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A Call For Truth In The Fashion Pages: What Global Trend In Advertising Regulation Means For U.S. Beauty And Fashion Advertisers, Ashley O'Neil 2014 Indiana University Maurer School of Law

A Call For Truth In The Fashion Pages: What Global Trend In Advertising Regulation Means For U.S. Beauty And Fashion Advertisers, Ashley O'Neil

Indiana Journal of Global Legal Studies

The advertising industry serves an important purpose in our society by acting as the main source of information for consumers about products. Global advertisement spending reaches into the hundreds of billions of dollars annually. Because advertising plays such a large role in the economy, regulators across the globe have increasingly sought to promote truth in advertising. As a result, advertising regulation has exploded in the recent decades. Recently, the beauty and fashion industries have come under fire from advertising regulatory bodies, most notably in Europe, for misleading and offensive advertising practices. Regulators and interest groups are concerned by the unrealistic …


Foreign Hard Look Review, Ganesh Sitaraman 2014 Vanderbilt University Law School

Foreign Hard Look Review, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

For decades, courts and scholars have been engaged in a protracted and largely polarized debate over a seemingly simple question: how should courts address cases that implicate foreign affairs? On the one hand are those who seek expansive deference to the Executive's conduct offoreign affairs. On the other are those who argue that the courts must enforce the rule of law in foreign affairs cases lest they abdicate their responsibility to keep the Executive in check This Article provides an alternative approach to the judicial role in foreign relations cases--one that navigates between judicial abdication and judicial entanglement. It argues …


Unitary Innovations And Political Accountability, Edward H. Stiglitz 2014 Cornell Law School

Unitary Innovations And Political Accountability, Edward H. Stiglitz

Cornell Law Faculty Publications

An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses accountability. Here, I study whether institutional innovations resulting from such judicial decisions support this functionalist constitutional value of political accountability, emphasizing under-appreciated complications arising out of interbranch relations. For most of the Article, I conduct an indepth empirical case study of the legislative veto, one …


Naalj Membership Application And Questionnaire, Alice Won 2014 Pepperdine University

Naalj Membership Application And Questionnaire, Alice Won

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pepperdine University School Of Law Legal Summaries, Hsuan Li 2014 Pepperdine University

Pepperdine University School Of Law Legal Summaries, Hsuan Li

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao 2014 Pepperdine University

City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman 2014 Pepperdine University

Hidden Risks Of Taking Generic Drugs Over Brand Name: The Impact Of Drug Labeling Regulations On Injured Consumers And The Pharmaceutical Industry , Samantha Koopman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fixing Disability Courts, D. Randall Frye 2014 Pepperdine University

Fixing Disability Courts, D. Randall Frye

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj 2014 Pepperdine University

Fighting Dirty Sidewalk Tickets In New York City, Sean Roman Strockyj

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker 2014 Pepperdine University

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.


The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger 2014 Pepperdine University

The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appeal No. 0855: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2014 Case Western Reserve University School of Law

Appeal No. 0855: Athens County Fracking Action Network, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Issuance of Injection Well Permit SWI! #10 (K & H Partners, LLC)


Russia’S Contract Arbitrage, Anna Gelpern 2014 Georgetown University Law Center

Russia’S Contract Arbitrage, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Ukraine is poised to restructure its debt, but Russia may hold the best cards in the negotiation. Russia bought $3 billion in Ukrainian Eurobonds in late 2013 to prop up a political ally, since-deposed. As Russian President Vladimir Putin himself has pointed out, these bonds have unique terms that let Russia call for early repayment, putting it ahead of Ukraine’s private creditors. Meanwhile, Russia and its proxies hold enough bonds to block a restructuring vote or hold out, sticking more losses on other creditors. Russia has refused to restructure the bonds in the Paris Club of government-to-government creditors, claiming that …


Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison

Nevada Law Journal

No abstract provided.


Enlightened Regulatory Capture, David Thaw 2014 University of Washington School of Law

Enlightened Regulatory Capture, David Thaw

Washington Law Review

Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest: (1) legislatively mandated adoption of recommendations by an advisory committee …


Enlightened Regulatory Capture, David Thaw 2014 University of Washington School of Law

Enlightened Regulatory Capture, David Thaw

Washington Law Review

Regulatory capture generally evokes negative images of private interests exerting excessive influence on government action to advance their own agendas at the expense of the public interest. There are some cases, however, where this conventional wisdom is exactly backwards. This Article explores the first verifiable case, taken from healthcare cybersecurity, where regulatory capture enabled regulators to harness private expertise to advance exclusively public goals. Comparing this example to other attempts at harnessing industry expertise reveals a set of characteristics under which regulatory capture can be used in the public interest: (1) legislatively mandated adoption of recommendations by an advisory committee …


The Verdict Is In: Judge And Administrator Perceptions Of State Court Governance, Christopher D. Kimbrough, Mitchel Herian, David B. Rottman, Brian H. Bornstein, Alan Tomkins 2014 University of Nebraska–Lincoln

The Verdict Is In: Judge And Administrator Perceptions Of State Court Governance, Christopher D. Kimbrough, Mitchel Herian, David B. Rottman, Brian H. Bornstein, Alan Tomkins

Alan Tomkins Publications

The court unification movement has progressed in fits and starts over the decades. Recent proposals have been put forth that attempt to continue the move toward a state court structure that utilizes a more coherent approach to governance. Drawing on a survey of court personnel who were asked about a set of proposed governance principles, this article examines how state court judges and administrators view their roles and responsibilities in the court system, the current need for court reform, the importance of future trends, and whether they are confident in the performance of their respective court system. Three hundred and …


Dynamic Forest Federalism, Blake Hudson 2014 Louisiana State University

Dynamic Forest Federalism, Blake Hudson

Washington and Lee Law Review

State and local governments have long maintained regulatory authority to manage natural resources, and most subnational governments have politically exercised that authority to some degree. Policy makers, however, have increasingly recognized that the dynamic attributes of natural resources make them difficult to manage on any one scale of government. As a result, the nation has shifted toward multilevel governance known as “dynamic federalism” for many if not most regulatory subject areas, especially in the context of the natural environment. The nation has done so both legally and politically—the constitutional validity of expanded federal regulatory authority over resources has consistently been …


Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme 2014 Princeton University

Regulatory Monopoly And Differential Pricing In The Market For Patents , Neel U. Sukhatme

Washington and Lee Law Review

Patents are limited-term monopolies awarded to inventors to incentivize innovation. But there is another monopoly that has been largely overlooked at the heart of patent law: the monopoly of the U.S. Patent and Trademark Office (PTO) over the granting of patents. This Article addresses this topic by developing the notion of a regulatory monopoly, where a single governmental actor has the power to set prices in a regulatory area. The Article explains how regulatory monopolists like the PTO could enhance social welfare via differential pricing—by charging regulated entities differing fees based on their willingness and ability to pay. In particular, …


Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson 2014 Washington and Lee University School of Law

Facing Down The Trolls: States Stumble On The Bridge To Patent-Assertion Regulation , David Lee Johnson

Washington and Lee Law Review

No abstract provided.


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