Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (201)
- Environmental Law (110)
- Social and Behavioral Sciences (97)
- Law and Economics (86)
- Health Law and Policy (83)
-
- Banking and Finance Law (78)
- Legislation (73)
- Public Affairs, Public Policy and Public Administration (64)
- Business Organizations Law (62)
- Law and Society (62)
- Constitutional Law (59)
- Securities Law (55)
- Science and Technology Law (53)
- Antitrust and Trade Regulation (52)
- State and Local Government Law (51)
- Consumer Protection Law (45)
- Law and Politics (41)
- Physical Sciences and Mathematics (41)
- Natural Resources Law (40)
- Business (39)
- Comparative and Foreign Law (39)
- Intellectual Property Law (39)
- Courts (36)
- Energy and Utilities Law (36)
- Public Law and Legal Theory (36)
- Food and Drug Law (34)
- President/Executive Department (34)
- International Law (31)
- Legal Profession (31)
- Institution
-
- University of Michigan Law School (141)
- University of Pennsylvania Carey Law School (57)
- Boston University School of Law (49)
- University of Colorado Law School (46)
- Vanderbilt University Law School (34)
-
- American University Washington College of Law (31)
- Columbia Law School (31)
- University of Kentucky (29)
- Georgetown University Law Center (22)
- Texas A&M University School of Law (22)
- University of Cincinnati College of Law (19)
- Penn State Dickinson Law (17)
- The Peter A. Allard School of Law (14)
- George Washington University Law School (13)
- University of Baltimore Law (13)
- University of Wollongong (13)
- University of Georgia School of Law (12)
- University of Florida Levin College of Law (11)
- University of Pittsburgh School of Law (11)
- Maurer School of Law: Indiana University (10)
- Southern Methodist University (10)
- Touro University Jacob D. Fuchsberg Law Center (10)
- University of Missouri School of Law (10)
- University of Richmond (10)
- Notre Dame Law School (9)
- Schulich School of Law, Dalhousie University (9)
- Singapore Management University (9)
- University of Maryland Francis King Carey School of Law (9)
- University of New Hampshire (9)
- Penn State Law (8)
- Publication Year
- Publication
-
- Articles (141)
- Faculty Scholarship (127)
- All Faculty Scholarship (73)
- Vanderbilt Law School Faculty Publications (34)
- Scholarly Works (31)
-
- Articles in Law Reviews & Other Academic Journals (28)
- Faculty Publications (28)
- Law Faculty Scholarly Articles (25)
- Faculty Articles and Other Publications (19)
- Journal Articles (19)
- Publications (18)
- Faculty Scholarly Works (17)
- Georgetown Law Faculty Publications and Other Works (17)
- GW Law Faculty Publications & Other Works (13)
- Book Chapters (12)
- Law Faculty Scholarship (11)
- UF Law Faculty Publications (11)
- Articles by Maurer Faculty (10)
- Faculty Journal Articles and Book Chapters (10)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (10)
- Other Publications (10)
- All Faculty Publications (9)
- Law Faculty Publications (9)
- Research Collection Yong Pung How School Of Law (8)
- Articles, Book Chapters, & Popular Press (7)
- Faculty Works (7)
- Elisabeth Haub School of Law Faculty Publications (6)
- Scholarly Articles (6)
- Akron Law Faculty Publications (5)
- Faculty Articles (5)
Articles 61 - 90 of 852
Full-Text Articles in Law
Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser
Fintech: A Field Day Of Arbitrage Gone Awry, Grace Fraser
Articles in Law Reviews & Journals
No abstract provided.
On What Basis Did Health Canada Approve Oxycontin In 1996? A Retrospective Analysis Of Regulatory Data, Jessie Pappin, Itai Bavli, Matthew Herder
On What Basis Did Health Canada Approve Oxycontin In 1996? A Retrospective Analysis Of Regulatory Data, Jessie Pappin, Itai Bavli, Matthew Herder
Articles, Book Chapters, & Popular Press
The marketing and sale of oxycodone (OxyContin) by Purdue Pharma has commanded a great deal of legal and policy attention due to the drug’s central role in the ongoing overdose crisis. However, little is known about the basis for OxyContin’s approval by regulators, such as Health Canada in 1996. Taking advantage of a recently created online database containing information pertaining to the safety and effectiveness of drugs, we conducted a retrospective analysis of Purdue Pharma’s submission to Health Canada, including both published and unpublished clinical trials. None of the trials sponsored by Purdue Pharma sought to meaningfully assess the risks …
The Regulation Of Foreign Platforms, Ganesh Sitaraman
The Regulation Of Foreign Platforms, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
In August 2020, the Trump Administration issued twin executive orders banning tech platforms TikTok and WeChat from the United States. These were not the first actions taken by the Trump Administration against Chinese tech platforms. But more than any other, the ban on TikTok sparked immediate outrage, confusion, and criticism.
This Article offers a new framework for thinking about national security restrictions on foreign tech platforms. A growing body of scholarship draws on principles from regulated industries, infrastructure industries, and public utilities to show how the regulation of tech platforms is not only viable but also has significant precedent and …
A Comment On Foohey Et Al., Steering Loan Modifications Post-Pandemic, Susan Block-Lieb
A Comment On Foohey Et Al., Steering Loan Modifications Post-Pandemic, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Rate Base The Charge Space: The Law Of Utility Ev Infrastructure Investment, Adam D. Orford
Rate Base The Charge Space: The Law Of Utility Ev Infrastructure Investment, Adam D. Orford
Scholarly Works
To fight climate change and support the transition to a zero-emissions transportation sector, the U.S. is setting out to build a huge fleet of electric vehicle (EV) charging stations. But EV charging equipment is expensive, and how to pay for it is not straightforward. This Article explores the emerging law and policy of using the bill payments of millions of electric utility customers to solve the problem. State utility regulators, in obscure technical proceedings, have begun directing billions of ratepayer dollars toward EV chargers. Is this an unfair and risky social spending experiment, as its opponents argue? Or is it …
Modeling Through, Ryan Calo
Modeling Through, Ryan Calo
Articles
Theorists of justice have long imagined a decision-maker capable of acting wisely in every circumstance. Policymakers seldom live up to this ideal. They face well-understood limits, including an inability to anticipate the societal impacts of state intervention along a range of dimensions and values. Policymakers cannot see around corners or address societal problems at their roots. When it comes to regulation and policy-setting, policymakers are often forced, in the memorable words of political economist Charles Lindblom, to “muddle through” as best they can.
Powerful new affordances, from supercomputing to artificial intelligence, have arisen in the decades since Lindblom’s 1959 article …
Addictive Technology And Its Implications For Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, Samuel N. Weinstein
Addictive Technology And Its Implications For Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, Samuel N. Weinstein
Articles
The advent of mobile devices and digital media platforms in the past decade represents the biggest shock to cognition in human history. Robust medical evidence is emerging that digital media platforms are addictive and, when used in excess, harmful to users’ mental health. Other types of addictive products, like tobacco and prescription drugs, are heavily regulated to protect consumers. Currently, there is no regulatory structure protecting digital media users from these harms. Antitrust enforcement and regulation that lowers entry barriers could help consumers of social media by increasing competition. Economic theory tells us that more choice in digital media will …
The Multi-Level Marketing Pandemic, Christopher G. Bradley, Hannah E. Oates
The Multi-Level Marketing Pandemic, Christopher G. Bradley, Hannah E. Oates
Law Faculty Scholarly Articles
Among the societal effects of the COVID-19 pandemic has been a sharp rise in the activities of multi-level marketing companies (MLMs). MLMs are business enterprises in which participants seek not only to sell products to friends, family, and social media contacts, but also to recruit them as MLM participants, with the promise of "building their own business from home."
False promises often pervade MLM sales pitches. Evidence shows that few participants see even a dollar of profit from their MLM work; the vast majority of recruits quickly abandon their MLM dreams and lose their investments. Yet the pitch has become …
The Color Of Property And Auto Insurance: Time For Change, Jennifer B. Wriggins
The Color Of Property And Auto Insurance: Time For Change, Jennifer B. Wriggins
Faculty Publications
Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. The time therefore is ripe for examining insurance as it relates to race and racism, including history and current regulation. Two of the most important types of personal insurance are property and automobile. Part I begins with history, focusing on property insurance, auto insurance, race, and racism in urban areas around the mid-twentieth century. Private insurers deemed large areas of cities where African Americans lived to be “blighted” and refused to insure all …
Distrust, Negative First Amendment Theory, And The Regulation Of Lies, Helen Norton
Distrust, Negative First Amendment Theory, And The Regulation Of Lies, Helen Norton
Publications
This symposium essay explores the relationship between “negative” First Amendment theory—rooted in distrust of the government’s potential for regulatory abuse—and the government’s regulation of lies. Negative First Amendment theory explains why many lies are protected from governmental regulation—even when the regulation neither punishes nor chills valuable speech (as was the case, for example, of the statute at issue in United States v. Alvarez). But negative theory, like any theory, also needs limiting principles that explain when the government’s regulation is constitutionally justifiable.
In my view, we engage in the principled application of negative theory when we invoke it in (the …
The Law And Economics Of Behavioral Regulation, Avishalom Tor
The Law And Economics Of Behavioral Regulation, Avishalom Tor
Journal Articles
This article examines the law and economics of behavioral regulation (“nudging”), which governments and organizations increasingly use to substitute for and complement traditional instruments. To advance its welfare-based assessment, Section 1 examines alternative nudging definitions and Section 2 considers competing nudges taxonomies. Section 3 describes the benefits of nudges and their regulatory appeal, while Section 4 considers their myriad costs—most notably the private costs they generate for their targets and other market participants. Section 5 then illustrates the assessment of public and private welfare nudges using cost-benefit analysis, cost-effectiveness analysis, and rationality-effects analysis.
Pay-To-Playlist: The Commerce Of Music Streaming, Christopher Buccafusco, Kristelia A. García
Pay-To-Playlist: The Commerce Of Music Streaming, Christopher Buccafusco, Kristelia A. García
Publications
Payola—sometimes referred to as “pay-for-play”—is the undisclosed payment, or acceptance of payment, in cash or in kind, for promotion of a song, album, or artist. Some form of pay-for-play has existed in the music industry since the nineteenth century. Most prominently, the term has been used to refer to the practice of musicians and record labels paying radio DJs to play certain songs in order to boost their popularity and sales. Since the middle of the twentieth century, the FCC has regulated this behavior—ostensibly because of its propensity to harm consumers and competition—by requiring that broadcasters disclose such payments.
As …
Responding To Mass, Computer-Generated, And Malattributed Comments, Steven J. Balla, Reeve Bull, Bridget C.E. Dooling, Emily Hammond, Michael A. Livermore, Michael Herz, Beth Simone Noveck
Responding To Mass, Computer-Generated, And Malattributed Comments, Steven J. Balla, Reeve Bull, Bridget C.E. Dooling, Emily Hammond, Michael A. Livermore, Michael Herz, Beth Simone Noveck
Articles
A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large scale, sometimes messy, participation in regulatory decisionmaking. It is not unheard of for agencies to receive millions of comments on rulemakings; often these comments are received as part of organized mass comment campaigns. In some rulemakings, questions have been raised about whether public comments were submitted under false names, or were automatically generated by computer “bot” programs. In this Article, we examine whether and to what extent such submissions are problematic and make recommendations for how rulemaking agencies …
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
All Faculty Scholarship
New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …
Securities Law: Overview And Contemporary Issues, Neal Newman, Lawrence J. Trautman
Securities Law: Overview And Contemporary Issues, Neal Newman, Lawrence J. Trautman
Faculty Scholarship
This is not your grandfather’s SEC anymore. Rapid technological change has resulted in novel regulatory issues and challenges, as law and policy struggles to keep pace. The U.S. Securities and Exchange Commission (SEC) reports that “the U.S. capital markets are the deepest, most dynamic, and most liquid in the world. They also have evolved to become increasingly fast and extraordinarily complex. It is our job to be responsive and innovative in the face of significant market developments and trends.” With global markets increasingly interdependent and interconnected and, “as technological advancements and commercial developments have changed how our securities markets operate, …
Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden
Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Funding Global Governance, Kristina B. Daugirdas
Funding Global Governance, Kristina B. Daugirdas
Articles
Funding is an oft-overlooked but critically important determinant of what public institutions are able to accomplish. This article focuses on the growing role of earmarked voluntary contributions from member states in funding formal international organizations such as the United Nations and the World Health Organization. Heavy reliance on such funds can erode the multilateral governance of international organizations and poses particular risks for two kinds of undertakings: normative work, such as setting standards and identifying best practices; and evaluating the conduct of member states and holding those states accountable, including through public criticism, when they fall short. International organizations have …
It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter
It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter
Faculty Publications
The U.S. Constitution grants the federal government plenary power over American Indian affairs, yet states are increasingly attempting to assert regulatory and tax jurisdiction over tribal businesses. This overreach threatens tribal sovereignty and contravenes the terms of treaties entered between the United States and American Indian tribes. This Article begins by examining the legal foundations of federal, state, and tribal relations. It then examines recent cases across four business sectors - gaming, tobacco sales, petroleum sales, and online lending - in order to illustrate the pervasive jurisdictional challenges faced by courts in cases involving tribal businesses. This Article offers three …
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
Articles
In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin
Consumer Law Scholarship
This white paper was commissioned by the Center for Consumer Law and Education, a joint initiative launched by West Virginia University and Marshall University to “coordinate the development of consumer law, policy, and education research to support and serve consumers.”
As such, this paper has a dual purpose. First, it provides a comprehensive overview of the many different legal issues that affect data privacy concerns (both nationally and in West Virginia). Second, it documents and discusses the result of a survey and specific focus groups that were undertaken throughout the fall of 2019 into January 2020 where individuals within the …
Preventing Wind Waste, K.K. Duvivier
Preventing Wind Waste, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The United States has vast offshore wind resources—nearly double the total electricity consumption of the country—ideally located in close proximity to the largest population centers. This abundance has remained stubbornly untapped for over a decade, without a single commercial scale wind project built in federal waters as of early 2021. In contrast to obstruction by the Trump administration, President Biden, in his first days in office, singled out offshore wind development as one of his priorities for tackling the climate crisis. As a result, the United States may soon see an offshore wind rush. Onshore, the United States is a …
Regulating The Digital Resonance, Hassan Salman
Regulating The Digital Resonance, Hassan Salman
Upper Level Writing Requirement Research Papers
No abstract provided.
Making Regulation Robust In The Innovation Era, Cristie Ford
Making Regulation Robust In The Innovation Era, Cristie Ford
All Faculty Publications
The next few years in regulatory history will be pivotal.
On one hand, we are witnessing renewed interest in robust state action in the economy and society. Battered by a poorly managed global pandemic and the undeniable persistence of racism and discrimination; terrified about the consequences of climate change; having suffered through years of political tumult and populist anger following a disastrous financial crisis; and having recognized once again that there is more to a person’s value than their economic productivity – it seems clear that over recent decades, public policy swung too far away from the humane, collective, and …
Lockdowns, Quarantines, And Travel Restrictions, During Covid And Beyond: What’S The Law, And How Should We Decide?, Lawrence O. Gostin, Meryl Chertoff
Lockdowns, Quarantines, And Travel Restrictions, During Covid And Beyond: What’S The Law, And How Should We Decide?, Lawrence O. Gostin, Meryl Chertoff
Georgetown Law Faculty Publications and Other Works
The COVID-19 pandemic ushered in vast deprivations of liberty previously unthinkable: lockdowns, business closures, travel restrictions, and quarantines. Even witnessing China’s January 2020 lockdown of 11 million people in Wuhan, it seemed wholly implausible that London, Rome, or New York would shut down. But they did, and much more. At the initial height of the pandemic in April 2020, more than 3.9 billion people, about half the world's population, were under stay-at-home orders. That same month, 43 US states were under stay-at-home orders.
What are the scientific, public health, and ethical justifications for various forms of liberty deprivations? Are they …
Cle Working Paper No.2/2021--Defending Nature Against Rodenticides, Marie Turcott
Cle Working Paper No.2/2021--Defending Nature Against Rodenticides, Marie Turcott
Centre for Law and the Environment
Anticoagulant rodenticides (i.e., rat poisons) are highly toxic compounds that have been recognized for decades to have devastating effects on wildlife species and the wider ecosystem. In this paper, I argue that the continued use of anticoagulant rodenticides is entirely inconsistent with the provincial and federal governments' obligations to citizens and the environment under their respective pesticide legislation, and that the governments' failure to fulfill these obligations is due in part to the refusal to acknowledge rights of nature. I provide an overview of the current statutory and regulatory framework for pesticides in Canada and examine the practical effects of …
Constitutional Review Of Federal Tax Legislation, Reuven S. Avi-Yonah, Yoseph M. Edrey
Constitutional Review Of Federal Tax Legislation, Reuven S. Avi-Yonah, Yoseph M. Edrey
Law & Economics Working Papers
What does the Constitution mean when it says that “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States” (US Const. Article I, Section 8, Clause 1)? The definition of “tax” for constitutional purposes has become important in light of the Supreme Court’s 2012 decision in NFIB v. Sebelius, in which Chief Justice Roberts for the Court upheld the constitutionality of the individual mandate of the Affordable Care Act under the taxing power. This has led to commentators questioning …
Reconsidering The Evolutionary Erosion Account Of Corporate Fiduciary Law, William W. Bratton
Reconsidering The Evolutionary Erosion Account Of Corporate Fiduciary Law, William W. Bratton
All Faculty Scholarship
This Article reconsiders the dominant account of corporate law’s duty of loyalty, which asserts that the courts have steadily relaxed standards of fiduciary scrutiny applied to self-dealing by corporate managers across more than a century of history—to the great detriment of the shareholder interest. The account originated in Harold Marsh, Jr.’s foundational article, Are Directors Trustees? Conflicts of Interest and Corporate Morality, published in The Business Lawyer in 1966. Marsh’s showing of historical lassitude has been successfully challenged in a recent book by Professor David Kershaw. This Article takes Professor Kershaw’s critique a step further, asking whether the evolutionary …
How To Regulate Blockchain’S Real-Life Applications: Lessons From The California Blockchain Working Group, Michele Benedetto Neitz
How To Regulate Blockchain’S Real-Life Applications: Lessons From The California Blockchain Working Group, Michele Benedetto Neitz
Publications
How should legislators write a law regulating a brand-new technology that they may not yet fully understand? With the advent of blockchain and other advanced computational technologies, this generation of legislators faces more complex questions than their predecessors. Drawing on the author’s experience as a member of California’s Blockchain Work-ing Group, this Article offers guidance to lawmakers, lawyers, and industry leaders seek-ing to draft effective laws regulating real-life applications of blockchain technology. This cutting-edge Article will do two things for its readers: (1) encourage them to be informed participants in conversations relating to federal and state blockchain regulation, and (2) …
A Regulatory Roadmap For Financial Innovation, Cristie Ford
A Regulatory Roadmap For Financial Innovation, Cristie Ford
All Faculty Publications
Private sector innovation – whether it is fintech, biotechnology, the platformisation of the economy, or other developments – is the single most profound challenge that regulators confront today. Financial innovations, which are intangible and fast-moving, are especially challenging. Financial regulators are at the operational front line of making sense of the promise and the risks associated with fintech, and helping to ensure it operates for public benefit.
Faced with such a changeable and fast-moving problem, how can regulators “future proof” themselves?
This chapter outlines a roadmap for financial regulators who confront fast-moving and profound change in their sectors. It argues …
Algorithms In Business, Merchant-Consumer Interactions, & Regulation, Tabrez Y. Ebrahim
Algorithms In Business, Merchant-Consumer Interactions, & Regulation, Tabrez Y. Ebrahim
Faculty Scholarship
The shift towards the use of algorithms in business has transformed merchant–consumer interactions. Products and services are increasingly tailored for consumers through algorithms that collect and analyze vast amounts of data from interconnected devices, digital platforms, and social networks. While traditionally merchants and marketeers have utilized market segmentation, customer demographic profiles, and statistical approaches, the exponential increase in consumer data and computing power enables them to develop and implement algorithmic techniques that change consumer markets and society as a whole. Algorithms enable targeting of consumers more effectively, in real-time, and with high predictive accuracy in pricing and profiling strategies. In …