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Full-Text Articles in Law
The Law And Politics Of Socially Inclusive Trade, Timothy Meyer
The Law And Politics Of Socially Inclusive Trade, Timothy Meyer
Faculty Scholarship
No abstract provided.
Restoring Trade's Social Contract, Frank J. Garcia, Timothy Meyer
Restoring Trade's Social Contract, Frank J. Garcia, Timothy Meyer
Faculty Scholarship
No abstract provided.
Saving The Political Consensus In Favor Of Free Trade, Timothy Meyer
Saving The Political Consensus In Favor Of Free Trade, Timothy Meyer
Faculty Scholarship
No abstract provided.
Better Ways To Study Regulatory Elephants, Jonathan B. Wiener, Brendon Swedlow, James K. Hammitt, Michael D. Rogers, Peter H. Sand
Better Ways To Study Regulatory Elephants, Jonathan B. Wiener, Brendon Swedlow, James K. Hammitt, Michael D. Rogers, Peter H. Sand
Faculty Scholarship
No abstract provided.
Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin
Roasting The Pig To Burn Down The House: A Modest Proposal, Stuart M. Benjamin
Faculty Scholarship
This essay addresses the question whether one should support regulatory proposals that one believes are, standing alone, bad public policy in the hope that they will do such harm that they will ultimately produce (likely unintended) good results. For instance, one may regard a set of proposed regulations as foolish and likely to hobble the industry regulated, but perhaps desirable if one believes that we would be better off without that industry. I argue that television broadcasting is such an industry, and thus that we should support new regulations that will make broadcasting unprofitable, to hasten its demise. But it …
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Evaluating The Fcc’S National Television Ownership Cap: What’S Bad For Broadcasting Is Good For The Country, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami
The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca E. Bignami
Faculty Scholarship
This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action approach highlights the importance of certain factors in fostering regulatory cooperation and enabling the common market to become an administrative reality: repeated interactions, monitoring and sanctioning by the Commission and the courts, reciprocity norms, and trust. It also suggests that one of the most significant challenges of enlargement will be to establish cooperative regulatory exchanges …
Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin
Spectrum Abundance And The Choice Between Private And Public Control, Stuart M. Benjamin
Faculty Scholarship
No abstract provided.
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Proactive Legislation And The First Amendment, Stuart M. Benjamin
Faculty Scholarship
In this Article, I contend that First Amendment principles dictate a presumption against legislation that is based on predictive harms, but that the presumption will be overcome if a court independently determines that there is a likelihood of irreparable harm. Part I briefly discusses the level of harm required to justify legislation that infringes upon First Amendment rights. Part II turns to proactive legislation, giving some examples of predictive harms. Part III describes the Supreme Court's responses to legislative findings in the First Amendment context, and Part IV discusses the difference between predictive harms and other legislative findings. Part V …