The Systematic Risk Of Private Funds After The Dodd-Frank Act,
2015
University of Saint Thomas School of Law
The Systematic Risk Of Private Funds After The Dodd-Frank Act, Wulf A. Kaal
Michigan Business & Entrepreneurial Law Review
The Financial Stability Oversight Council (FSOC) was created under the Dodd-Frank Act with the primary mandate of guarding against systemic risk and correcting perceived regulatory weaknesses that may have contributed to the financial crisis of 2008-2009. The Securities and Exchange Commission (SEC) collects data pertaining to private fund advisers in order to facilitate FSOC’s assessment of non-bank financial institutions’ potential systemic risks. Evidence that the SEC’s data collection encounters accuracy and consistency problems might hamper FSOC’s ability to evaluate the systemic risk of private fund advisers. The author shows that while the SEC’s data plays a crucial role in all …
Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation,
2015
West Viginia University College of Law
Changing The Rules Of The Game: Beyond Disclosure Framework For Securities Regulation, Jena Martin
West Virginia Law Review
No abstract provided.
Acus - And Administrative Law - Then And Now,
2015
Benjamin N. Cardozo School of Law
Acus - And Administrative Law - Then And Now, Michael Herz
Articles
The Administrative Conference of the United States (ACUS) both shapes and reflects the intellectual, policy, and practical concerns of the field of administrative law. Its recommendations are therefore a useful lens through which to view that field. Also, because of an unfortunate hiatus, ACUS has gotten underway not once but twice. Those two beginnings provide a kind of natural experiment, and they make a revealing contrast. This article traces the transformations of American administrative law, as well as the field’s perpetual concerns, by comparing the initial recommendations of ACUS 1.0 (1968 to 1970) with the initial recommendations of ACUS 2.0 …
The Problem With Words: Plain Language And Public Participation In Rulemaking,
2015
Cornell Law School
The Problem With Words: Plain Language And Public Participation In Rulemaking, Cynthia R. Farina, Mary J. Newhart, Cheryl Blake
Cornell Law Faculty Publications
This Article, part of the special issue commemorating the fiftieth anniversary of the Administrative Conference of the United States (“ACUS”), situates ACUS’s recommendations for improving public rulemaking participation in the context of the federal “plain language” movement. The connection between broader, better public participation and more comprehensible rulemaking materials seems obvious, and ACUS recommendations have recognized this connection for almost half a century. Remarkably, though, the series of presidential and statutory plain-language directives on this topic have not even mentioned the relationship of comprehensibility to participation until very recently. In 2012, the Office of Information and Regulatory Affairs (“OIRA”) issued …
Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0903: Dover-Atwood Corporation, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-120; Chapman #1 Well
Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0872: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)
Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0884: Stonebridge Operating Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Review of Chief's Order 2014-237 & 2014-263 (Gifford Unite #2 Well)
Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union,
2015
Pace University
Regulation Of Chemical Risks: Lessons For Reform Of The Toxic Substances Control Act From Canada And The European Union, Adam D.K. Abelkop, John D. Graham
Pace Environmental Law Review
The purpose of this Article is to compare the regulatory systems in Canada and the EU, and use comparative insights to draw some lessons that may be of interest to U.S. policy makers engaged in TSCA reform. CEPA and REACH are seen by stakeholders as state of the art in chemicals assessment and management, and thus the U.S. may draw useful insights from them. Indeed, the European Union and Canada have each been urging other countries to join in a globalization of the REACH or Canadian programs, respectively. Regardless of what TSCA reformers choose to learn from the Canadian and …
Western Watersheds Project V. Jewell,
2015
Alexander Blewett III School of at the Law University of Montana
Western Watersheds Project V. Jewell, Hannah S. Cail
Public Land & Resources Law Review
The Idaho District Court granted WWP’s motion for summary judgment and denied those of the BLM and intervener Cattle Associations. WWP alleged the BLM failed to protect sage grouse in some 600 grazing permit decisions issued by the Burley Field Office. The court found the decisions insufficient under NEPA because the BLM did not consider the cumulative impacts of grazing permit renewals on sage grouse.
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg,
2015
The University of Akron
Rights Of State Prisoners - Federal Court Intervention In State Prison Administration; Jones V. Wittenberg, Ronald L. Collins
Akron Law Review
The path to federal court intervention into state prison administration has been a tortuous and rocky one.... Jones v. Wittenberg carries federal court intervention into state prison administration to new lengths. Until more basic and lasting changes are made on the part of society and the states, such intervention seems to be the best chance for ameliorating conditions in our state penal systems.
Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-412
Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-119; Shah-Shah-Patel #2 Well
Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-94
Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Decision (Application to Operate Facility)
Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management,
2015
Case Western Reserve University School of Law
Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)
Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change,
2015
The University of Akron
Perspectives On Ohio Bingo Regulation: An Historical Analysis And Proposals For Change, Patricia Ravenscraft, Elizabeth Reilly
Akron Law Review
"ONE NEED not do extensive research into the historical background of bingo or lottery regulation in the State of Ohio before becoming aware that the current state of confusion in the law is not without precedent. Particularly in the large metropolitan centers, regulating and policing schemes and games of chance have presented a perennial problem.' With the advent of constitutionally authorized charitable bingo in November of 1975,' several legislative regulatory schemes were enacted. Each eventually gave rise to a more serious proliferation of problems in enforcing the legislative limitations. The critical proportions of the bingo problem were reflected in Amended …
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014),
2015
Alexander Blewett III School of Law at the University of Montana
High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore
Public Land & Resources Law Review
High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …
Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal,
2015
Columbia Law School
Exclusion And Equality: How Exclusion From The Political Process Renders Religious Liberty Unequal, Philip Hamburger
Notre Dame Law Review
Exclusion from the political process is a central question in American law. Thus far, however, it has not been recognized how religious Americans are excluded from the political process and what this means for religious equality. Put simply, both administrative lawmaking and § 501(c)(3) of the Internal Revenue Code substantially exclude religious Americans from the political process that produces laws. As a result, apparently equal laws are apt, in reality, to be unequal for religious Americans. Political exclusion threatens religious equality. The primary practical conclusion concerns administrative law. It will be seen that this sort of “law” is made through …
A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census,
2015
Barry University Dwayne O. Andreas School of Law
A Demographic Threat? Proposed Reclassification Of Arab Americans On The 2020 Census, Khaled A. Beydoun
Michigan Law Review First Impressions
“Arab Americans are white?” This question—commonly posed as a demonstration of shock or surprise—highlights the dissonance between how “Arab” and “white” are discursively imagined and understood in the United States today. These four words also encapsulate the dilemma that currently riddles Arab Americans. The population finds itself interlocked between formal classification as white, and de facto recognition as nonwhite. The Office of Management and Budget (OMB), the government agency that oversees the definition, categorization, and construction of racial categories, currently counts people from the Middle East and North Africa (MENA) as white. The United States Census Bureau (Census Bureau), the …
Nontaxable Transfers; Interest-Free Loans; Crown V. Commissioner,
2015
The University of Akron
Nontaxable Transfers; Interest-Free Loans; Crown V. Commissioner, Linda Haught Robb
Akron Law Review
"INTEREST-FREE FAMILY LOANS remain outside the purview of the federal estate and gift tax statutes despite the recent efforts of the Internal Revenue Service to convince the judiciary that, in such loans, the fair market value of the foregone interest is a gift. This is an extrapolation of the Service's efforts to find income to the recipient in other interest-free money situations. In light of the Service's limited activity in dealing with tax consequences of the interest-free loans, the Seventh Circuit's decision in Crown v. Commissioner' will be an important reference for estate and tax planning. Doubtlessly, the Service will …
