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Articles 1 - 27 of 27
Full-Text Articles in Law
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers
Michigan Law Review
Until recently, regulation and antitrust law operated in tandem to safeguard competition in regulated industries. In three recent decisions-Trinko, Credit Suisse, and Linkline-the Supreme Court limited the operation of the antitrust laws when regulation "performs the antitrust function." This Note argues that cable programming regulations-which are in some respects factually similar to the telecommunications regulations at issue in Trinko and Linkline-do not perform the antitrust function because they cannot deter anticompetitive conduct. As a result, Trinko and its siblings should not foreclose antitrust claims for damages that arise out of certain cable programming disputes.
Regulating On The Fringe: Reexamining The Link Between Fringe Banking And Financial Distress, Jim Hawkins
Regulating On The Fringe: Reexamining The Link Between Fringe Banking And Financial Distress, Jim Hawkins
Indiana Law Journal
Critics of fringe banking—products like payday loans, pawn loans, and rent-toown leases—frequently argue that these products cause borrowers to experience financial distress. This argument has enormous intuitive appeal: Fringe credit is very costly, and usually the borrowers who use it are already in a serious financial bind. Taking on additional debt and paying high prices for it, the reasoning goes, drive them over the brink. Surprisingly, however, linking financial distress to fringe banking is extremely difficult to do. This Article represents the first attempt to uncover the relationship between fringe banking and financial distress by systematically analyzing the structure of …
Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos
Gtl: Gaming, Territoriality, And The Law — Comparative Approaches To Online Gaming: Lessons For Ontario, Emir Aly Crowne, Anthony Andreopoulos
UNLV Gaming Law Journal
In 2010, the Ontario Lottery and Gaming Corporation (OLG) – the Crown Corporation of the Government of Ontario (Canada) charged with regulating and administering lotteries, casinos, and race tracks in Ontario – announced its plans to launch an online gaming website. This article explores the Province of Ontario’s foray into online gaming, weighing the likely success of that venture against the regulatory approaches taken in jurisdictions like the United Kingdom (U.K.) and United States of America. Some “modest proposals” are also suggested.
Conceptions Of Borrowers And Lenders In The Canadian Payday Loan Regulatory Process: The Evidence From Manitoba And Nova Scotia, Freya Kodar
Dalhousie Law Journal
Commentators characterize thinking aboutpaydayloans as falling into two general perspectives. In one theory payday loans respond to market demand and are a sensible choice for a consumer with limited assets, credit, or other support when an unexpected financial need arises. The opposing theory holds that the loans are usurious and exploit vulnerable low-income borrowers. In 2007, amendments were passed exempting payday loans from the application of the criminal interest rate provisions of the Criminal Code if they were made by companies licensed by a province with a regulatory scheme. The author examines how federal and provincial lawmakers and administrative decision-makers …
Dodd-Frank Sampler: How Congress Codified An Article 1 Financial Takeover, Anthony Hearn
Dodd-Frank Sampler: How Congress Codified An Article 1 Financial Takeover, Anthony Hearn
University of Miami Business Law Review
No abstract provided.
A United Nations Instrument To Regulate And Monitor Private Military And Security Contractors, José L. Gómez Del Prado
A United Nations Instrument To Regulate And Monitor Private Military And Security Contractors, José L. Gómez Del Prado
Notre Dame Journal of International & Comparative Law
Member States of the United Nations (U.N.) are responsible for taking appropriate measures to prevent, investigate, punish, and provide effective remedies for relevant misconduct of private military and security companies (PMSCs) and their personnel; their responsibilities fully remain, even if States have chosen to contract out certain security functions. The widespread outsourcing of military and security functions to private companies in situations of low-intensity conflicts, international relief, and contingency operations has been a major phenomenon in the past twenty years. The grave human rights violations in which they have been involved in Iraq and Afghanistan have been the focus of …
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens
University of Richmond Law Review
The purpose of this article is first to navigate through variousperspectives on government regulation in an effort to develop areasonable and consistent view for regulatory proposals. Parts II and III of this article provide a brief outline of our current regulatory environment and its evolution. Part IV presents arguments for an efficient regulation of business by using market based regulation with a separation of efficiency and equity issues, where feasible. Examples of this regulatory approach appear throughout the article along with suggested reforms.
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen
University of Richmond Law Review
No abstract provided.
Investigating 40 C.F.R. Sec. 124.55(B): State-Court Review Of Npdes Permit Certifications, Tad Macfarlan
Investigating 40 C.F.R. Sec. 124.55(B): State-Court Review Of Npdes Permit Certifications, Tad Macfarlan
University of Michigan Journal of Law Reform
This Note investigates the wisdom and validity of 40 CER. § 124.55(b), a Clean Water Act regulation promulgated by the U.S. Environmental Protection Agency (EPA) as part of the National Pollution Discharge Elimination System (NPDES) permitting program. The Clean Water Act provides affected states with an opportunity to certify federally administered NDES permits before issuance by EPA. State certification is a meaningful moment in water quality regulation, and judicial review of these critical decisions takes place in state courts. Unfortunately, 40 C.ER. § 124.55(b), designed to bring certainty and finality to permit-holders, effectively removes state courts from the process of …
Some Women's Work: Domestic Work, Class, Race, Heteropatriarchy, And The Limits Of Legal Reform, Terri Nilliasca
Some Women's Work: Domestic Work, Class, Race, Heteropatriarchy, And The Limits Of Legal Reform, Terri Nilliasca
Michigan Journal of Race and Law
This Note employs Critical Race, feminist, Marxist, and queer theory to analyze the underlying reasons for the exclusion of domestic workers from legal and regulatory systems. The Note begins with a discussion of the role of legal and regulatory systems in upholding and replicating White supremacy within the employer and domestic worker relationship. The Note then goes on to argue that the White, feminist movement's emphasis on access to wage labor further subjugated Black and immigrant domestic workers. Finally, I end with an in-depth legal analysis of New York's Domestic Worker Bill of Rights, the nation's first state law to …
Charting The Boundaries Of Labour Law: Innis Christie And The Search For An Integrated Law Of Labour Market Regulations, Harry Arthurs
Charting The Boundaries Of Labour Law: Innis Christie And The Search For An Integrated Law Of Labour Market Regulations, Harry Arthurs
Dalhousie Law Journal
What an honour it is to deliver the first Innis Christie lecture in labour and employment law. My career and Innis' developed in parallel. Our very first publications dealt with tort liability for strikes; our early research dealt with collective labour law; we worked together on a labour law casebook; we both shuffled sideways from labour law into administrative law and lurched from there into legal ethics; we both became labour mediators and arbitrators and then-a logical progression-deans of law. Finally, we both worked on government policy studies, starting with the Woods Task Force in the mid-1960s, though Innis became …
Just A Little Bit Of History Repeating: The California Model Of Marijuana Legalization And How It Might Affect Racial And Ethnic Minorities, Thomas J. Moran
Just A Little Bit Of History Repeating: The California Model Of Marijuana Legalization And How It Might Affect Racial And Ethnic Minorities, Thomas J. Moran
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Ifit's Reusable Why Not Reuse It? The Reuse Of Single Use Medical Devices, Brian Wilson
Ifit's Reusable Why Not Reuse It? The Reuse Of Single Use Medical Devices, Brian Wilson
Dalhousie Law Journal
The reprocessing and subsequent reuse of medical devices labelled by the manufacturer as 'single-use only' is a cost cutting strategy employed by many healthcare centres. However, attempting to extend the life of a device labelled as 'single-use only' raises a number of unique concerns surrounding the issue of legal liability specifically who should bear responsibility if someone suffers harm as a result of a reprocessed single-use device. Following an overview of the current regulatory environment, the potential tortious liability attaching to those who may be implicated in the reprocessing chain is discussed. Specifically, this paper examines the duty and standard …
Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo
Rough Consensus And Running Code: Integrating Engineering Principles Into Internet Policy Debates, Christopher S. Yoo
Federal Communications Law Journal
Symposium: Rough Consensus and Running Code: Integrating Engineering Principles into Internet Policy Debates, held at the University of Pennsylvania's Center for Technology Innovation and Competition on May 6-7, 2010.
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
University of Michigan Journal of Law Reform
The failure of regulatory systems over the past two decades to lessen the environment degradation associated with modern human economic output has begun to undermine the legitimacy of environmental lawmaking in the United States and around the world. Recent scholarship suggests that reversal of this trend will require a breach of the environmental administrative apparatus by democratization of a particular kind, namely the inclusion of greater public discourse within the context of regulatory decision-making. This Article examines this claim through the lens of modern legal positivism. Legal positivism provides the tools necessary to test for and identify the specfic structural …
The Journalism Ratings Board: An Incentive-Based Approach To Cable News Accountability, Andrew Selbst
The Journalism Ratings Board: An Incentive-Based Approach To Cable News Accountability, Andrew Selbst
University of Michigan Journal of Law Reform
The American establishment media is in crisis. With newsmakers primarily driven by profit, sensationalism and partisanship shape news coverage at the expense of information necessary for effective self-government. Focused on cable news in particular this Note proposes a Journalism Ratings Board to periodically rate news programs based on principles of good journalism. The Board will publish periodic reports and display the news programs' ratings during the programs themselves, similar to parental guidelines for entertainment programs. In a political and legal climate hostile to command-and-control regulation, such an incentive-based approach will help cable news fulfill the democratic function of the press.
The Texas Wind Estate: Wind As A Natural Resource And A Severable Property Interest, Alan J. Alexander
The Texas Wind Estate: Wind As A Natural Resource And A Severable Property Interest, Alan J. Alexander
University of Michigan Journal of Law Reform
In 2011, Texas is again at the forefront of an energy boom: the wind energy boom. In 2006, Texas surpassed California and became the US. state with the most installed capacity to produce wind energy, and Texas' level of installed capacity has continued to grow. But the law has not kept pace with this growth. Similar to the initial growth of the oil and gas industry in Texas, the wind energy industry was also born, and continues to grow, in the absence of clear legal and regulatory standards. Lack of regulation in the early development of the oil industry contributed …
Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation, William H. Ellerbe
Toward Legitimacy Through Collaborative Governance: An Analysis Of The Effect Of South Carolina's Office Of Regulatory Staff On Public Utility Regulation, William H. Ellerbe
Michigan Telecommunications & Technology Law Review
In 2004 the South Carolina General Assembly instituted a major reform to its system of public utility regulation. Previously, the Public Service Commission, the administrative agency in charge of regulating public utilities, both adjudicated utility proceedings and, through its staff,a advocated for the public interest. A scandal concerning revelations of extensive ex parte communications between regulated utilities and members of the Public Service Commission led to the 2004 reform, which created the Office of Regulatory Staff (ORS) as a separate agency to perform the Commission's advocative functions. In my research, I use data on fuel factor proceedings before and after …
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren
Does Law Matter Online - Empirical Evidence On Privacy Law Compliance, Michael Birnhack, Niva Elkin-Koren
Michigan Telecommunications & Technology Law Review
Does law matter in the information environment? What can we learn from the experience of applying a particular legal regime to the online environment? Informational privacy (or to use the European term, data protection) provides an excellent illustration of the challenges faced by regulators who seek to secure user rights and shape online behavior. A comprehensive study of Israeli website compliance with information privacy regulation in 2003 and 2006 provides insights for understanding these challenges. The study examined the information privacy practices of 1360 active websites, determining the extent to which these sites comply with applicable legal requirements related to …
Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era, J. Brad Reich, Dawn Swink
Outsourcing Human Reproduction: Embryos & Surrogacy Services In The Cyberprocreation Era, J. Brad Reich, Dawn Swink
Journal of Health Care Law and Policy
No abstract provided.
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Making Health Markets Work Better Through Targeted Doses Of Competition, Regulation, And Collaboration, Len M. Nichols
Saint Louis University Journal of Health Law & Policy
No abstract provided.
Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love
Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love
Saint Louis University Public Law Review
This Article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. It proposes a set of reforms that would limit the disruptive effect of these so-called “collateral consequences” on the guilty plea process and make a defense lawyer’s job easier. Part I describes a case currently pending in the Pennsylvania Supreme Court that may yield some important clues about how broadly the Padilla doctrine will be applied to status-generated consequences other than …
Federal Regulation And The Problem Of Adjudication, Marcia L. Mccormick
Federal Regulation And The Problem Of Adjudication, Marcia L. Mccormick
Saint Louis University Law Journal
After decades of deregulation, the United States seems to be entering a period of re-regulation, regulation to prevent harm that many activities might cause and also to create positive external benefits that those activities could yield, but might not without incentives. Most regulatory programs in the United States provide a blend of measures designed to create these positive external benefits, promote good practices in the industry, prevent harms, and provide those harmed with remedies. At a time in which we contemplate new ways to regulate to deal with the crises of the day and prevent the crises of tomorrow, this …
From The Big Apple To Big Ben: An Insight Into Menu Labeling, Liza M. Escapa Lima
From The Big Apple To Big Ben: An Insight Into Menu Labeling, Liza M. Escapa Lima
ILSA Journal of International & Comparative Law
Imagine looking around and recognizing that you are much heavier than your fellow peers.
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
The Aca, The Large Group Market, And Content Regulation: What’S A State To Do?, Amy B. Monahan
Saint Louis University Journal of Health Law & Policy
No abstract provided.
The Case For Rebalancing Antitrust And Regulation, Howard A. Shelanski
The Case For Rebalancing Antitrust And Regulation, Howard A. Shelanski
Michigan Law Review
The continued growth of forensic DNA databases has brought about greater interest in a search method known as "familial" or "kinship" matching. Whereas a typical database search seeks the source of a crime-scene stain by making an exact match between a known person and the DNA sample, familial searching instead looks for partial matches in order to find potential relatives of the source. The use of a familial DNA search to identify the alleged "Grim Sleeper" killer in California brought national attention to the method, which has many proponents. In contrast, this Article argues against the practice of familial searching …
The Real World Roadless Rules Challenges, Kyle J. Aarons
The Real World Roadless Rules Challenges, Kyle J. Aarons
Michigan Law Review
The legal status of America's 58.5 million acres of Inventoried Roadless Areas has been unsettled for nearly a decade. These wild areas were given strict protection in the final days of the Clinton Administration, but President Clinton's Roadless Rule was suspended and later overturned by the Bush Administration when it promulgated its State Petitions Rule. Both rules were challenged in various courts, with conflicting results. As it stands, the United States Forest Service is simultaneously compelled to follow the Roadless Rule by the Ninth Circuit and barred from following the rule by the Tenth. This Note argues that both rules …