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The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz Jul 2016

The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz

All Faculty Scholarship

This article probes the unique ontogenetic path of ASEAN’s regulation of foreign investment by juxtaposing global investment law and the ASEAN context. While the former delivers a powerful heuristic on isomorphism that ASEAN exhibits in its strong reflection of global investment norms, the latter sheds critical light on ideological and analytical blind spots by exploring distinct heterogeneities in ASEAN’s investment regulation. Those heterogeneities are not simply outliers but reflect important historical and cultural values inherent to ASEAN and its members. The insights uncovered in this article invite scholars and policymakers to define a new form of global investment law that …


Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry Perritt, Albert Plawinski Jan 2016

Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry Perritt, Albert Plawinski

All Faculty Scholarship

With millions of small drones in private hands, the FAA continues its struggle to develop an effective regulatory regime to comply with Congress’s mandate to integrate them into the national airspace system. Thousands of individuals and small businesses have obtained authorization from the FAA—"section 333 exemptions"—allowing them to fly their drones commercially. Farmers, TV stations, surveyors, construction-site supervisors, real estate agents, people selling their properties, and managers seeking cheaper and safer ways to inspect their facilities, want to hire the exemption holders, but many are holding back until the FAA clarifies the groundrules.The FAA understands that its traditional approach for …


Uncertain Futures In Evolving Financial Markets, Anita Krug Jan 2016

Uncertain Futures In Evolving Financial Markets, Anita Krug

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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 …


An Arm And A Leg: Paying For Helicopter Air Ambulances, Henry Perritt Jan 2016

An Arm And A Leg: Paying For Helicopter Air Ambulances, Henry Perritt

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An increase in Medicare reimbursement rates in 2002 caused the number of helicopter air ambulances in the United States to increase threefold. The vast majority of air ambulance flights are ultimately paid for through Medicare or private insurance reimbursement, although the patient often remains legally responsible for the cost of a flight. Average costs for helicopter air ambulance (HEMS) operators have increased much more rapidly than the reimbursement rate, mostly due to low utilization of the helicopters. New safety requirements imposed by the FAA, after a ten-year period of much higher accident rates for helicopter air ambulances than for the …


Uber Television: Internet-Only Television Stations, Henry Perritt Jan 2016

Uber Television: Internet-Only Television Stations, Henry Perritt

All Faculty Scholarship

Broadcast television in the United States is under siege. Viewers are jumping ship, finding their news and entertainment on the Internet. A thicket of intellectual property license restrictions makes it difficult for broadcasters to follow them. Some content producers limit distribution for the acknowledged purpose of slowing the migration to new technologies. The FCC’s Broadcast Incentive Auction provides an opportunity for TV stations to get a fresh start. By abandoning expensive transmitters and antennas, by embracing the Uber ride-sharing model of contingent work, by taking advantage of the creativity of indie video producers, by utilizing the full potential of targeted …