Law Commons^™

A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino

Pace Environmental Law Review

Climate change will lead to an increase in violent crime. More rapes and violent felonies occur during the warm summer months than in cooler temperatures. As climate change progresses, there will be longer summers, higher temperatures, and thus, more violent crime. This Note examines whether American sanctions of environmental crimes that contribute to climate change should become more stringent given what we now know about the violent consequences of climate change. Part II of this Note describes the history and scientific evidence which proves that rising temperatures increase the rate of violent crimes. Part III reviews current regulations that deal …

The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier

Pace Environmental Law Review

The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes in the agricultural …

Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl

Pace Environmental Law Review

Federal agencies currently use a methodology that finds negligible benefits of protecting critical habitat for endangered species, despite the prime real estate that is often involved. The Endangered Species Act already calls for economic analysis, but agencies currently treat it as a meaningless hoop to jump through. Agencies justify this hollow exercise by pointing to the difficulty in quantifying the increment of added protection that comes with critical habitat designation. However, the increment of added protection for critical habitat can be measured using methods already employed by agencies in other environmental analyses. Although the central benefits of critical habitat are …

President Trump’S Unilateral Attempt To Cease All Implementation Of The Paris Agreement And To Withdraw From It: Constitutional?, Phillip M. Kannan

Pace Environmental Law Review

In his announcement, President Trump stated that he would comply with the withdrawal provision in the Paris Agreement. This Essay argues that, while compliance with that process may satisfy the treaty obligation, it probably does not conform to U.S. constitutional standards, and therefore, would not be binding on the United States. The argument demonstrating the failure of the President to satisfy constitutional standards proceeds as follows. Part I develops the context in which the Paris Agreement arose. Part II briefly summarizes the Paris Agreement. In Part III, I argue that President Trump’s attempt to cease implementation of the Paris Agreement …

Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett

Pace Environmental Law Review

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold

Pace Environmental Law Review

The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not be …

Strategic Jubilee Et Al., Order On Pending Motions, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Debate On Carried Interest, Jeffrey H. Kahn, Calvin H. Johnson, Douglas A. Kahn

Scholarly Publications

No abstract provided.

Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright

Presentations

This session will focus on authors' rights and publishing contracts. When academic publishers agree to publish academic works, they require the authors to sign agreements before doing so. In the past, these “agreements” – contracts, by another name – often have contained provisions that primarily benefit the publishers, including assigning intellectual property rights in the works to the publishers and limiting authors’ abilities to use their works after transferring their rights. Faculty authors often ask librarians for their guidance on how to read and negotiate publication agreements. As such, this session will discuss common provisions found in publishing contracts to …

Three Rwu Law Graduates Nominated For State Judgeships, Roger Williams University

Featured News Story

The Roger Williams University School of Law on Monday applauded Gov. Gina M. Raimondo’s nomination of new state judges, including three RWU Law graduates.

December 10, 2018: The Democrats’ God Problem, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Democrats’ God Problem“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Attention Market. The Concept And Challenges In A Merger Assessment, Krzysztof Kanton, Jarosław Łukawski, Szymon Murek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article focuses on the issue of ‘attention’ paid by consumers to internet and mobile apps content, which from the economic perspective is a resource that falls short. The authors analyze attention as a commodity and present the characteristics of the markets on which it is traded. The publication indicates the challenges faced by competition authorities in assessing concentrations between entities active on the attention market – the so-called attention brokers. In the latter part of the article, the authors analyze the methodology used by competition authorities to assess concentrations between the biggest modern attention brokers. Conclusions and postulates regarding …

Favouring One’S Own Products Or Services By Vertically Integrated Online Platforms As A Discriminatory Abuse Of A Dominant Position, Artur Szmigielski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The practice of favouring one’s own vertically integrated services by a dominant online platform can be assessed as an independent practice of discrimination (prohibited under Article 102 paragraph 2 point c TFEU). This does not mean, however, that a dominant undertaking has an absolute obligation to treat products or services of its trading partners equally to its own offer. Such practices should be considered abusive if they create unfavourable conditions of competition and have significant anti-competitive effects. What is prohibited by a discriminatory practice does not refer to the fact of favouring one’s own services, but to a situation where …

The Prohibition Of The Use Of Trademarks In Online Advertising And The Prohibition Of Cooperation With Price Comparison Websites As A Restriction Of Competition In The Context Of The Bundesgerichtshof Ruling Of 12 December 2017, Bartosz Targański

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The case is part of a series of recent cases where EU competition authorities considered the acceptable scope of restricting online retail sales by producers. According to the decision of the Bundeskartellamt of 26 August 2015, and subsequent rulings of German courts, an absolute ban on the use of trademarks in online advertising and the prohibition of cooperation with price comparison websites imposed on distributors by the producer is a per se violation of Article 101(1) TFEU and cannot benefit from a block or an individual exemption. The decision is based on the statement of violation of the principle of …

Why Would Anyone Need My Data? An Analysis Of The Opinion Of The French Competition Authority On The Use Of Data In Online Advertising, Natalia Hartung

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article discusses the Opinion of the French Competition Authority on the use of data in online advertising. The first part of the article describes the functioning of the market of online advertising, including programmatic advertising, the importance of data and internet users, as well as the position of key market participants, namely Google and Facebook. The second part discusses the preliminary competition law analysis of the online advertising market. The Authority considered the following relevant markets: services for internet users, social network advertising, Display advertising, Search advertising, intermediation services and data analysis services. The French Competition Authority then described …

Non-Compete Clauses As A Barrier To The Development Of Alternative Taxi Reservation Channels In The Light Of The Decision Of The Autorità Garante Della Concorrenza E Del Mercato Of 27 June 2018 (Case I801b, Taxi – Milano), Grzegorz Materna

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses a decision taken by the Italian Competition Authority that concerns vertical relations between taxi corporations and taxi drivers in Milan. According to the Authority’s decision, non-compete clauses for taxi drivers may have a foreclosing effect for entrants that use new technologies, and thereby create an alternative to incumbent radio taxi corporations. However, the Authority’s classification of the non-compete clauses resulted from the economic and market context in which they were used, and above all, from the fact that these non-compete clauses were used by taxi corporations that included almost all taxi drivers operating in Milan. In other …

Report On The Seminar ‘Current Challenges Of The Digital Economy In The Area Of Combating Anticompetitive Agreements’ Warszawa, 12.04.2018, Urszula Czarnomska-Bokowy, Paulina Komorowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Report On The Seminar ‘Monopoly And Its Exploitation In The Digital Economy – What Is The Role Of Competition Law?’, Warszawa, 02.10.2018 R., Szymon Murek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Cars Scientific Award 2018 (Antitrust). The Big Owl For Professor Rajmund Molski, Tadeusz Skoczny

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Big Owl for Professor Rajmund Molski.

Will Competition Law Solve The Vendor Lock-In Problem In The B2b Software Sector?, Piotr Semeniuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Competition law is increasingly being used (so far, mainly in the US) in order to prevent the vendor lock-in problem in the B2B software sector. International academia also calls for increased activities of competition authorities in addressing vendor lock-in problems. Some business practices and contractual clauses applied by vendors in their Polish IT contracts could also be classified as an anticompetitive practice (e.g. exclusivities, tying, bundling, loyalty rebates, refusals to grant a license or to grant access to information on interoperability). Competition law in the world of IT contracts can supply buyers or competitors with arguments to challenge some of …

Technological Challenges For Anthropocentric Competition Law: The Case Of Algorithmic Pricing In The E-Commerce Sector, Marcin Mleczko

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The author presents the problem of algorithmic price fixing in the context of the prohibition of anti-competitive agreements. Firstly, the basic concepts related to this subject are explained. Presented next are various types of algorithmic collusion. The core of the article contains an analysis of different ways of using algorithms based on existing case-law.

Do Androids Dream Of Price Fixing? Pricing Algorithms, Artificial Intelligence, And Competition Law., Michał Konrad Derdak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article outlines the issue of undertakings’ liability for actions taken with the use (or participation) of artificial intelligence, which are in breach of the prohibition to enter into anticompetitive arrangements. Its particular focus is on the currently most important issue in this context, taking into account the experiences so far, namely the issue of using (dynamic) pricing algorithms.

Merger Control In The Big Data Era – On The New Jurisdictional Threshold Based On The Transaction Value Criterion In The Context Of The European Commission’S Decision-Making Practice And The Amendments To Austrian And German Antitrust Laws, Laura Skopowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

During a recent consultation of the European Commission on the assessment of the procedural and jurisdictional aspects of EU merger control, the Commission expressed significant doubts regarding its notification system based solely on a turnover criterion, which can create significant enforcement gaps while assessing acquisitions taking place in the digital and pharmaceutical markets. In the Big Data era, when databases are of increasing market importance, current jurisdictional thresholds may not be a sufficient tool to detect anticompetitive acquisitions on the digital market. This scientific article assesses whether the introduction of new criteria is justified. The article also includes an analysis …

Rpm In E-Commerce – La Nouvelle Vague Or Nihil Novi? Review Of The Decisional Practice Of Competition Authorities, Anna Laszczyk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of this paper is to analyse selected decisional practice of the European Commission and national competition authorities concerning RPM agreements in the e-commerce sector. This research is motivated by the recent e-commerce sector inquiry conducted by the European Commission. Conclusions from this inquiry suggest that suppliers frequently influence the pricing policy of their retailers to the detriment of competition and final consumers. This paper describes first the characteristics of e-commerce and considers features, which may be potentially relevant from the competition law perspective, differentiating it from brick-and-mortar distribution. It is a defendable view that RPM in e-commerce does …

Violation Of Data Protection Law As An Abuse Of A Dominant Position? The Bundeskartellamt’S Proceedings Against Facebook, Iga Małobęcka-Szwast

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article attempts to assess the main assumptions of the proceedings initiated in March 2016 by the Bundeskartellamt, the German competition authority, against Facebook, and thus answer the question whether an infringement of data protection law may constitute an abuse of a dominant position under EU competition law. In the wider perspective, the proceedings conducted by the Bundeskartellamt also raise important questions regarding the relationship between competition law and data protection law, including data protection issues in competition law, as well as the competences of antitrust authorities to assess breaches of data protection law.

Report On The Xiii Antitrust Conference ‘Antitrust Between Eu Law And National Law’, Treviso (Italy), 24–25.05.2018, Grzegorz Materna

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

New Technologies, Big Data And The Digital Economy: Current Challenges For Competition Law (From The Volume Editor), Grzegorz Materna

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the Volume Editor.

In Memoriam Of Professor Irena Wiszniewska-Białecka, Anna Fornalczyk, Stanisław Gronowski, Tadeusz Skoczny, Stanisław Sołtysiński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

On May 23, 2018, Prof. Dr. Irena Wiszniewska-Białecka passed away - at the age of 71.