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Full-Text Articles in Law

Regulatory Abdication In Practice, Cary Coglianese Feb 2020

Regulatory Abdication In Practice, Cary Coglianese

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“Meta-regulation” refers to deliberate efforts to induce private firms to create their own internal regulations—a regulatory strategy sometimes referred to as “management-based regulation” or even “regulation of self-regulation.” Meta-regulation is often presented as a flexible alternative to traditional “command-and-control” regulation. But does meta-regulation actually work? In her recent book, Meta-Regulation in Practice: Beyond Normative Views of Morality and Rationality, Fiona Simon purports to offer a critique of meta-regulation based on an extended case study of the often-feckless process of electricity regulatory reform undertaken in Australia in the early part of this century. Yet neither Simon’s case study nor her book …


Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips Jan 2018

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

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For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of …


Legal Mechanisms For Governing The Transition Of Key Domain Name Functions To The Global Multi-Stakeholder Community, Christopher S. Yoo, Aaron Shull, Paul Twomey Jan 2017

Legal Mechanisms For Governing The Transition Of Key Domain Name Functions To The Global Multi-Stakeholder Community, Christopher S. Yoo, Aaron Shull, Paul Twomey

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This Chapter proposes an alternative approach to the IANA transition that migrates the existing core contractual requirements imposed by the US government to the existing IANA functions customers. It also advances modest internal accountability revisions that could be undertaken within ICANN’s existing structure. Specifically, it advocates that the Independent Review Tribunal charged with reviewing certain ICANN board of directors-related decisions be selected by a multi-stakeholder committee rather than being subject to approval by ICANN and expanding the grounds for review to cover all of the rubrics recommended by ICANN’s “Improving Institutional Confidence” process in 2008-2009, including fairness, fidelity to the …


The Role Of Politics And Policy In Television Regulation, Christopher S. Yoo Jan 2004

The Role Of Politics And Policy In Television Regulation, Christopher S. Yoo

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This article is a reply to Thomas Hazlett’s commentary on my article entitled, “Rethinking the Commitment to Free, Local Television.” Although politics and public choice theory represent an important approach for analyzing government actions, economic policy still exercises some influence over the regulation of television. On the one hand, we agree that the regulatory preference of free television and local programming is more a reflection of political considerations than economic policy and that the importance of promoting communities of interest over geographic communities, and the potential for new services such as Digital Audio Radio Services to benefit consumers. On the …