And Noise, Kara Consalo
With The Best Of Intentions: First Amendment Pitfalls For Government Regulation Of Signage And Noise, Kara Consalo
Journal Publications
A basic tenant of American jurisprudence is the protection of speech under the First, Fifth, and Fourteenth Amendments to the United States Constitution, as well as sections 4 and 9 of Article I of the Florida Constitution. While the extent of free speech is not limitless, this Article demonstrates that government attempts to regulate speech through regulation of signage and noise has been significantly curtailed by both federal and state courts in recent years. Further, a constitutional challenge to a government regulation will often be reviewed de novo as a pure question of law and is therefore subject to a …
A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz
A Survey Of Legal Issues Arising From The Deployment Of Autonomous And Connected Vehicles, Daniel A. Crane, Kyle D. Logue, Bryce C. Pilz
Michigan Telecommunications & Technology Law Review
With concerns rising over the number and variety of state regulations, companies are increasingly looking to the federal government for guidance. Representatives from Google, GM, Lyft, and Delphi testified before Congress on March 15, urging Congress to pass a federal law concerning autonomous vehicles. While the passage of any federal legislation is unclear at this time, other parts of the federal government have been extremely active in recent months. In January 2016, the Obama administration proposed a 10-year, $4 billion investment in autonomous vehicle technology. In that same announcement, the Department of Transportation (“DOT”) committed to developing model state policy …
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Foreword: The Workplace Law Agenda Of The Obama Administration, Ruben J. Garcia
Foreword: The Workplace Law Agenda Of The Obama Administration, Ruben J. Garcia
Scholarly Works
Professor Ruben Garcia introduces a Symposium issue of the Employee Rights and Employment Policy Journal focused on an assessment of several key aspects of the workplace law record thus far of President Barack Obama.
The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett
The Crime Lab In The Age Of The Genetic Panopticon, Brandon L. Garrett
Michigan Law Review
Review of Unfair: The New Science of Criminal Injustice by Adam Benforado, Inside the Cell: The Dark Side of Forensic DNA by Erin E. Murphy, and Cops in Lab Coats: Curbing Wrongful Convictions Through Independent Forensic Laboratories by Sandra Guerra Thompson.
The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr
The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr
Michigan Law Review
When judges interpret the Fourth Amendment, and privacy legislation regulates the government’s conduct, should the legislation have an effect on the Fourth Amendment? Courts are split three ways. Some courts argue that legislation provides the informed judgment of a coequal branch that should influence the Fourth Amendment. Some courts contend that the presence of legislation should displace Fourth Amendment protection to prevent constitutional rules from interfering with the legislature’s handiwork. Finally, some courts treat legislation and the Fourth Amendment as independent and contend that the legislation should have no effect. This Article argues that courts should favor interpreting the Fourth …
The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman
The Nature Of Sequential Innovation, Christopher Buccafusco, Stefan Bechtold, Christopher Jon Sprigman
Faculty Articles
When creators and innovators take up a new task, they face a world of existing creative works, inventions, and ideas, some of which are governed by intellectual property (IP) rights. This presents a choice: Should the creator pay to license those rights? Or, alternatively, should the creator undertake to innovate around them? Our Article formulates this “build on/build around decision” as the fundamental feature of sequential creativity, and it maps a number of factors—some legal, some contextual—that affect how creators are likely to decide between building on existing IP or building around it. Importantly, creators are influenced by more than …
Pre-Enforcement Litigation Needed For Taxing Procedures, Stephanie Mcmahon
Pre-Enforcement Litigation Needed For Taxing Procedures, Stephanie Mcmahon
Faculty Articles and Other Publications
Courts have opened tax guidance to procedural attack. Consequently, taxpayers who are found to owe tax may challenge the validity of the guidance implementing the tax if the procedure used by the Treasury Department in adopting the guidance failed to comply with the Administrative Procedure Act, in particular, with notice-and-comment. This increased willingness to consider tax guidance's procedural defects offers little to most taxpayers unless they are also given a better means to raise procedural challenges. Under current law and in most circumstances, generally, taxpayers can bring a challenge only after they have been found to owe taxes in an …
Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine
Fifth Colonial Frontier Legal Writing Conference Drafting Statutes And Rules Pedagogy, Practice, And Politics (Foreword), Jan M. Levine
Jan M. Levine