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Full-Text Articles in Law
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Articles by Maurer Faculty
The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless lines for gas, spiking both prices and public fears. These stressors on our economy and supply chains triggered emergency proclamations in four states, including Georgia. That a single cyberattack could lead to a national emergency of this magnitude was seen by many as proof of even more crippling threats to come. Executive Director of …
La Privatización, La Desregulación Y El Interés Público: Un Análisis Comparado, Alfred C. Aman
La Privatización, La Desregulación Y El Interés Público: Un Análisis Comparado, Alfred C. Aman
Articles by Maurer Faculty
This Spanish-language paper analyzes the structural elements of Administrative Law in the United States of America, such as deregulation and privatization, which define the particular relationship between State and Society in that country. The analysis focuses on the limits to privatization in some sectors (prisons, water, health care) using a comparative approach with Spain. From a critical position with the marketization and hegemony of economics, alternatives are proposed for a reform of the Administrative Law that allows a more democratic and inclusive functioning of the governmental institutions.
The Human Side Of Public-Private Partnerships: From New Deal Regulation To Administrative Law Management, Alfred C. Aman, Joseph C. Dugan
The Human Side Of Public-Private Partnerships: From New Deal Regulation To Administrative Law Management, Alfred C. Aman, Joseph C. Dugan
Articles by Maurer Faculty
During the New Deal era, Congress created a then-unprecedented program of economic and regulatory reforms, establishing independent agencies, and empowering them to shape and enforce pragmatic industrial policies. Twenty-first century regulation looks strikingly different from the New Deal vision. While New Deal agencies continue to perform some regulatory functions, market approaches have replaced many traditional command-and-control formulations, with private entities stepping in to perform tasks historically reserved to government.
Though government-by-contract is becoming the new normal, neither the Administrative Procedure Act ("APA") nor many of its state equivalents provide adequate guidance to ensure that individual rights are protected and democratic …
Benchmark Regulation, Gina-Gail S. Fletcher
Benchmark Regulation, Gina-Gail S. Fletcher
Articles by Maurer Faculty
Benchmarks are metrics that are deeply embedded in the financial markets. They are essential to the efficient functioning of the markets and are used in a wide variety of ways-from pricing oil to setting interest rates for consumer lending to valuing complex financial instruments. In recent years, benchmarks have also been at the epicenter of numerous, multi-year market manipulation scandals. Oil traders, for example, deliberately execute trades to drive benchmarks lower artificially, allowing the traders to capitalize on the manipulated benchmarks. This ensures that later trades relying on the benchmarks will be more profitable than they otherwise would have been. …
Regulating International Lawyers: The Legal Consultant Rules, Carole Silver
Regulating International Lawyers: The Legal Consultant Rules, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Regulatory Mismatch In The International Market For Legal Services, Carole Silver
Articles by Maurer Faculty
The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, as they educate, train and deploy individuals educated and licensed in the U.S. and abroad. This article examines the ways in which law firms internationalize, and considers the regulatory environment governing crucial interactions between U.S. and foreign-educated lawyers. It builds upon prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the …
The Role Of Riparian Water Law In Protecting Biodiversity: An Indiana (Usa) Case Study, Robert L. Fischman
The Role Of Riparian Water Law In Protecting Biodiversity: An Indiana (Usa) Case Study, Robert L. Fischman
Articles by Maurer Faculty
This article discusses how the rules affecting the use of surface water ground water in a typical riparian state, Indiana, can promote the conservation biological diversity. The article first surveys the basic water laws that apply to surface water, diffused surface water, underground streams, and ground water. The rules governing the uses of these waters originate in common law property doctrines and substantially clarified by state legislation. Next the article considers state administration of water. The article examines regulatory tools and administrative opportunities control uses of water in a manner that protects biodiversity. Programs requiring permits for construction in floodplains, …
Fair Dealing Comes Of Age In The Regulation Of Going Private Transactions, Carole Silver
Fair Dealing Comes Of Age In The Regulation Of Going Private Transactions, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Introduction By Chairman (Symposium On Administrative Law And Procedure), Ralph F. Fuchs
Introduction By Chairman (Symposium On Administrative Law And Procedure), Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Conclusion (Symposium On Administrative Law And Procedure), Ralph F. Fuchs
Conclusion (Symposium On Administrative Law And Procedure), Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.