Law Commons^™

Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland

Seattle University Law Review

Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools that data protection and privacy …

Nano-Sunscreens - A Double-Edged Sword In Protecting Consumers From Harm: Viewing Australian Regulatory Policies Through The Lenses Of The European Union, S M. Solaiman, Jennifer Algie, Shahnaz Bakand, Ronald Sluyter, Vitor Sencadas, Michael L. F Lerch, Xu-Feng Huang, Konstantin K. Konstantinov, Philip J. Barker

Faculty of Law, Humanities and the Arts - Papers (Archive)

Nanotechnology has the potential to bring about revolutionary changes in manufacturing products, including sunscreens. However, a knowledge gap between benefits and detriments of engineered nano-materials used in sunscreens exists, which gives rise to safety concerns. This article is concerned with the protection of consumers without impairing the embellishment of this promising technology. It is widely argued that the harm associated with nano-sunscreens may only occur under certain conditions related mainly to users skin vulnerability, which can be avoided by informed and careful use of such a product. We thus recognize the need for fostering the growth of nanotech simultaneously with …

11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

Rwu First Amendment Blog: Michael J. Yelnosky's Blog: Janus V. Afscme And "Weaponizing The First Amendment 06-30-2018, Michael J. Yelnosky

Law School Blogs

No abstract provided.

Requirements For A Renewables Revolution, Felix Mormann

Felix Mormann

This Article identifies and analyzes the obstacles presently barring the rise of renewables, evaluates the role of the current policy favorite emission pricing, and offers design recommendations for a comprehensive U.S. renewables policy.

Successful climate change mitigation requires a timely shift to renewable sources of energy, such as sunlight, wind or tides, to decarbonize today’s high-carbon electricity sector. But market pull alone is not strong enough. This Article discusses the most widely cited economic barriers and identifies and evaluates additional obstacles related to the electricity sector’s regulatory framework.

Emission pricing is largely considered the most efficient policy to drive the …

The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu

Maine Law Review

The debate as to the meaning of the Taking Clause in the Fifth Amendment of the United States Constitution seems unending. This short, almost cryptic constitutional provision, “nor shall private property be taken for public use, without just compensation,” has over the years given rise to both court challenges and philosophic debate aimed at parsing out the meaning and parameters of this language. As the need for regulatory controls (imposed by every level of government) has increased, the number of challenges and the stridency of the debate has also increased. Moreover, these challenges have increasingly found their way to the …

Newsroom: Have We Outgrown Brown? 02-06-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Uber, Lyft, And Regulating The Sharing Economy, Brett Harris

Seattle University Law Review

The “sharing economy” goes by many names such as the “gig economy,” the “1099 economy,” and the “on-demand economy,” all of which describe the economic system that uses online platforms to connect workers and sellers with clients and consumers, primarily through smartphone applications. Many of the sharing economy companies are also called the “tech disruptors.” They earned this title because they have changed the way that people do business. But in changing the way that people do business, they have also created unique regulatory challenges for governments across the country. The news is rife with stories about when these regulations …

Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan

University of Massachusetts Law Review

In the past, the agencies charged with the implementation of the Endangered Species Act have shirked invoking the full range of regulatory tools at their disposal. They altered the structure of the Act in violation of Congressionally-granted authority to better accommodate both developmental and conservation interests. After a string of critical judicial decisions, the Services finally changed their implementation of the Act to parallel the protections envisioned by Congress. Though these changes will shift strength between provisions within the Act, they will not drastically alter the status quo by allowing the Services discretion in making judgments regarding the recovery of …

Crispr: Redefining Gmos—One Edit At A Time, Eric E. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Protecting Homeowners' Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff

Faculty Publications

Homeowners' notions of privacy in their dwellings and surroundings are under attack from the threat of pervasive surveillance by small civilian drones equipped with highly sophisticated visual and data-gathering capabilities. Streamlined rules recently issued by the Federal Aviation Administration ("FAA') have unleashed technological innovation that promises great societal benefits. However, the new rules expose homeowners to unwanted snooping because they lack limits on the distance drones may operate from residential dwellings or time of operations. Indeed, our society should not expect a federal agency to deal effectively with the widely diverse issues of drone technology facing the states, given the …

Recalling The Lawyers: The Nhtsa, Gm, And The Chevrolet Cobalt, Bernard W. Bell

Fordham Law Review

This Article summarizes product safety and vehicle safety law and recounts General Motors Company’s (GM) response to the Cobalt ignition switch defect, paying particular attention to the actions of GM’s in-house and outside counsel. This Article then considers the legality and prudence of a regulatory agency’s imposition of gatekeeping responsibilities on such counsel.

The Laws Of Agency Lawyering, George M. Cohen

Fordham Law Review

The great variety of agency rules governing lawyers raises interesting questions that are worth exploring. This Article begins that exploration. Part I lays the groundwork by briefly examining how the ABA Model Rules treat regulatory lawyering to raise the question of what regulatory gaps the agency rules might be expected to fill. Part II sets forth several possible theories of agency rule variation. Part III compares agency rules along a number of dimensions, examines some similarities and differences across agencies as well as between the agency rules and the Model Rules, and offers speculations about what may be driving the …

Engines Of Environmental Innovation: Reflections On The Role Of States In The U.S. Regulatory System, Alexandra Dapolito Dunn, Chandos Culleen

Pace Environmental Law Review

This article focuses on the role that states play in environmental regulation. Specifically, this article offers examples of the central part in the evolution of United States environmental regulation states played in the past, continue to play today, and will play in the future. First, this article explores the history of state environmental regulation, demonstrating that despite a lack of resources, states were actively engaged in environmental regulation before the advent of the modern era of federal environmental regulation in the 1970s. This article relates not only the regulatory efforts of states, but also the practical benefits of state regulation. …

Goals Vs. Deadlines: Notes On The Va Disability Claims Backlog, Daniel L. Nagin

University of Massachusetts Law Review

Drawing primarily on policy considerations, social science research, and the relevant statutory and doctrinal frameworks within veterans benefits law, this article argues that Congress should subject the U.S. Department of Veterans Affairs (VA) to a clear and enforceable deadline for making initial eligibility determinations on claims for service-connected compensation. Despite widespread media coverage of delays in VA’s adjudication system and countless oversight hearings and congressional proposals for reform, this simple idea – to impose a hard deadline upon VA has either been overlooked entirely or drowned out by a preoccupation with other types of legislative responses to the VA claims …

Marine Protected Areas - Developing Regulatory Frameworks For Areas Beyond National Jurisdiction, Robin M. Warner

Faculty of Law, Humanities and the Arts - Papers (Archive)

The increasing intensity and impacts of human activities in the global oceans pose significant threats to the extensive repository of marine species, habitats and ecosystems in the vast marine areas beyond national jurisdiction (ABNJ). This article examines the scope of these threats and the role of areas based management mechanisms such as marine protected areas (MPAs) in addressing those threats. It discusses the law and policy rationale for establishing MPAs in ABNJ and some regional examples of MPA designation in the North East Atlantic, the Mediterranean, Antarctica and the Sargasso Sea. Finally it reviews global initiatives in the United Nations …

Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar

Touro Law Review

No abstract provided.

Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis

Seattle University Law Review

The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …

Greenhouse Gas Emissions From International Shipping: The Response From China's Shipping Industry To The Regulatory Iinitiatives Of The International Maritime Organization, Yubing Shi

Faculty of Law, Humanities and the Arts - Papers (Archive)

The International Maritime Organization (IMO) received its mandate to regulate shipping greenhouse gas (GHG) emissions from the Kyoto Protocol. However, the IMO Convention and the UN Convention on the Law of the Sea also provide it with competence in this area. In exercising its mandate, the IMO has developed regulatory initiatives. China’s shipping industry is playing a growing role in the international shipping market, and its response to these initiatives will have a substantial effect on the future application of these regulations. This article analyses the GHG mandate of the IMO, examines the main outcomes achieved within the organization on …

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

Irene Scharf

The case alerted me to the continuing issue concerning the treatment of alleged violations of Fourth Amendment rights in immigration court, with this article the result of research conducted relating thereto. Beyond reviewing the relevant views of the federal courts of appeals; the administrative tribunal that handles appeals of immigration court cases, the Board of Immigration Appeals (BIA); and even local immigration courts; I consider whether the jurisprudence has remained static since the Supreme Court's watershed opinion on the issue about twenty-five years ago. I also offer suggestions as to how to effectively, fairly, and efficiently resolve the issues raised …

Trusting (And Verifying) Online Intermediaries' Policing, Frank A. Pasquale

Frank A. Pasquale

All is not well in the land of online self-regulation. However competently internet intermediaries police their sites, nagging questions will remain about their fairness and objectivity in doing so. Is Comcast blocking BitTorrent to stop infringement, to manage traffic, or to decrease access to content that competes with its own for viewers? How much digital due process does Google need to give a site it accuses of harboring malware? If Facebook censors a video of war carnage, is that a token of respect for the wounded or one more reflexive effort of a major company to ingratiate itself with the …

Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill

Gregory Shill

Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.

In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …

Regulatory Regimes, The Protection Of Children, And Music Subcultures Online: Contesting The Terms Of Debate, Andrew Whelan

Faculty of Law, Humanities and the Arts - Papers (Archive)

When ‘child welfare’ becomes a robust legislative logic, the potential for music to fall under the remit of regulation is expanded. In Australia, materials that ‘describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not)’ are prohibited. This applies to material which is visual, verbal, or in NSW, ‘in any other form’, extending also to representations or descriptions of fictional persons. It therefore has the scope to render work in several genres …

Application Of The Responsive Regulation Theory In The Food Safety Regulatory Regime In Bangladesh, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

Bangladesh, a developing country of the South Asian region, has been suffering from a rampant food adulteration problem for the last couple of decades. Recent studies revealed that numerous deaths along with countless physical illness are happening as the consequences of this ongoing food adulteration. Several attempts have been through to change the food safety regulatory regime (FSRR) of Bangladesh to combat this alarming issue. Unfortunately the situation has hardly been changed. Rather it is getting worse day by day. However, Bangladesh has never changed the regulatory enforcement philosophy of its FSRR to combat this severe food safety concern. The …

Food Safety And Public Health Issues In Bangladesh: A Regulatory, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

In Bangladesh, most of the foodstuffs, be they manufactured or processed, are unsafe for consumption or adulterated to varying degrees. This problem persists at every level of the food chain from preparation to consumption. Food manufacturers, processors, restaurants, fast food outlets and so forth are all involved in one way or another in this corrupt practice of adulteration. Foods are adulterated by using various harmful chemicals and toxic artificial colours, on the one hand, and rotten perishables turned to poisonous foods are stored, sold and served to consumers in an unhygienic atmosphere, on the other. The unhygienic and unsafe treatment …

Responsive Regulation And Application Of Grading Systems In The Food Safety Regulatory Regimes Of Developing Countries, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

The traditional tit-for-tat philosophy in the food safety regulatory regime in most developing countries has been proven ineffective in most cases. Rather, starting with persuasion, advice, and then escalating to more severe punishments for the continuing non-compliance as suggested in the responsive regulation by Ayres and Braithwaite has been proved more effective in the food safety regulatory regime of some jurisdictions. Responsive regulation aims to increase responsibility among corporations. So, if a corporation shows responsibility, it should be rewarded, and if a corporation shows irresponsibility, it should be reprimanded (if necessary). There is no logic in seeing and treating every …

The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness

Law Faculty Scholarly Articles

The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …

Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire

Pepperdine Law Review

No abstract provided.

An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee

Pepperdine Law Review

No abstract provided.

Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker

Patrick R. Baker

This article proposes a mandatory mediation process as a solution to solving the case backlog before the Federal Mine Safety Health and Review Commission (Commission). As a result of the Sago Mine disaster, cases before the Commission have skyrocketed because of tougher Mine Safety and Health Administration (MSHA) oversight, increased penalties, and outdated procedures. From 2000 through 2005, approximately 2,300 cases were filed each year with the Commission. In 2011, the Commission’s case load exceeded 18,000. The system is currently in peril and significant reforms are needed if the current procedures are salvageable. This article has four central components. First, …