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Articles 31 - 60 of 110
Full-Text Articles in Law
Nuevo Sistema De Amparo, Alejandro Faya Rodriguez
Nuevo Sistema De Amparo, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Midnight Rules: A Reform Agenda, Jack M. Beermann
Midnight Rules: A Reform Agenda, Jack M. Beermann
Michigan Journal of Environmental & Administrative Law
There is a documented increase in the volume of regulatory activity during the last ninety days of presidential administrations when the President is a lame duck, having either been defeated in a bid for re-election or being at the end of the second term in office. This includes an increase in the number of final rules issued as compared to other periods. The phenomenon of late-term regulatory activity has been called “midnight regulation,” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Article looks closely at one species of …
Market Power In Power Markets: The Filed-Rate Doctrine And Competition In Electricity, Sandeep Vaheesan
Market Power In Power Markets: The Filed-Rate Doctrine And Competition In Electricity, Sandeep Vaheesan
University of Michigan Journal of Law Reform
State and federal initiatives have opened the American electric power industry to competition over the past four decades. Although the process has not occurred uniformly across the country, wholesale electricity markets exist everywhere today. Independent power producers can construct generation facilities and sell their output to utilities and industrial customers through bilateral contracts. In many regions, centralized power markets now facilitate the sale of billions of dollars in electricity annually through auctions. Although market forces have replaced direct price regulation in electricity, antitrust enforcement has not expanded its role commensurately. A lack of competition has been a serious problem in …
Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong
Disaggregated State In Transnational Environmental Regulation, The , Hoi L. Kong
Missouri Law Review
This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest,1 and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of transnational law that (i) views the state as disaggregated, rather than unitary, (ii) focuses on informal legal mechanisms that do not have authoritative status and (iii) directs attention towards law’s facilitative functions and away from law’s binding force. This special issue’s theme …
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr
Protecting Intangible Cultural Resources: Alternatives To Intellectual Property Law, Gerald Carr
Michigan Journal of Race and Law
Cultural resources can be defined as "the tangible and intangible effects of an individual or group of people that define their existence, and place them temporally and geographically in relation to their belief systems and their familial and political groups, providing meaning to their lives." The field of cultural resources includes tangible items, such as land, sacred sites, and religious and finerary objects. The field also includes intangible knowledge and customs, such as tribal names, symbols, stories, and ecological, ethnopharmacological, religious, or other traditional knowledge. The tangible cultural resources of tribes can fall under the protection of statutes such as …
Need For Legitimate Regulatory Regime In Bioethics: A Global And European Perspective, The , Jane Reichel
Need For Legitimate Regulatory Regime In Bioethics: A Global And European Perspective, The , Jane Reichel
Missouri Law Review
Bioethics in global biobanking touches upon several internationally accepted fundamental rights and values, namely the sample donor’s right of privacy, the patient’s right to health, and – at least implicitly – scientific freedom. From the perspective of fundamental rights, however, there are very few internationally applicable rules as to the enforcement of these rights at the administrative level. Instead, the combination of the practical need for common rules and the lack of political will and/or legislative competence within the international community or the European Union (EU) seems to have paved the way for soft law. Further, the role of courts …
Toward An Empirical And Theoretical Assessment Of Private Antitrust Enforcement, Joshua P. Davis, Robert H. Lande
Toward An Empirical And Theoretical Assessment Of Private Antitrust Enforcement, Joshua P. Davis, Robert H. Lande
All Faculty Scholarship
The dominant view in the antitrust field is that private enforcement cases, and especially class actions, accomplish little or nothing positive but, on the contrary, are counterproductive. Despite strongly worded convictions, that view has been premised on anecdotal, self-serving and insufficiently substantiated claims. Indeed, the authors' 2008 study of 40 private cases appears to constitute the only systematic effort to gather information about a significant number of private antitrust actions. That study generated a great deal of controversy, including questioning of our conclusions by high officials at the Department of Justice and by Professor Daniel Crane at the University of …
Balancing Regulation And Rights In Venezuela’S Media War, Molly Carney
Balancing Regulation And Rights In Venezuela’S Media War, Molly Carney
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Making Method Visible: Improving The Quality Of Science-Based Regulation, Pasky Pascual, Wendy Wagner, Elizabeth Fisher
Making Method Visible: Improving The Quality Of Science-Based Regulation, Pasky Pascual, Wendy Wagner, Elizabeth Fisher
Michigan Journal of Environmental & Administrative Law
Scientific inferences are theories about how the world works that scientists formulate based on their observations. One of the most difficult issues at the intersection of law and science is to determine whether the weight of evidence supports one scientific inference versus other competing interpretations of the observations. In administrative law, this difficulty is exacerbated by the behavior of both the courts and regulatory agencies. Agencies seldom achieve the requisite visibility that explains the analytical methods they use to reach their scientific inferences. Courts—because they appreciate neither the variety of inferential methods nor their epistemic foundations—do not demand this level …
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson
Michigan Journal of Environmental & Administrative Law
The application of the Endangered Species Act to water resources has generated much controversy in the American West. In several western river basins, however, Recovery Implementation Programs (RIPs) provide an alternative, collaborative approach to ESA compliance. These programs offer an enhanced role for states and stakeholders in ESA decisionmaking, and increased certainty that ESA requirements will not disrupt ongoing water project operations and established uses. This Article examines the origins, purposes, and elements of various RIPs, with particular emphasis on these programs’ approach to compliance with the requirements of ESA section 7 for federal agency actions. The Article also considers …
A Negative Externality By Any Other Name: Using Emissions Caps As Models For Constraining Dead-Weight Costs Of Regulation, Scott A. Shepard
A Negative Externality By Any Other Name: Using Emissions Caps As Models For Constraining Dead-Weight Costs Of Regulation, Scott A. Shepard
Scott A. Shepard
Emissions caps work on a simple and compelling premise. Regulated entities, in the process of creating something desirable, like energy, create and expel some problematic by-product, such as carbon. They do this because they particularly reap a significant set of benefits (e.g., profits, market share, job security) from their efforts, while only diffusely and incidentally, along with the rest of society, suffering the harms caused by their emissions. These emissions, paid for primarily by the rest of society, are called negative externalities. Emissions-cap regimes are designed to make regulated entities more directly accountable for the costs of their emissions and …
Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma
Fairer Fishing? The Impact On Developing Countries Of The European Community Regulation On Illegal, Unreported And Unregulated Fisheries, Ben Tsamenyi, Kwame Mfodwo, Ben Milligan, Mary Ann Palma
Professor Ben M Tsamenyi
This Economic Paper considers the likely effects on African, Caribbean and Pacific countries of the European Union's Directive on Illegal, Unreported and Unregulated (IUU) Fishing, planned to be implemented form 2010.
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Impending Ec Regulation On Iuu Fishing Looms Large Over Industry, Jo-Anne Mccrea, Quentin Hanich, Ben Tsamenyi
Professor Ben M Tsamenyi
It is suggested that a new regulation scheduled to be implemented by the European Union at the beginning of 2010 in an effort to combat illegal, unreported and unregulated (IUU) fishing is likely to have a profound impact on fishing and processing operations worldwide. The IUU Regulation regulates seafood imports to all EU member states and imposes specific requirements on any fishing or processing activity that intends to export into an EU member state. The broad application of the regulation, the power of member states in the implementation of the regulation, and the consequences of non-compliance, are discussed.
Report On 'Equivalency' Under The Iuu Regulation 1005/2008, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Report On 'Equivalency' Under The Iuu Regulation 1005/2008, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Professor Ben M Tsamenyi
This report has been prepared for the Department of Agriculture, Fisheries and Forestry (DAFF) to assist in the preparation of a submission to the European Commission regarding the application of its IUU Regulation 1005/2008 to Australia. The draft report provides information to support the Australian position that the current systems are equivalent, in terms of their ability to manage IUU fishing, to those applied under the IUU Regulation.
Discussion Paper: Australia's Ability To Meet The Requirements Of European Commission Regulation No. 1005/2008 'Establishing A Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Discussion Paper: Australia's Ability To Meet The Requirements Of European Commission Regulation No. 1005/2008 'Establishing A Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Jo-Anne Mccrea, Quentin Hanich, Martin Tsamenyi
Professor Ben M Tsamenyi
On 29 September 2008, the European Commission (EC) passed Regulation 1005/2008 ‘establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing’ (the EC IUU Regulation). The Regulation will come into force on 1 January 2010. The Regulation has the following major implications for the Australian seafood export industry: a. All consignments of wild caught fish and fish product (with exceptions) will be prohibited from being imported into European Union Member States, unless a catch certificate accompanies them. The catch certificate must contains the harvest details of the fish (e.g. vessel and master’s name and number, fishing …
Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Development Impact Of The Council Regulation Establishing A European Community System To Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing On Commonwealth Acp Member Countries, Ben Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Professor Ben M Tsamenyi
No abstract provided.
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
The European Council Regulation On Illegal, Unreported And Unregulated Fishing: An International Fisheries Law Perspective, Martin Tsamenyi, Mary Ann Palma, Ben Milligan, Kwame Mfodwo
Professor Ben M Tsamenyi
On 29 September 2008, the Council of the European Union (EU) adopted Council Regulation (EC) No. 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fi shing. Essentially, the EU IUU Regulation establishes a framework in which access to EU markets for fi sheries products is partly conditioned by the extent to which a country, area or region of origin is demonstrably or increasingly free of IUU fi shing. Aside from the amendments to US legislation in 2007, the EU IUU Regulation is the only other domestic legislative measure adopted solely to combat IUU …
Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi
Australia And The Convention For The Regulation Of Antarctic Mineral Resource Activities (Cramra), Sam Blay, Ben M. Tsamenyi
Professor Ben M Tsamenyi
Australia, a leading Antarctic state that played a key role in negotiating the Convention for the Regulation of Antarctic Mineral Resource Activities, in May 1989 announced its opposition to the Convention and adoption instead of a World Park or Wilderness Reserve concept for Antarctica. This article examines possible environmental and economic reasons for Australia's attitude, which is likely to have significant implications for the future of the Convention and for the Antarctic Treaty System as a whole. -Authors
The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott
The Implications Of The Wcpfc For Australia's Maritime Regulation And Enforcement, Ben Tsamenyi, Lara Manarangi-Trott
Professor Ben M Tsamenyi
No abstract provided.
Reguladores Y Autonomía, Alejandro Faya Rodriguez
Reguladores Y Autonomía, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck
Indecency Sells. . . But It Comes At An Unfortunate Price: A Look At Whether Gaming Authorities Can Regulate Advertising, Jonathan Peck
UNLV Gaming Law Journal
No abstract provided.
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson
Washington and Lee Journal of Energy, Climate, and the Environment
Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
Enough About The Constitution: How States Can Regulate Health Insurance Under The Aca, Brendan S. Maher, Radha A. Pathak
Enough About The Constitution: How States Can Regulate Health Insurance Under The Aca, Brendan S. Maher, Radha A. Pathak
Faculty Scholarship
Last term, the United States Supreme Court upheld the constitutionality of the Affordable Care Act in a landmark decision. It is a forceful reminder that America’s oldest question — how power should be shared between federal and state sovereigns — retains powerful political salience. Critics have reflexively attacked the decision as an assault on states’ rights, while supporters have celebrated the result. Regrettably, insufficient attention has been paid to how, in actuality, health care regulatory authority has been and will be divided between federal and state governments. In this Article, we fill that gap. To do so, we apply “federalism-in-fact,” …
“Smut And Nothing But”: The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
“Smut And Nothing But”: The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi
Lili Levi
For almost a century, American broadcasting has received a lesser degree of constitutional protection than the print medium. Although many of the FCC’s regulations in “the public interest” have been upheld against First Amendment challenge on the ground that broadcasting is exceptional, the traditional reasons given for such exceptionalism – scarcity and pervasiveness – have become increasingly careworn. Fighting that consensus, the FCC has aggressively pursued the regulation of indecency on radio and television since 2003. When the FCC’s enhanced indecency prohibitions swept up U2 front-man Bono’s fleeting expletive on a music awards show, broadcasters finally thought they had found …
The Jurisdiction Of The D.C. Circuit, Eric M. Fraser, David K. Kessler, Matthew Lawrence, Stephen A. Calhoun
The Jurisdiction Of The D.C. Circuit, Eric M. Fraser, David K. Kessler, Matthew Lawrence, Stephen A. Calhoun
Matthew B. Lawrence
The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp
The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp
All Faculty Scholarship
The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …
Artículo 129 Fracción Xiii, Alejandro Faya Rodriguez
Artículo 129 Fracción Xiii, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain
Agins V. City Of Tiburon: Open Space Zoning Prevails - Failure To Submit Master Plan Prevents A Cognizable Decrease In Property Value, Jermaine Chastain
Pepperdine Law Review
This casenote examines the Supreme Court's struggle to reconcile its focus on the facial validity of a zoning ordinance with the traditional "taking" approach requiring diligent factual inquiry. While the Agins Court reiterates such an approach, the author notes the Court's departure from important constitutional and precedential considerations. The author offers a possible explanation for the departure, concluding that the Agins decision apparently makes plan submission a prerequisite for acknowledging economic loss and strongly implies a requirement of complete loss of all property value before a compensable taking will be recognized.
Ftc Regulation Of Endorsements In Advertising: In The Consumer's Behalf?, Whitney F. Washburn
Ftc Regulation Of Endorsements In Advertising: In The Consumer's Behalf?, Whitney F. Washburn
Pepperdine Law Review
The Federal Trade Commission, as recently as 1980, has issued Guides designed to prevent deception of consumers due to misleading product endorsement advertising by celebrities and others. The new Guides indicate that the FTC intends to continue its recent trend offending advertisers and even endorsers liable for deceptive endorsement practices. However, a critical analysis of the Guides, in light of marketplace realities and consumer needs, raises serious question as to whether they are likely to promote accurate endorsement advertising. This comment will explore pre-1980 regulations and trace the progression of controls through the advent of the FTC Guides. The Guides …