Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (27)
- Law and Economics (15)
- Legislation (14)
- Social and Behavioral Sciences (11)
- Communications Law (10)
-
- Business Organizations Law (9)
- Constitutional Law (9)
- Law and Society (9)
- Securities Law (9)
- Antitrust and Trade Regulation (8)
- Environmental Law (8)
- Health Law and Policy (8)
- Economics (7)
- International Law (7)
- Banking and Finance Law (6)
- Comparative and Foreign Law (6)
- Land Use Law (6)
- Legal History (6)
- State and Local Government Law (6)
- Human Rights Law (5)
- Internet Law (5)
- Natural Resources Law (5)
- Property Law and Real Estate (5)
- Public Law and Legal Theory (5)
- Consumer Protection Law (4)
- Dispute Resolution and Arbitration (4)
- Food and Drug Law (4)
- International Trade Law (4)
- Law and Politics (4)
- Institution
-
- University of Michigan Law School (15)
- BLR (13)
- Maurer School of Law: Indiana University (5)
- Fordham Law School (4)
- SelectedWorks (4)
-
- New York Law School (3)
- University of Pennsylvania Carey Law School (3)
- University of South Carolina (3)
- Vanderbilt University Law School (3)
- George Washington University Law School (2)
- Seattle University School of Law (2)
- Selected Works (2)
- University of Colorado Law School (2)
- University of Kentucky (2)
- Boston University School of Law (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- Syracuse University (1)
- Texas A&M University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Florida Levin College of Law (1)
- University of New Hampshire (1)
- University of Richmond (1)
- West Virginia University (1)
- Western New England University School of Law (1)
- Publication
-
- ExpressO (13)
- Articles (6)
- Federal Communications Law Journal (5)
- Faculty Scholarship (4)
- Fordham Law Review (4)
-
- University of Michigan Journal of Law Reform (4)
- All Faculty Scholarship (3)
- NYLS Law Review (3)
- Alejandro Faya Rodriguez (2)
- GW Law Faculty Publications & Other Works (2)
- Law Faculty Scholarly Articles (2)
- Michigan Journal of International Law (2)
- Seattle University Law Review (2)
- South Carolina Law Review (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Book Chapters (1)
- Case Western Reserve Journal of International Law (1)
- Cleveland State Law Review (1)
- Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9) (1)
- College of Law - Faculty Scholarship (1)
- Dalhousie Law Journal (1)
- Donald J. Kochan (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Georgetown Law Graduate Paper Series (1)
- Georgia State University Law Review (1)
- Karol C. Boudreaux (1)
- Law Faculty Scholarship (1)
- Michigan Journal of Race and Law (1)
- Other Publications (1)
- Publication Type
Articles 61 - 79 of 79
Full-Text Articles in Law
Not From Concentrate? Media Regulation At The Turn Of The Millennium M Arch 18-19, 2005, Journal Of Law Reform
Not From Concentrate? Media Regulation At The Turn Of The Millennium M Arch 18-19, 2005, Journal Of Law Reform
University of Michigan Journal of Law Reform
Transcript from a March 2005 Symposium held in the University of Michigan Law School, Hutchins Hall.
The Mysterious Ways Of Mutual Funds: Market Timing, Tamar Frankel
The Mysterious Ways Of Mutual Funds: Market Timing, Tamar Frankel
Faculty Scholarship
The term market timing was little known outside the arcane world of mutual funds until state attorneys general from across the country popularized it. The term's innocuous-sounding ring assumed a more pernicious note when the mysterious ways of mutual funds became more transparent. In its pernicious sense, market timing denominates mutual fund insiders using the inscrutable structures of mutual funds to provide benefits selectively to favored participants at the expense of less favored participants.
Mutual fund shares are not like common stocks; investments made using these vehicles are unlike those made through traditional securities markets. While the peculiar features of …
Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller
Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller
Articles
International law-making by sub-national actors and regulatory networks of bureaucrats has come under attack as lacking in accountability and legitimacy. Global administrative law is emerging as an approach to understanding what international organizations and national governments do, or ought to do, to respond to the perceived democracy deficit in international law-making. This article examines the Basel Committee on Banking Supervision, a club of central bankers who meet to develop international banking capital standards and to develop supervisory guidance. The Basel Committee embodies many of the attributes that critics of international law-making lament. A closer examination, however, reveals a structure of …
Taxing Obesity - Or Perhaps The Opposite, Saul Levmore
Taxing Obesity - Or Perhaps The Opposite, Saul Levmore
Cleveland State Law Review
The true subject of this Lecture is the question of why we regulate some things and not others, and then how we might predict future regulation. Let me begin with my conclusion, to be developed at greater length in other work. Its academic novelty will be the notion that a fair amount of regulation is best understood as fostering self-control on behalf of the governed. I will suggest that we add this explanation, or category, of government intervention to the more familiar ones of public goods, coordination, interest group capture, and negative externalities where there are high transaction costs. Its …
Well-Known Seasoned Issuers In Canada, Adam C. Pritchard
Well-Known Seasoned Issuers In Canada, Adam C. Pritchard
Other Publications
The United States Securities and Exchange Commission (SEC) recently adopted a series of rules relaxing the restrictions imposed on public offerings. The largest public companies - defined as “well-known seasoned issuers” (WKSIs) - received the most extensive regulatory relief. Canada could adopt a version of WKSI status for the top tier of Toronto Stock Exchange (TSX) issuers as part of a streamlined POP system.
Careful consideration must be given, however, as to the appropriate standards for WKSI status in Canada. The standards adopted in the U.S. – US$700 million in market capitalization or US$1 billion in nonconvertible debt issued over …
Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts
Regulating The Business Of Insurance: Federalism In An Age Of Difficult Risk, Robert H. Jerry Ii, Steven E. Roberts
UF Law Faculty Publications
Although the United States has not established a much-needed and increasingly discussed national catastrophe policy, most significant points in current risk management strategies involve significant federal coordination and control. The authors suggest that a regulatory model that defers to the states with respect to the regulation of the insurance aspects of difficult risks is no longer viable, and an enhanced federal role in insurance regulation specifically -- and in risk management more generally -- is both necessary and appropriate with respect to difficult risks.
The Mysterious Ways Of Mutual Funds: Market Timing, Lawrence A. Cunningham, Tamar Frankel
The Mysterious Ways Of Mutual Funds: Market Timing, Lawrence A. Cunningham, Tamar Frankel
GW Law Faculty Publications & Other Works
The term market timing was little known outside the arcane world of mutual funds until state attorneys general from across the country popularized it. The term's innocuous-sounding ring assumed a more pernicious note when the mysterious ways of mutual funds became more transparent. In its pernicious sense, market timing denominates mutual fund insiders using the inscrutable structures of mutual funds to provide benefits selectively to favored participants at the expense of less favored participants. Mutual fund shares are not like common stocks; investments made using these vehicles are unlike those made through traditional securities markets. While the peculiar features of …
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
Management-Based Strategies For Improving Private Sector Environmental Performance, Cary Coglianese, Jennifer Nash
All Faculty Scholarship
Improvements in environmental quality depend in large measure on changes in private sector management. In recognition of this fact, government and industry have begun in recent years to focus directly on shaping the internal management practices of private firms. New management-based strategies can take many forms, but unlike conventional regulatory approaches they are linked by their distinctive focus on management practices, rather than on environmental technologies or emissions targets. This article offers the first sustained analysis of both public and private sector initiatives designed specifically to improve firms' environmental management. Synthesizing the results of a conference of leading scholars and …
The World Trade Law Of Censorship And Internet Filtering, Tim Wu
The World Trade Law Of Censorship And Internet Filtering, Tim Wu
Faculty Scholarship
Consider the following events, all from the last five years: (1) An American newsmagazine, Barron's, posts an unflattering profile of an Australian billionaire named Joseph Gutnick on its web site – the publisher, Dow Jones, Inc., is sued in Australia and forced to settle; (2) Mexico's incumbent telephone company, Telmex, blocks Mexicans from reaching the web site of the Voice-over-IP firm Skype; (3) the United States begins a major crackdown on web gambling services, causing serious economic damage to several small Caribbean economies; (4) the Chinese government prevents its citizens from using various foreign Internet services, including foreign e-mail and …
Is Cost-Benefit Analysis Neutral, David M. Driesen
Is Cost-Benefit Analysis Neutral, David M. Driesen
University of Colorado Law Review
Cost-benefit analysis (CBA) owes much of its appeal to its image as a neutral principle for deciding upon the appropriate stringency of environmental, health, and safety regulation. This Article examines whether CBA is neutral in effect-i.e. whether it sometimes makes regulations more stringent or regularly leads to weaker environmental, health, and safety protection. Using a representative data set from recent Office of Management and Budget (OMB) reviews, an examination of OMB prompt letters, and a literature review, this Article shows that CBA has almost always proven anti-environmental in practice. It also shows that the most common approaches to CBA are …
Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Iii:2), Donald H. Regan
Regulatory Purpose And 'Like Products' In Article Iii:4 Of The Gatt (With Additional Remarks On Article Iii:2), Donald H. Regan
Book Chapters
In EC-Asbestos the Appellate Body has told us that (l) in interpreting Article III:4 of the GATT, we must take explicit account of the policy in Article III: l that measures should not be applied "so as to afford protection to domestic production" [hereafter just "so as to afford protection"]. In Chile- Alcohol the Appellate Body has told us that (2) in deciding whether a measure is applied "so as to afford protection," we must consider "the purposes or objectives of a Member's legislature and government as a whole"- in other words, the regulatory purpose of the measure. Chile- Alcohol …
A Model Regime Of Privacy Protection, Daniel J. Solove
A Model Regime Of Privacy Protection, Daniel J. Solove
GW Law Faculty Publications & Other Works
A series of major security breaches at companies with sensitive personal information has sparked significant attention to the problems with privacy protection in the United States. Currently, the privacy protections in the United States are riddled with gaps and weak spots. Although most industrialized nations have comprehensive data protection laws, the United States has maintained a sectoral approach where certain industries are covered and others are not. In particular, emerging companies known as "commercial data brokers" have frequently slipped through the cracks of U.S. privacy law. In this article, the authors propose a Model Privacy Regime to address the problems …
The Irrational Auditor And Irrational Liability, Adam C. Pritchard
The Irrational Auditor And Irrational Liability, Adam C. Pritchard
Articles
This Article argues that less liability for auditors in certain areas might encourage more accurate and useful financial statements, or at least equally accurate statements at a lower cost. Audit quality is promoted by three incentives: reputation, regulation, and litigation. When we take reputation and regulation into account, exposing auditors to potentially massive liability may undermine the effectiveness of reputation and regulation, thereby diminishing integrity of audited financial statements. The relation of litigation to the other incentives that promote audit quality has become more important in light of the sea change that occurred in the regulation of the auditing profession …
Offshore Outsourcing And Worker Rights, Theodore J. St. Antoine
Offshore Outsourcing And Worker Rights, Theodore J. St. Antoine
Articles
For the workers in the Rust Belt of the United States, concentrated in Southern New England, Western New York State, Pennsylvania, Ohio, Michigan, Indiana, and Illinois, it doesn't make much difference whether their jobs are outsourced or lost to North Carolina or Mexico or China. In any event the sources of income that have existed for generations are gone and the economic and psychic pains are much the same. Nonetheless, for purposes of national policy it plainly matters whether the work is moving to another part of the country or is leaving the United States entirely. I am going to …
Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael
Self-Regulation For Safety And Security: Final Minutes Or Finest Hour?, Douglas C. Michael
Law Faculty Scholarly Articles
The terrorist attacks of September 11, 2001, and the accounting and auditing crisis later caused by the Enron and Worldcom scandals of that same year, created a great sense of insecurity in many Americans. In this Article, I analyze the federal government's response to crisis. I first define what a crisis is: a sudden, existential threat to which the entity has insufficient resources to respond. I then explain how regulation for safety and security is unique in two aspects: perceptions matter, and the assistance of the regulated entities is essential. I proceed by describing and analyzing the regulatory history and …
Expecting Too Much And Too Little Of Lawyers, Eugene R. Gaetke
Expecting Too Much And Too Little Of Lawyers, Eugene R. Gaetke
Law Faculty Scholarly Articles
The regulation of lawyers' behavior remains a controversial topic. Over the past hundred years, the organized bar has engaged in a number of efforts to generate rules governing lawyers' conduct. Still, prominent lawyers and jurists, the public media, and legal scholars perceive an ongoing decline in the profession's ethics.
Bar leaders tend to respond to the problem by calling for greater "professionalism" among practicing lawyers. Drawing on professional images from earlier times, they urge lawyers to look beyond the rules and to be more virtuous, selfless, independent of clients, and dedicated to justice.
A number of commentators go further. These …
Guidance Documents And Regulatory Beneficiaries, Nina A. Mendelson
Guidance Documents And Regulatory Beneficiaries, Nina A. Mendelson
Articles
Federal agencies rely heavily on guidance documents, and their volume is massive. The Environmental Protection Agency and the Occupational Safety and Health Administration recently catalogued over 2000 and 1600 such documents, respectively, issued between 1996 and 1999. These documents can range from routine matters, such as how employees should maintain correspondence files, to broad policies on program standards, implementation, and enforcement. Documents in the latter category include Education Department policies on Title IX implementation, Environmental Protection Agency policies on hazardous waste cleanup, the Food and Drug Administration's policies on food safety and broadcast advertising of pharmaceuticals, and many more.Although these …
Hipaa-Cracy, Carl E. Schneider
Hipaa-Cracy, Carl E. Schneider
Articles
The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Runoff And Reality: Externalities, Economics, And Traceability Issues In Urban Runoff Regulation, Donald J. Kochan
Donald J. Kochan
It has long eluded regulators and private enforcers how to control the imposition of negative externalities. This paper will examine: (1) Whether existing authorities (like the Clean Water Act) are capable of providing regulation of urban runoff; (2) Whether, in light of economic controls, regulation of these activities are necessary; (3) A summary of recent runoff litigation; and (4) What is next; what should be next? Although each of these questions form background, the primary emphasis currently anticipated for this presentation is on traceability, collective action, and free rider problems that motivate regulation in this area. Often runoff is described …