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The Year In Economics At The Fcc: A National Plan For Broadband, Jonathan Baker, Paul De Sa Oct 2010

The Year In Economics At The Fcc: A National Plan For Broadband, Jonathan Baker, Paul De Sa

Articles in Law Reviews & Other Academic Journals

The past year in economics at the Federal Communications Commission (FCC) has focused on encouraging the adoption and deployment of high capacity Internet access and the associated networks, commonly termed “broadband.” Our article sketches important economic themes in the FCC’s National Broadband Plan to show how the application of basic principles of regulatory economics takes account of rapid technological change. We discuss natural monopoly regulation, externalities and cross-subsidies, network effects and interconnection, the allocation of scarce inputs, protecting and fostering competitive markets, and consumer protection and transparency as they apply to the development of broadband.


Do Lawyers And Law Professors Have Any Comparative Advantages In Opining On Financial Regulation Reform?, Kenneth Anderson Apr 2010

Do Lawyers And Law Professors Have Any Comparative Advantages In Opining On Financial Regulation Reform?, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

American University, WCL Research Paper 10-22Abstract:This short essay addresses a worry sometimes at the back of the minds of financial lawyers and law-and-finance scholars seeking to intervene in the debate over financial regulation reform in the wake of the financial crisis of 2007-09. As lawyers and law professors, what - if anything - do we have to contribute to the debate? Are the fundamental questions of the financial crisis not economic in a professional and disciplinary sense? Questions that require formal disciplinary skills and training in economics in order to be able formulate positions on the fundamental issues, in which the ...


Predators Over Pakistan, Kenneth Anderson Mar 2010

Predators Over Pakistan, Kenneth Anderson

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American University, WCL Research Paper No. 2010-06Abstract:This extended policy/political essay argues that targeted killing, by means of unmanned aerial vehicles such as Predator "drones" and including targeted killing as carried out by the CIA, is both a good policy in combating transnational terrorism and a lawful means of self-defense under international law. Lengthy (for a political magazine, at 8,000 words, but easier to read in this pdf format) and unabashedly polemical, the essay urges the Obama administration's lawyers to step up publicly and articulate their views of the legality of targeted killing, and further argues that ...


This Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport_Tulane Law Review, N. Jeremi Duru Feb 2010

This Field Is Our Field: Foreign Players, Domestic Leagues, And The Unlawful Racial Manipulation Of American Sport_Tulane Law Review, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

Introduction: During the last several decades, international athletes' presence in professional American sports has reached unprecedented levels. Not all premier professional American sports leagues, however, accommodate internationalization to the same extent. While the National Football League (NFL), the National Hockey League (NHL), the National Basketball Association (NBA), and Major League Baseball (MLB) do not impose limits on international entrants into their leagues, Major League Soccer (MLS) does. Under a policy established at the league's founding in 1996 (the MILS Policy or the Policy), no MLS team may stock its twenty-person senior roster with any more than eight international players.


Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt: An Introduction, Anna Gelpern Jan 2010

Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt: An Introduction, Anna Gelpern

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Money Market Fund Reform Viewed Through A Systemic Risk Lens, Hilary J. Allen Jan 2010

Money Market Fund Reform Viewed Through A Systemic Risk Lens, Hilary J. Allen

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang Jan 2010

Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In the decade since it became a priority on the United States' national agenda, the issue of human trafficking has spawned enduring controversy. New legal definitions of “trafficking” were codified in international and U.S. law in 2000, but what conduct qualifies as “trafficking” remains hotly contested. Despite shared moral outrage over the plight of trafficked persons, debates over whether trafficking encompasses voluntary prostitution continue to rend the anti-trafficking advocacy community - and are as intractable as debates over abortion and other similarly contentious social issues. Attempts to equate trafficking with slavery invite both disdain and favor: they are often rejected ...


Beyond The 'Chilling Effect': Immigrant Worker Behavior And The Regulation Of Occupational Safety & Health, Jayesh Rathod Jan 2010

Beyond The 'Chilling Effect': Immigrant Worker Behavior And The Regulation Of Occupational Safety & Health, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

This article forms part of a broader scholarly project that seeks to understand the root causes of immigrant worker injury and fatality trends in the U.S., and the ways in which legal norms and regulatory practices shape these trends. This particular contribution examines the broad range of attributes and experiences that influence immigrant worker behavior relating to occupational safety and health -- in the context of interactions with employers and regulatory bodies, and relating to the choices that workers themselves make about how to perform their work.

Drawing upon scholarship from multiple disciplines, the article encourages a more robust understanding ...


Preserving A Political Bargain: The Political Economy Of The Non-Interventionist Challenge To Monopolization Enforcement, Jonathan Baker Jan 2010

Preserving A Political Bargain: The Political Economy Of The Non-Interventionist Challenge To Monopolization Enforcement, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

The antitrust rules governing exclusionary conduct by dominant firms are among the most controversial in U.S. competition policy. During the first decade of the twenty-first century, they were debated in three arenas, involving legal policy, economic policy, and politics. In each arena, the dispute mainly arose as criticism of traditional standards by advocates of less intervention. Viewed through a political economy lens, the controversy can be understood as a potential challenge to an informal political bargain reached during the 1940s by which competition was adopted as national economic policy in preference to regulation or laissez-faire. From this perspective, and ...


Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson Jan 2010

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay Wiley Jan 2010

Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Because the health effects of climate change are likely to be significant and far-reaching, a key component of climate change adaptation will be our public health infrastructure. Perhaps counter-intuitively, recent emphasis in public health law on preparedness for extraordinary events may be to the detriment of our ability to cope with the health impacts of climate change. While existing emergency preparedness law will necessarily be an important backdrop for health-focused climate change adaptation efforts (especially with regard to natural disasters and infectious disease outbreaks), the focus on emergency preparedness in recent years does not necessarily situate us well for handling ...


Preempting Justice: Precrime In Fiction And In Fact, Mark Niles Jan 2010

Preempting Justice: Precrime In Fiction And In Fact, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Copyright Principles Project: Directions For Reform, Michael W. Carroll, Pamela Samuelson, Members Of The Cpp Jan 2010

The Copyright Principles Project: Directions For Reform, Michael W. Carroll, Pamela Samuelson, Members Of The Cpp

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2010

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Joining The Convention On Biological Diversity, William Snape Jan 2010

Joining The Convention On Biological Diversity, William Snape

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Life on Earth as we know it is under siege. Significant and probably irreversible changes to the natural world are now occurring. It is an undisputed fact that we are losing wild species in nature to extinction faster than in any geologic period since the dinosaur die-off roughly sixty five million years ago. It is also undisputed that ecosystem services from land, water, and air are degraded throughout the world and threatening food supplies, economic development, scientific advancements, and global security. The rapid advent of global warming and associated climate change makes the job of saving native plants, animals ...


A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones Jan 2010

A Reason To Doubt: The Suppression Of Evidence And The Inference Of Innocence, Cynthia E. Jones

Articles in Law Reviews & Other Academic Journals

The government’s duty to disclose favorable evidence to the defense under Brady v. Maryland has become one of the most unenforced constitutional mandates in criminal law. The intentional or bad faith withholding of Brady evidence is by far the most egregious type of Brady violation and has led to wrongful convictions, near executions, and other miscarriages of justice. This Article suggests that two ramifications should flow from intentional Brady violations. First, courts should have the power to inform the jury of the government’s Brady misconduct by imposing a specially crafted punitive jury instruction. Unlike the ineffective sanctioning scheme ...


Family Law Exceptionalism In Comparative Law, Fernanda Nicola Jan 2010

Family Law Exceptionalism In Comparative Law, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

Today, family law is, to a surprising degree, at the center of comparative law inquiries committed to legal unification. Comparative family law projects range from analyzing convergence and harmonization proposals in the West, to law and development schemes in the rest of the world. The most salient reforms of abortion, same-sex marriage, transsexual, and adoption rights are increasingly promoted at the transnational level through international human rights and antidiscrimination principles. Regional and international human rights tribunals in Europe and Latin America are called upon to interpret the right to family life, non-discrimination, and freedom of movement principles to redefine the ...


The Impact Of The Financial Crisis On Trade And Investment, Padideh Ala'i Jan 2010

The Impact Of The Financial Crisis On Trade And Investment, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson Jan 2010

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn Jan 2010

Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn

Articles in Law Reviews & Other Academic Journals

Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration ...


Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck Jan 2010

Empirical Modalities: Lessons For The Future Of International Investment, Susan Franck

Articles in Law Reviews & Other Academic Journals

Empirical approaches add value to international investment law and aid in its evolution. Nevertheless, we must "fit the forum to the fuss." When transforming international law, we select proper methodologies for specific research questions and make international law empiricism part of a larger post-structuralist, pluralist legal dialogue. In connection with that, my remarks first place empirical research on international investment in a historical context. I then discuss where the research is today and offer an example of how empirical methods can be used to understand, reassess, and possibly transform international investment law and related institutions. Finally, I consider the future ...


Implications Of The Copenhagen Accord For Global Climate Change, David Hunter Jan 2010

Implications Of The Copenhagen Accord For Global Climate Change, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Significance Of The Fujimori Trial, Juan E. Mendez Jan 2010

Significance Of The Fujimori Trial, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt Jan 2010

Writer's Block: The "Ins And Outs" Of Good Legal Writing, Part One, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Special 301 And Access To Medicine In The Obama Administration, Sean Flynn Jan 2010

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto Jan 2010

Introduction To Panel On Gender Crimes At The International Level Proceedings Of The Third International Humanitarian Law Dialogs, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.


Introductory Note For The International Criminal Court, Susana Sacouto Jan 2010

Introductory Note For The International Criminal Court, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: On February 3, 2010, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment on the appeal of the Prosecutor against the decision of the Pre-Trial Chamber (PTC) denying his application for an arrest warrant against President of Sudan, Omar Hassan Ahmad Al Bashir in relation to the crime of genocide. Holding that the PTC had applied an erroneous standard of proof, the Appeals Chamber reversed the PTC's decision and directed it to reconsider whether the warrant should be issued in light of the Appeals Chamber's discussion of the appropriate standard of proof.


Trade And Sustainable Development, Padideh Ala'i Jan 2010

Trade And Sustainable Development, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

The creation of the WTO in 1995 has brought GATT Article X (and other procedural provisions) and Article XX to the forefront of WTO jurisprudence. The provisions of the WTO Agreements reflect the reality of the administrative state and with it the recognition that categories of regulation (such as sanitary and phyto-sanitary regulations or technical regulations or standards) are legitimate irrespective of their impact on trade. The focus of WTO panels and the Appellate Body has shifted from harmonization and mutual recognition to transparency in application and administration. It has also required the WTO dispute settlement mechansim to engaged in ...


Remarks - Strengthening The Prohibition Against Torture The Evolution Of The Un Committee Against Torture, Claudio Grossman Jan 2010

Remarks - Strengthening The Prohibition Against Torture The Evolution Of The Un Committee Against Torture, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.