Law Commons^™

The Limits Of Administrative Guidance In The Interpretation Of Tax Treaties, Michael Kirsch

Michael Kirsch

This Article addresses the increasingly important role of administrative guidance in interpreting the United States' international treaty obligations. The relationship between administrative guidance and treaties raises important issues at the intersection of international law, constitutional law, and administrative law. These issues are explored in the context of the United States' extensive tax treaty network. Tax treaties play an important role in a global economy, attempting to reconcile the complex and ever-changing internal tax laws of different countries. The Treasury Department is considering the increased use of administrative guidance to interpret the meaning and application of tax treaties, particularly in response …

Financial Inclusion In Peru: Lessons From Kenya's Regulatory Approach On E-Money, David E. Rodrigues Gonçalves

University of Miami International and Comparative Law Review

No abstract provided.

15th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2013, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Social Implications Of Wearable Computing And Augmediated Reality In Every Day Life (Ieee Symposium On Technology And Society, Istas13), Katina Michael

Associate Professor Katina Michael

It was in July 2012 that Steve Mann and I corresponded on the possibility of hosting a conference on wearable computing in Toronto, Canada. Steve had just returned home from a family holiday to France and publicly blogged about an unfortunate incident that had happened to him while away. On 17th July 2012 he posted: “Physical assault by McDonald’s for wearing Digital Eye Glass”. We both knew the timing was right for such an event that was not just a technical engineering or applied orientation on the theme of smart worlds, but an event that would grapple with the dichotomies …

Getting The Balance Right Between Information Security And Privacy Rights, Katina Michael

Associate Professor Katina Michael

- Laws, regulations, industry guidelines, and codes for new technologies and their use - The balance between encouraging innovation and future proofing technology-related policy - The difference between the existence of legislation and the enforcement of that legislation - Citizen responses to the fear of policing and security controls

Pesticide Regulation Differences Of The U.S., Chile, And Mexico On Imported Berries, Kayla Felicia Gardener

Agribusiness

Growing consumer demand for knowledge in the area of food safety and producer accountability on what is applied to fresh produce is resulting in a greater need for transparency in the industry. Additionally, the demand for safe, fresh produce year round has led to extensive international trade and consumers to wonder if imported produce is of the same quality of that in produced in the U.S. The study analyzes the differences and similarities between pesticide application tolerance standards, and labels for applied use on berries produced in the U.S., Mexico, and Chile. This is done by reviewing tolerance information and …

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia Salkin

Patricia E. Salkin

Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to …

Recent Ferc Efforts To Remedy Inadequate Transmission Capacity And The Implications For The Development Of Wind Power, Brian M. Bowman

LSU Journal of Energy Law and Resources

No abstract provided.

Data Wars: How Superseding Forsham V. Harris Impacts The Federal Grant Award Process, Elizabeth Adelman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Hearing On Regulating The Regulators - Reducing Burdens On Small Business, Rena I. Steinzor

Rena I. Steinzor

No abstract provided.

Hearing On Regulating The Regulators - Reducing Burdens On Small Business, Rena I. Steinzor

Congressional Testimony

No abstract provided.

Deciding Who Decides: Searching For A Deference Standard When Agencies Preempt State Law, John R. Ablan

John R Ablan

When a federal agency determines that the statute that it administers or regulations it has promulgated preempt state law, how much deference must a federal court give to that determination? In Wyeth v. Levine, the Supreme Court expressly declined to decide what standard of deference courts should apply when an agency makes a preemption determination pursuant to a specific congressional delegation to do so. Under this circumstance, this Article counsels against applying any single deference standard to an agency’s entire determination. Instead, it observes that preemption determinations are a complex inquiry involving questions of federal law, state law, and …

California Adopts The Unproven Federal Minority View Of Entrapment , Steven D. Campen

Pepperdine Law Review

No abstract provided.

Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss

Pepperdine Law Review

The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to …

Police Shootings - Administrative Law As A Method Of Control Over Police: Peterson V. City Of Long Beach, James Wright

Pepperdine Law Review

Professor Kenneth Davis has long advocated that police manuals should be viewed as interpretative administrative rules, which would guide police in their daily activities. He argued that police departments should not fear adopting interpretative rules because such rules would not be binding; therefore, the department would not be subject to tort liability if an officer violated such a rule. In Peterson v. City of Long Beach, a police officer violated the police manual when he shot and killed a non-violent fleeing suspect. The California Supreme Court, in an opinion by Justice Frank Newman, cited Professor Davis and his call for …

International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson

Michael Anderson

Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.

This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …

Ruckleshaus V. Sierra Club: Muddying The Waters Of Fee-Shifting In Federal Environmental Litigation , Jeanne A. Taylor

Pepperdine Law Review

In numerous federal environmental statutes, Congress gave plaintiffs the right to recover attorneys' fees when the court finds them "appropriate." In Ruckleshaus v. Sierra Club, the United States Supreme Court held that it was only "appropriate" to grant attorneys' fees when the plaintiff had at least partially prevailed on the merits. The decision ignored both the important role environmental groups play in the interpretation and development of regulatory programs through litigation and the ability of the lower courts to determine when attorneys' fees were "appropriate." The Court, instead, focused on the adversarial nature of such groups and the traditional American …

Nonbank Banks: A Legitimate Financial Intermediary Emerges From The Bank Holding Company Act Loophole, John Erwin Trytek

Pepperdine Law Review

Nonbank banks represent the financial institutions' recent attempt to avoid the regulations of the Bank Holding Company Act. The evolution of the nonbank bank illustrates the vitality of financial markets and technological change. While banking regulatory statutes have remained static, the dynamics of technology and electronic banking have allowed financial institutions to transcend the state's traditional borders. When static federal regulations began to choke profits, financial institutions sought alternatives to traditional banking. The financial institutions stretched the fabric of banking regulations to their extreme, and the nonbank bank emerged through a loophole in the Bank Holding Company Act. This article …

A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull

Student Competition Writings

The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …

Is The Customer Always Right? Department Of Health And Human Services’ Proposed Regulations Allow Institutional Review Boards To Place Customer Service Ahead Of The Welfare Of Research Participants, Colleen O'Hare Zern

Saint Louis University Public Law Review

No abstract provided.

Eyes In The Sky: Constitutional And Regulatory Approaches To Domestic Drone Deployment, Hillary B. Farber

Faculty Publications

This article begins with a current look at the deployment of drones domestically, both in terms of their use and the procedure for attaining approval for flight. Part II examines the capabilities of drones. Part III considers the Supreme Court's current Fourth Amendment jurisprudence and its application to law enforcement's use of drones. Part IV reviews existing and proposed federal and state regulation of drones. Part V offers constitutional and legislative prescriptions for regulating drones.

Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Articles

No abstract provided.

A Most Grievous Display Of Behavior: Self-Decimation In Indian Country, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria, Jr., the greatest indigenous philosopher of his day, wrote Custer Died for Your Sins: An Indian Manifesto in 1969. It was a spirited polemic that both galvanized and inspired Native peoples at home and abroad. Simultaneously, the book's powerful and trenchant words sent shock waves through non-Indian society. Deloria articulated a resurgent indigenous-centered understanding of sovereignty that had largely been suppressed by federal policy and law for nearly a century. Why did he emphasize the word "sovereignty"? Because he knew that Native nations needed to employ such concepts since they were familiar to both federal and state …

The Soda Ban Or The Portion Cap Rule? Litigation Over The Size Of Sugary Drink Containers As An Exercise In Framing, Rodger D. Citron, Paige Bartholomew

Scholarly Works

The authors discuss the litigation over New York City’s “Portion Cap Rule,” which restricts the size of sugary drink containers. The authors provide a history of the rule, from its promulgation by the Board of Health to the Appellate Division’s decision invalidating the rule. The authors also comment on the dispute between the parties over how to frame the rule. Opponents of the rule characterize the measure as an unwarranted and unprecedented incursion of consumer choice and personal freedom. Proponents of the rule, including the City, view the rule as a modest measure intended to address obesity, a significant—even alarming—public …