Law Commons^™

Modes Of Regulatory Enforcement And The Problem Of Administrative Discretion, Ashutosh Bhagwat

UC Law Journal

In addition to regulating different substantive areas, administrative agencies differ in the enforcement systems they use to implement regulatory regimes. In this article, Professor Bhagwat identifies a crucial distinction between ex ante enforcement regimes, which authorize agencies to review, approve, or disapprove of regulated conduct before it occurs, and ex post regimes, which limit agencies to prosecuting and penalizing regulatory violations after they have occurred. Ex ante authority appears in a variety of guises, including licensing schemes, preclearance or preapproval requirements, and certification requirements. Their common feature is that ex ante enforcement regimes place the burden of inertia, delay, and …

"What A Tangled Web We Weave, When First We Practice To Deceive": Frames, Hyperlinks, Metatags, And Unfair Competition On The World Wide Web, Shelby Clark

UC Law Journal

The World Wide Web makes possible a variety of novel activities, and new variations on old ones, with which intellectual-property law has struggled. Technical aspects of the Web known as links, metatags, and frames enable web-page builders to use and display information to which others have a legal claim, and to otherwise gain an advantage at someone else's expense. At the same time, these techniques permit us to connect information in novel, useful ways. Unfair competition law has been relatively underutilized in addressing the conflicts that these techniques generate, but it has much to offer both in resolving particular disputes …

The Judicial Politics Of White Collar Crime, J. Kelly Strader

UC Law Journal

White collar crime cases produce a curious paradox in Supreme Court jurisprudence: in a substantial number of the Court's leading white collar criminal cases, ranging from insider trading to political corruption cases, the "liberal" justices have voted to affirm convictions, and the "conservative" justices to reverse them. Even more frequently, these cases have produced strange alliances among the liberals and conservatives, who rarely split into such groupings in non-white collar criminal cases. And it is not merely votes and alliances that change in white collar cases; judicial philosophies, attitudes, and rhetoric transmogrify into a veritable twilight zone of Supreme Court …

Future Of Telecommunications, The Future Of Telecommunications Regulation, The, Eli M. Noam

UC Law Journal

No abstract provided.

Economic And Political Consequences Of The 1996 Telecommunications Act, Thomas W. Hazlett

UC Law Journal

No abstract provided.

Unnatural Competition?: Applying The New Antitrust Learning To Foster Competition In The Local Exchange, Ashutosh Bhagwat

UC Law Journal

No abstract provided.

From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney

UC Law Journal

No abstract provided.

The Magnificent Seven: American Telephony's Deregulatory Shootout, Jim Chen

UC Law Journal

No abstract provided.

The Abc's Of Universal Service: Arbitrage, Big Bucks, And Competition, Gregory L. Rosston, Bradley S. Wimmer

UC Law Journal

No abstract provided.

A General Framework For Competitive Analysis In Wireless Telecommunications, J. Gregory Sidak, Hal J. Singer, David J. Teece

UC Law Journal

No abstract provided.

A Comment On Competition And Controversy In Local Telecommunications, Howard A. Shelanski

UC Law Journal

No abstract provided.

"If Property Rights Were Treated Like Human Rights, They Could Never Get Away With This": Blacklisting And Due Process In U.S. Economic Sanctions Programs, Peter L. Fitzgerald

UC Law Journal

Economic sanctions have proliferated in the last half of the twentieth century, and become the "first choice" of policymakers seeking tools to address many complex international issues. A key feature of these various sanctions programs is the use of a blacklist, to bring third party agents, controlled entities, and corporate cloaks operating elsewhere within the ambit of the sanctions aimed at a particular country or destination. These blacklists have now grown to include several thousand individuals and entities. However, despite the growing importance of economic sanctions, and their accompanying blacklists, these programs are still managed by a relatively small office …

New York, Printz, And The Driver's Privacy Protection Act: Has Congress Commandeered The State Department Of Motor Vehicles?, Adam S. Halpern

UC Law Journal

In New York v. United States, the Supreme Court set forth the rule that any federal law which directs state governments to enact specific legislation is per se unconstitutional. The Court characterized these federal laws as attempts to "commandeer" the States' governmental machinery. The Court reaffirmed and extended the so-called "anti-commandeering" principle in Printz v. United States, holding that Congress may not constitutionally pass a law that directs a State's administrative officials to take a particular action. In the wake of these decisions, two U.S. circuit courts of appeals have struck down as unconstitutional the Driver's Privacy Protection Act of …

America's Uneasy Relationship With The Working Poor, A. Mechele Dickerson

UC Law Journal

While Americans historically have supported efforts to provide financial assistance to the truly needy members of our society, we have a fear that giving cash or other forms of economic assistance to the unemployed but able-bodied is morally corrupting and fosters economic dependency. Recent efforts to overhaul welfare and bankruptcy laws resulted from the public's perception that too many people failed to become economically self-sufficient despite an extended peacetime period of economic prosperity.

This Article examines our society's uneasy relationship with the working poor and our hesitancy to provide economic relief to ablebodied people who appear to have contributed to …

Institutional Signals And Implicit Bargains In The Ulp Strike Doctrine: Empirical Evidence Of Law As Equilibrium, Michael H. Leroy

UC Law Journal

Law as Equilibrium hypothesizes that the Supreme Court acts strategically, through signals and implicit bargains with the coordinate branches, to import its substantive values to public policies. In this Article, Professor LeRoy provides strong empirical support for this theory.

Examining 467 National Labor Relations Board decisions over a 60- year period that categorized permanent replacement strikes as "economic" or "unfair labor practice" (ULP) strikes, I find remarkable evidence of decisional constancy. For the 1940s, the Board ruled that a replacement strike was also a ULP strike in 39% of its cases. These rulings essentially negated an employer's right to hire …

Amorality And Humanitarianism In Immigration Law, Catherine Dauvergne

All Faculty Publications

The author argues that liberalism does not provide a meaningful standard for assessing whether immigration laws are just. In the absence of a justice standard, immigration laws occupy an amoral realm. Varying strands of liberal theory about membership in society do converge around the humanitarian ideal that some people are so needy that they must be admitted on a moral basis. The humanitarian consensus, however, is unhelpful for most of the broad societal debates about immigration, and is a front for discursive cohesion without any underlying agreement. Humanitarianism is a pragmatic tool for shifting law and policy, but must be …

Interpreting The Income Tax Act - Part 1: Interpretive Doctrines, David G. Duff

All Faculty Publications

This two-part article discusses the various doctrines to which Canadian courts have referred in interpreting the Income Tax Act, evaluates these doctrines, and proposes an alternative "pragmatic" approach that offers a more open, reasoned, and balanced method of statutory interpretation than each of the alternatives otherwise available. Part 1 of the article reviews the four main doctrines applied by Canadian courts in interpreting the Income Tax Act: strict construction, purposive interpretation, the plain meaning rule, and the words-in-total context approach. After the characteristics of each of these four doctrines have been explained, the article examines leading tax cases in which …

Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff

All Faculty Publications

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the …

Members’ Briefing: Licensing, Anne Klinefelter

Faculty Publications

No abstract provided.

Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell

Scholarly Works

No abstract provided.

Love, Hate, And Other Emotional Interference In The Lawyer/Client Relationship, Marjorie A. Silver

Scholarly Works

No abstract provided.

The Day The Dogs Died: A Mad Essay On The Perils Of Alien Scholarship, Or An Alien Essay On The Perils Of Mad Scholarship, Louise Harmon

Scholarly Works

No abstract provided.

Southworth V. Grebe: The Conservative Utilization Of "Negative" First Amendment Rights To Attack Diversity Of Thought At Public Universities, Meredith R. Miller

Scholarly Works

No abstract provided.

Deconstructing The Rejection Letter: A Look At Elitism In Article Selection, Dan Subotnik, Glen Lazar

Scholarly Works

No abstract provided.

Discrimination Cases In The Supreme Court's 1997 Term (The Supreme Court And State And Local Government Law: The 1997-1998 Term), Eileen Kaufman

Scholarly Works

No abstract provided.

Iola And Daubert (Symposium: The Supreme Court And Local Government Law: The 1997-98 Term), Leon D. Lazer

Scholarly Works

No abstract provided.

Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy

Scholarly Works

No abstract provided.

Critical Race Theory – The Last Voyage, Dan Subotnik

Scholarly Works

No abstract provided.

From A Whimper To A Bang: The Trend Toward Finding Occurrence Based Statutes Of Limitations Governing Negligent Misdiagnosis Of Diseases With Long Latency Periods Unconstitutional, Peter Zablotsky

Scholarly Works

No abstract provided.

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.