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Regulation

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Articles 1531 - 1560 of 2188

Full-Text Articles in Law

Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird May 2003

Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird

Federal Communications Law Journal

No abstract provided.


Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere May 2003

Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere

Federal Communications Law Journal

No abstract provided.


Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey May 2003

Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey

Federal Communications Law Journal

No abstract provided.


From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone May 2003

From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone

Federal Communications Law Journal

No abstract provided.


Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts May 2003

Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts

Federal Communications Law Journal

No abstract provided.


Promoting The Public Interest In The Digital Era, Henry Geller May 2003

Promoting The Public Interest In The Digital Era, Henry Geller

Federal Communications Law Journal

No abstract provided.


Forty Years Of Wandering In The Wasteland, Nicholas Johnson May 2003

Forty Years Of Wandering In The Wasteland, Nicholas Johnson

Federal Communications Law Journal

No abstract provided.


Manhattan, Cass R. Sunstein May 2003

Manhattan, Cass R. Sunstein

Federal Communications Law Journal

No abstract provided.


Measuring Quality Television, Russ Taylor May 2003

Measuring Quality Television, Russ Taylor

Federal Communications Law Journal

No abstract provided.


Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin Apr 2003

Regulating Speech Across Borders: Technology Vs. Values, Matthew Fagin

Michigan Telecommunications & Technology Law Review

The disfavored status within international law of unilateral state-based regulations that target extraterritorial actors arises from the inherent challenges such actions represent to state sovereignty. In the context of the Internet, the complexity of choice-of-law analysis is heightened: regulations imposed by one state have the potential to effectively block communications to citizens of all states and undermine the conflicting regulatory aims of neighboring states. Early legal commentators built upon this cascading chilling effect of state-based regulation to proclaim both the futility and illegitimacy of state-based action in the online environment. Subsequent scholars have demonstrated the commensurability of state-based online regulation …


The “Vast Wasteland” In Retrospect, Joel Rosenbloom Apr 2003

The “Vast Wasteland” In Retrospect, Joel Rosenbloom

Federal Communications Law Journal

No abstract provided.


Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, J.B. Ruhl, James Salzman Apr 2003

Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

Part I of this Article describes the phenomenon of regulatory accretion from several perspectives. We start by using the hypothetical professor-turned- monarch to isolate regulatory accretion as an independent variable in the operation of regulatory systems, separate from the three conventional topics of administrative law scholarship--efficiency, clarity, and institutional accountability. To describe regulatory accretion, we then define a range of metrics, showing that over the last fifty years, regulatory growth has been the rule rather than the exception using virtually any measure. We also show why regulatory law theory suggests that we should expect accretion to be the dominant dynamic …


The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon Mar 2003

The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon

Federal Communications Law Journal

The FCC and the computer industry have learned much in the 35 years since the agency first began to regulate computer networks. Safeguards were imposed on common carriers for the benefit of the networks. This Article examines the so-called Computer Inquiries and how they have repeatedly re-examined and redefined the nature of the regulatory treatment of computer networks over communications networks. The Author reviews Computer I, in which the FCC first attempted to divide the world technologically between computers that ran communications networks ("pure communications") and computers at the end of telephone lines with which people interacted ("pure data processing"). …


The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby Mar 2003

The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby

The Scholar: St. Mary's Law Review on Race and Social Justice

Drug direct-to-consumer advertisements manipulates the public through the manufacturer’s marketing practices. The goal of pharmaceutical companies is to create consumer demand for their products, and they achieve this goal by showing advertisements that portray their products as life-enhancing. This leads to an exponential increase in demand for and spending on these pharmaceutical drugs. This increased promotion of direct-to-consumer advertising affects the physician-patient relationship, while drug companies face little, if any, liability. Drug companies expend significant efforts to obtain patents to keep their products competitive on the market, and to prevent customers from switching to an inexpensive generic drug. The author …


Design, Trading, And Innovation, David M. Driesen Jan 2003

Design, Trading, And Innovation, David M. Driesen

College of Law - Faculty Scholarship

This article questions the conventional theory purporting to establish that environmental benefit trading encourages innovation better than comparable traditional regulation. It argues that the induced innovation hypothesis, that high costs encourage innovation, suggests that trading would lessen incentives for innovation by lowering the cost of complying with conventional approaches. The conventional theory relies upon the incentive emissions trading creates for polluters to make additional reductions in order to sell credits. But emissions trading also creates incentives for half of the pollution sources (the credit buyers) to make less reductions than they would under a traditional regulation. By focusing analysis only …


The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (And It Might Just Work), Lawrence A. Cunningham Jan 2003

The Sarbanes-Oxley Yawn: Heavy Rhetoric, Light Reform (And It Might Just Work), Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

A thorough examination of the much ballyhooed Sarbanes-Oxley Act reveals dominantly a federal codification of extant rules, regulations, practices, and norms. Despite advertising it as "the most far-reaching reforms of American business practices since the time of FDR," a soberly apolitical view sees the Act as more sweep than reform. Important are provisions calling for nine studies; redundant but much publicized were the certification requirements imposed during the summer of 2002; other moves are mere patchwork responses to precise transgressions present in the popularized scandals. The Act is far from trivial, however. A silver bullet relates to the structure and …


Harm To The "Fabric Of Society" As A Basis For Regulating Otherwise Harmless Conduct: Notes On A Theme From Ravin V. State, Eric A. Johnson Jan 2003

Harm To The "Fabric Of Society" As A Basis For Regulating Otherwise Harmless Conduct: Notes On A Theme From Ravin V. State, Eric A. Johnson

Seattle University Law Review

This article explores the possibility that harm to the fabric of society provides the best justification for some statutes that prohibit otherwise harmless conduct. This article considers three illustrations: first, the incest statutes, which, even in progressive states like Alaska and New York, prohibit a wide array of basically harmless conduct; second, a Massachusetts statute regulating the use of human silhouettes in target practice; and finally, legislation that would prohibit the medical procedure known as "partial-birth abortion.'" After discussing these illustrations, there is a close analysis of the general argument for the preservation of moral reaction patterns. The ultimate validity …


Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg Jan 2003

Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg

Other Publications

It's a great honor for me to be invited to deliver the Levine Distinguished Lecture at Fordham, and a great opportunity to try out some new ideas before this audience. As some of you know, I've been studying the role of patents in biomedical research and product development ("R&D") for close to twenty years now, with a particular focus on how patents work in "upstream" research in universities and biotechnology companies that are working on research problems that arise prior to "downstream" product development. But, of course, the patent strategies of these institutions are designed around the profits that everyone …


The Least Of The Sentient Beings' And The Question Of Reduction, Refinement, And Replacement, Joseph Vining Jan 2003

The Least Of The Sentient Beings' And The Question Of Reduction, Refinement, And Replacement, Joseph Vining

Other Publications

The subject I was asked to think about with you today is raised by a very large change in the focus of biomedical research. In raw percentage terms, the animals involved in experimentation are now overwhelmingly rats and mice, and, perhaps because they are rats and mice, they are used in large numbers, numbers in thousands and tens of thousands at some institutions. Legal, ethical, and practical accommodation to this fact on the ground presents a host of questions. There are questions of the cost of care. There are questions of the training of veterinarians, principal investigators, and laboratory personnel. …


Assessing Clashes And Interplays Of Regines From A Distributive Perspective: Ip Rights Under The Strengthened Embargo Against Cuba And The Agreement On Trips, Robert Dufresne Jan 2003

Assessing Clashes And Interplays Of Regines From A Distributive Perspective: Ip Rights Under The Strengthened Embargo Against Cuba And The Agreement On Trips, Robert Dufresne

Michigan Journal of International Law

This Article examines the clash of the two regulatory frameworks from the angle of distributive justice. By doing so, I suggest that in addition to the important issues of legitimacy, substantive norms, and hierarchy of legal orders, clashes between potential regulatory frameworks should also be conceptualized in the way in which they allocate goods (here the rights associated with IP) or recognize claims to or interests in such goods. The reasons for being concerned with distributive justice are threefold.


Government To State: Globalization, Regulation, And Governments As Legal Persons, Janet Mclean Jan 2003

Government To State: Globalization, Regulation, And Governments As Legal Persons, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson Jan 2003

Agency Burrowing: Entrenching Policies And Personnel Before A New President Arrives, Nina A. Mendelson

Articles

This Article examines executive branch agency actions concluded just before a new President takes office, such as "midnight" rulemaking and late-term hiring and promotion, which Professor Mendelson collectively refers to as "agency burrowing." Congress, the media, and some commentators have portrayed such activities as unsavory power grabs that undermine the President-elect's ability to direct the functions of administrative agencies. Rather than dismissing agency burrowing out of hand, however, Professor Mendelson argues for a more nuanced approach. In some cases, burrowing can make positive contributions to the democratic responsiveness of agencies, agency accountability, and the "rule of law." A fuller analysis …


Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan Jan 2003

Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan

Articles

My topic in this article is the role of regulatory purpose under Article III of the GATT, and I regard Bob [Hudec] as the patron saint of efforts to establish the relevance of purpose. His famous "Requiem for an 'Aims and Effects' Test" may have been called a requiem, but it was reluctant and sceptical. Bob thought dispute settlement tribunals ought to consider the regulator's purpose, and he thought they would do so, whatever they said. As decisions on Article III accumulate, we are in the process of learning that he was right on both counts.


Regulatory Mismatch In The International Market For Legal Services, Carole Silver Jan 2003

Regulatory Mismatch In The International Market For Legal Services, Carole Silver

Articles by Maurer Faculty

The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, as they educate, train and deploy individuals educated and licensed in the U.S. and abroad. This article examines the ways in which law firms internationalize, and considers the regulatory environment governing crucial interactions between U.S. and foreign-educated lawyers. It builds upon prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the …


Self-Regulation And Securities Markets, Adam C. Pritchard Jan 2003

Self-Regulation And Securities Markets, Adam C. Pritchard

Articles

Enron, Arthur Andersen, Tyco, ImClone, WorldCom, Adelphia - as American investors reel from accounting scandals and self-dealing by corporate insiders, the question of trust in the securities markets has taken on a new urgency. Securities markets cannot operate without trust. Markets known for fraud, insider trading, and manipulation risk a downward spiral as investors depart in search of safer investments. Today, many investors are rethinking the wisdom of entrusting their financial futures to the stock market. Absent trust in the integrity of the securities markets, individuals will hoard their money under the proverbial mattress.


Analyst Conflicts Of Interests: Are The Nasd And Nyse Rules Enough?, Karen Contoudis Jan 2003

Analyst Conflicts Of Interests: Are The Nasd And Nyse Rules Enough?, Karen Contoudis

Fordham Journal of Corporate & Financial Law

No abstract provided.


New York Revises Ethics Rules To Permit Limited Mdps: A Critical Analysis Of The New York Approach, The Future Of The Mdp Debate After Enron, And Recommendations For Other Jurisdictions, John P. Lucci Jan 2003

New York Revises Ethics Rules To Permit Limited Mdps: A Critical Analysis Of The New York Approach, The Future Of The Mdp Debate After Enron, And Recommendations For Other Jurisdictions, John P. Lucci

Fordham Journal of Corporate & Financial Law

No abstract provided.


Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang Jan 2003

Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang

Fordham Journal of Corporate & Financial Law

No abstract provided.


State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar Jan 2003

State Regulation Of Real Estate Settlement Services--Letting Free Enterprise Evolve While Protecting The Public, Joyce Palomar

Other Faculty Publications

No abstract provided.


Like Father, Like Son: A Progeny Of The Antidumping Model For The Shipbuilding Industry, Seung Wha Chang Jan 2003

Like Father, Like Son: A Progeny Of The Antidumping Model For The Shipbuilding Industry, Seung Wha Chang

Michigan Journal of International Law

This Article is organized in the following manner: Part II introduces the OECD Secretariat's proposed pricing mechanisms based on the IPC antidumping model, while Part III provides for a critical evaluation of the proposed pricing mechanisms. First, Part III explains the reasons why the IPC antidumping model does not fit the shipbuilding industry due to the unique characteristic of the shipbuilding market. This Part thereafter demonstrates why the antidumping regime, as well as the proposed pricing mechanism, cannot be justified under the competition policy standards. While criticizing defenses for the current antidumping regime, Part III demonstrates why the proposed pricing …