Broker-Dealer Law Reform: Financial Intermediaries In A State Of Limbo,
2016
Brooklyn Law School
Broker-Dealer Law Reform: Financial Intermediaries In A State Of Limbo, Alexander R. Tiktin
Brooklyn Law Review
No abstract provided.
Minimally Democratic Administrative Law,
2016
Penn State Law
Minimally Democratic Administrative Law, Jud Mathews
Faculty Scholarship
A persistent challenge for the American administrative state is reconciling the vast powers of unelected agencies with our commitment to government by the people. Many features of contemporary administrative law — from the right to participate in agency processes, to the reason-giving requirements on agencies, to the presidential review of rulemaking — have been justified, at least in part, as means to square the realities of agency power with our democratic commitments. At the root of any such effort there lies a theory of democracy, whether fully articulated or only implicit: some conception of what democracy is about, and what …
Valuing Spectrum Allocations,
2016
Clemson University
Valuing Spectrum Allocations, Thomas W. Hazlett, Michael Honig
Michigan Telecommunications & Technology Law Review
Observing trends in which Wi-Fi and Bluetooth have become widely popular, some argue that unlicensed allocations hosting such wireless technologies are increasingly valuable and that administrative spectrum allocations should shift accordingly. We challenge that policy conclusion. A core issue is that the social value of a given spectrum allocation is widely assumed to equal the gains of the applications it is likely to host. This thinking is faulty, as vividly seen in what we deem the Broadcast TV Spectrum Valuation Fallacy – the idea that because wireless video, or broadcast network programs are popular, TV channels are efficiently defined. This …
Blacklining Editorial Privilege,
2016
Nebraska College of Law
Blacklining Editorial Privilege, Justin Hurwitz
Michigan Telecommunications & Technology Law Review
Over the past year, FCC Commissioner Mike O’Rielly has drawn valuable attention to various Commission procedures in need of reform. Of these procedures perhaps the most perplexing is that of “editorial privileges” – a process whereby Commission staff is granted permission to continue editing Commission Orders subsequent to their adoption, such that the text of the Order voted on by the Commission is not necessarily the same as that ultimately published in the Federal Register or otherwise released to the public. This procedure is longstanding – predating institutional memory; yet it is also entirely unprecedented in the canon of administrative …
Independent Agencies In The United States: The Responsibilities Of Public Lawyers,
2016
The Catholic University of America, Columbus School of Law
Independent Agencies In The United States: The Responsibilities Of Public Lawyers, Marshall J. Breger, Gary Edles
Scholarly Articles
Independent federal agencies occupy a special constitutional position in the governmental structure. Their stock-in-trade is the expert, apolitical resolution of regulatory issues. They are supposedly “independent” of the political will of the executive branch. Because most are multi-member organizations, they are also perceived as accommodating diverse views and able to prevent extreme outcomes through the compromise inherent in the process of collegial decision-making. But such a view is not universally held. A well known examination of such agencies in the 1930s described them uncharitably as a “headless ‘fourth branch’ of government, a haphazard deposit of irresponsible agencies and uncoordinated powers.” …
Wage Theft As Public Larceny,
2016
Brooklyn Law School
Wage Theft As Public Larceny, Elizabeth J. Kennedy
Brooklyn Law Review
Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by …
Traditional Ecological Rulemaking,
2016
University of Maine School of Law
Traditional Ecological Rulemaking, Anthony Moffa
Faculty Publications
This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …
Chipping Away At The Rock: Perez V. Mortgage Bankers Association And The Seminole Rock Deference Doctrine,
2016
Barry University
Chipping Away At The Rock: Perez V. Mortgage Bankers Association And The Seminole Rock Deference Doctrine, Kevin O. Leske
Faculty Scholarship
No abstract provided.
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School,
2016
Barry University
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
Faculty Scholarship
No abstract provided.
Astroturf Campaigns: Transparency In Telecom Merger Review,
2016
University of Michigan Law School
Astroturf Campaigns: Transparency In Telecom Merger Review, Victoria Peng
University of Michigan Journal of Law Reform
Large telecommunications companies looking to merge spend millions of dollars in their lobbying efforts to clear regulatory hurdles and obtain approval for their proposed mergers. Corporations such as AT&T, Comcast, and Time Warner use public participation processes as vehicles to influence regulatory decision-making. In the Federal Communications Commission (FCC) merger review context, the notice- and-comment process and public hearings have become fertile breeding grounds for hidden corporate influence. Corporations spend millions on corporate social responsibility programs and call upon nonprofit organizations that receive their largesse to represent their corporate interests as grassroots interests when the FCC seeks public comment. This …
Interpretation Of The Supreme People's Court On Several Issues Concerning The Application Of "Administrative Ligitation Law Of The People's Republic Of China",
2016
University of Washington School of Law
Interpretation Of The Supreme People's Court On Several Issues Concerning The Application Of "Administrative Ligitation Law Of The People's Republic Of China", Benjamin Minhao Chen, Zhiyu Li
Washington International Law Journal
For the proper application of the “Administrative Litigation Law of the People’s Republic of China” amended at the 11th session of the Standing Committee of the Twelfth National People's Congress, in consideration of the actual circumstances of the people’s courts, the interpretation on the application of the relevant provisions is hereby issued as follows:
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine,
2016
Mississippi College School of Law
Who’S Exercising What Power: Toward A Judicially-Manageable Nondelegation Doctrine, Martin Edwards
Journal Articles
This Article argues that the traditional, "intelligible principle" nondelegation analysis is incomplete and that an examination of the delegate, rather than just the delegation, more effectively animates the doctrine. This is true not only as a practical matter; early Supreme Court cases, as well as later ones, have taken a keen interest in the recipient of the alleged delegation. In other words, a realistic and judicially enforceable nondelegation doctrine must include more than a mere tip of the juridical cap.
The Forgotten Core Of The Telecommunications Act Of 1996,
2016
University of Colorado Law School
The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser
Publications
No abstract provided.
Classing Up The Agency,
2016
University of Miami School of Law
Welcome To The Space Jam: How United States Regulators Should Govern Google And Facebook's New Internet Providing High Altitude Platforms,
2016
American University Washington College of Law
Welcome To The Space Jam: How United States Regulators Should Govern Google And Facebook's New Internet Providing High Altitude Platforms, George V. John
American University Business Law Review
No abstract provided.
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations,
2016
J.D.Candidate, Roger Williams University School of Law, 2017
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering
Roger Williams University Law Review
No abstract provided.
Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation,
2016
Georgia State University College of Law
Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Nicole G. Iannarone, Benjamin P. Edwards
Faculty Publications By Year
This essay unpacks the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students, from mastering the substantive area of law, developing critical thinking skills, and developing their professional identities and expertise. We describe our own experiences in incorporating students into the regulatory rulemaking process. Because of our focus on securities law, our students review and comment on proposed actions by securities regulators — the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing an overview of the pedagogical and practical rationale for …
Expanding Territorial Bounds: The Recognition Doctrine After Zivotofsky V. Kerry,
2016
Loyola Marymount University and Loyola Law School
Expanding Territorial Bounds: The Recognition Doctrine After Zivotofsky V. Kerry, Nicole Kirkilevich
Loyola of Los Angeles Law Review
No abstract provided.
Agenda-Setting In The Regulatory State: Theory And Evidence,
2016
Texas A&M University School of Law
Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters
Faculty Scholarship
Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of …
The Duty Of Responsible Administration And The Problem Of Police Accountability,
2016
Columbia Law School
The Duty Of Responsible Administration And The Problem Of Police Accountability, Charles F. Sabel, William H. Simon
Faculty Scholarship
Many contemporary civil rights claims arise from institutional activity that, while troubling, is neither malicious nor egregiously reckless. When law-makers find themselves unable to produce substantive rules for such activity, they often turn to regulating the actors’ exercise of discretion. The consequence is an emerging duty of responsible administration that requires managers to actively assess the effects of their conduct on civil rights values and to make reasonable efforts to mitigate harm to protected groups. This doctrinal evolution partially but imperfectly converges with an increasing emphasis in public administration on the need to reassess routines in the light of changing …
