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Full-Text Articles in Law
The Incoherence Of American Corporate Governance And The Need For Federal Standards, Timothy De Lizza
The Incoherence Of American Corporate Governance And The Need For Federal Standards, Timothy De Lizza
Fordham Urban Law Journal
This Comment suggests that the U.S. Congress should expand the SEC’s mandate so that it has clear authority to implement corporate governance standards. Part I provides an overview of problems regarding how much executive pay is given, how pay is set, and how it is disclosed. It then highlights regulatory responses to those problems, including how they provide contradictory incentives and result in unpredictability and over-regulation. Part II considers the current scope of the SEC’s mandate, including courts’ and commentators’ difficulty in defining its boundaries. Part II concludes that this difficulty sometimes makes the SEC’s regulatory actions either ineffective or …
The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland
The Role Of The Office Of Information And Regulatory Affairs In Federal Rulemaking, Curtis W. Copeland
Fordham Urban Law Journal
The Article describes the role of the Office of Information and Regulatory Affairs (OIRA), an office within the Office of Management and Budget (OMB), in reviewing agencies' draft rules. It emphasizes the dramatic effect each Presidential administration has had on the OIRA's review process, and indirectly on all agency action. It finds OIRA has become a "gatekeeper" with regard to agency action, but mentions that scholarly debate continues as to whether OIRA represents the President's interests exclusively or both the often conflicting interests of Congress and the President.
Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker
Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker
Fordham Urban Law Journal
Article examines the Federal Communications Commission’s 1975 decision to prohibit cablecasters from showing certain types of programming, on the rationale that pay cablevision, through successful competitive bidding, would ‘siphon’ this programming away from broadcast television and deprive the general public of popular programming. Article discusses the history behind the decision, the court of appeals’ treatment of the FCC rules and the decision’s possible effect on future pay cable regulations