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Full-Text Articles in Law

Remedial Payments In Agency Enforcement, Seema Kakade Jan 2020

Remedial Payments In Agency Enforcement, Seema Kakade

Faculty Scholarship

During the Obama Administration, the government settled many enforcement cases involving alleged violations of the nation’s federal statutes. The settlements have several requirements, including that the defendants pay money for beneficial projects to mitigate or offset harm directly or indirectly caused by defendant’s actions. For example, the government settled an environmental enforcement case against Volkswagen that included payments for environmental projects, and a mortgage enforcement case against Bank of America that included payments for housing education projects. These payments have spawned renewed criticism amongst conservative groups who have long claimed that payments for projects are mechanisms for agencies to get …


Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler Jan 2020

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

Maryland Law Review

No abstract provided.


Trusting (And Verifying) Online Intermediaries' Policing, Frank A. Pasquale Jan 2010

Trusting (And Verifying) Online Intermediaries' Policing, Frank A. Pasquale

Faculty Scholarship

All is not well in the land of online self-regulation. However competently internet intermediaries police their sites, nagging questions will remain about their fairness and objectivity in doing so. Is Comcast blocking BitTorrent to stop infringement, to manage traffic, or to decrease access to content that competes with its own for viewers? How much digital due process does Google need to give a site it accuses of harboring malware? If Facebook censors a video of war carnage, is that a token of respect for the wounded or one more reflexive effort of a major company to ingratiate itself with the …


The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival Jan 1993

The Role Of The Council On Competitiveness In Regulatory Review, Robert V. Percival

Congressional Testimony

No abstract provided.