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Articles 1 - 4 of 4
Full-Text Articles in Law
De Facto Amendment Of A Faa Regulation By Non-Regulatory Interpretation: Unintended Consequences Of Faa Suggestions On How To Comply With The Flight Review Requirement, Michael L. Shakman
De Facto Amendment Of A Faa Regulation By Non-Regulatory Interpretation: Unintended Consequences Of Faa Suggestions On How To Comply With The Flight Review Requirement, Michael L. Shakman
Journal of Air Law and Commerce
No abstract provided.
Sharing The Skies: The Legal State Of “Flight-Sharing” After Flytenow And Current Regulatory Issues With Lyfting The Sharing Economy Off The Ground, Alexander P. Cohen
Sharing The Skies: The Legal State Of “Flight-Sharing” After Flytenow And Current Regulatory Issues With Lyfting The Sharing Economy Off The Ground, Alexander P. Cohen
Journal of Air Law and Commerce
No abstract provided.
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda D. Jellum, Moses M. Tincher
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda D. Jellum, Moses M. Tincher
SMU Law Review
Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC’s enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, litigants contended that the SEC realized a significant home-court advantage. For example, the Wall Street Journal …
Policymaking By Proposal: How Agencies Are Transforming Industry Investment Long Before Rules Can Be Tested In Court, James W. Coleman
Policymaking By Proposal: How Agencies Are Transforming Industry Investment Long Before Rules Can Be Tested In Court, James W. Coleman
Faculty Journal Articles and Book Chapters
The conventional wisdom is that an executive agency’s scope of action and power depends on how easy it is to reverse agency decisions in court. If non-deferential judges provide industry with prompt review of agency decisions, the agency’s power is limited. And if courts are unlikely to second-guess the agency’s interpretations, then private actors have little choice but to comply. But in recent years, agencies have begun to rely on a new weapon in this struggle with courts and industry — the power of proposed rules to achieve regulatory outcomes. When regulations will affect long-term capital investments, companies must set …