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Full-Text Articles in Law

Regulatory Abdication In Practice, Cary Coglianese Feb 2020

Regulatory Abdication In Practice, Cary Coglianese

All Faculty Scholarship

“Meta-regulation” refers to deliberate efforts to induce private firms to create their own internal regulations—a regulatory strategy sometimes referred to as “management-based regulation” or even “regulation of self-regulation.” Meta-regulation is often presented as a flexible alternative to traditional “command-and-control” regulation. But does meta-regulation actually work? In her recent book, Meta-Regulation in Practice: Beyond Normative Views of Morality and Rationality, Fiona Simon purports to offer a critique of meta-regulation based on an extended case study of the often-feckless process of electricity regulatory reform undertaken in Australia in the early part of this century. Yet neither Simon’s case study nor her book …


Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora Jun 2016

Slides: Water Allocation And Water Markets In Spain, Nuria Hernández-Mora

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Nuria Hernández Mora, Universidad de Sevilla, Spain

22 slides


La Interseccion De La Responsabilidad Extracontractual Y El Derecho Constitucional Y Los Derechos Humanos, George C. Christie Jan 2013

La Interseccion De La Responsabilidad Extracontractual Y El Derecho Constitucional Y Los Derechos Humanos, George C. Christie

Faculty Scholarship

No abstract provided.


Freedom Of Expression And Its Competitors, George C. Christie Jan 2012

Freedom Of Expression And Its Competitors, George C. Christie

Faculty Scholarship

The recognition of an increasing number of basic human rights, such as in the European Convention on Human Rights, has had the paradoxical effect of requiring courts in the common-law world to consider whether the extensive protection given by the common law to expression that was not false or misleading must be modified to accommodate these newly recognized basic rights. The most important of these newly recognized rights is the right of privacy, although expression has other competitors as well, such as what might be called a right to be spared the emotional trauma caused by abusive language. This article …


Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan Oct 2011

Commercial High Technology Innovations Face Uncertain Future Amid Emerging "Brics" Compulsory Licensing And It Interoperability Frameworks, Lawrence A. Kogan

San Diego International Law Journal

The pathways that lead to the success of cutting-edge technologies are often fraught with risk, difficulty, and uncertainty. These issues are particularly prevalent under a regime involving lengthy time horizons for competent research, development, and commercialization, which may require regulatory approvals. These challenges are known to be endemic to capital-intensive technology development which requires significant follow-on funding, particularly in highly regulated industries such as life sciences (e.g., pharmaceuticals/biotechnology and electronic medical devices ) and clean technology (which may be subdivided into clean or renewable energy generation and clean or renewable energy efficiency technologies and services, the former having more direct …


Transparency And Public Participation In Investor-State Arbitration, Daniel Barstow Magraw, Niranjali Manel Amerasinghe Jan 2009

Transparency And Public Participation In Investor-State Arbitration, Daniel Barstow Magraw, Niranjali Manel Amerasinghe

ILSA Journal of International & Comparative Law

The roles of transparency and public participation have become important issues in investor-state arbitrations.


From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches Jan 1993

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.