An Information-Gathering Approach To Copyright Policy,
2012
Northwestern Pritzker School of Law
An Information-Gathering Approach To Copyright Policy, Peter Dicola, Matthew Sag
Faculty Articles
For over a century and with increasing frequency, major controversies have erupted between large distributors of copyrighted works (song publishers, movie studios, record labels, book publishers, etc.) and makers of new technologies for experiencing those works (player piano manufacturers, VCR manufacturers, the creators of file sharing software, Google Books, etc.). Usually, the copyright owners and the technology firms reach a licensing deal-but not without some form of government intervention. Various institutions within the federal government have become involved in these disputes, using a variety of different mechanisms. This Article is a theoretical investigation of government intervention in these content-technology copyright …
Administrative Law (Annual Survey Of Virginia Law, 2012),
2012
University of Richmond
Administrative Law (Annual Survey Of Virginia Law, 2012), John Paul Jones
Law Faculty Publications
What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rulemaking by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.
Montana Administrative Law Practice: 41 Years After The Enactment Of The Montana Administrative Procedure Act,
2012
University of Montana School of Law
Montana Administrative Law Practice: 41 Years After The Enactment Of The Montana Administrative Procedure Act, William L. Corbett
Faculty Law Review Articles
No abstract provided.
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts.,
2012
Loyola University Chicago, School of Law
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii
Faculty Publications & Other Works
No abstract provided.
Loyola Law School, State Secrets, The American Revolution, The War Of 1812: The Maritime Connections Of The Middle Temple,
2012
Loyola University Chicago, School of Law
Loyola Law School, State Secrets, The American Revolution, The War Of 1812: The Maritime Connections Of The Middle Temple, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
To Tax, To Spend, To Regulate,
2012
Columbia Law School
To Tax, To Spend, To Regulate, Gillian E. Metzger
Faculty Scholarship
Two very different visions of the national government underpin the ongoing battle over the Affordable Care Act (ACA). President Obama and supporters of the ACA believe in the power of government to protect individuals through regulation and collective action. By contrast, the ACA's Republican and Tea Party opponents see expanded government as a fundamental threat to individual liberty and view the requirement that individuals purchase minimum health insurance (the so-called "individual mandate") as the conscription of the healthy to subsidize the sick. This conflict over the federal government's proper role is, of course, not new; it has played out repeatedly …
"Deference" Is Too Confusing – Let's Call Them "Chevron Space" And "Skidmore Weight",
2012
Columbia Law School
"Deference" Is Too Confusing – Let's Call Them "Chevron Space" And "Skidmore Weight", Peter L. Strauss
Faculty Scholarship
This Essay suggests an underappreciated, appropriate, and conceptually coherent structure to the Chevron relationship of courts to agencies, grounded in the concept of "allocation." Because the term "deference" muddles rather than clarifies the structure's operation, this Essay avoids speaking of "Chevron deference" and "Skidmore deference." Rather, it argues, one could more profitably think in terms of "Chevron space" and "Skidmore weight." "Chevron space" denotes the area within which an administrative agency has been statutorily empowered to act in a manner that creates legal obligations or constraints – that is, its allocated authority. "Skidmore weight" …
Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?,
2012
Georgetown University Law Center
Can Vermont Put The Nuclear Genie Back In The Bottle: A Test Of Congressional Preemptive Power?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Even before the nuclear core meltdowns at the Fukushima Daiichi nuclear reactors in Japan re-stoked public anxiety about nuclear energy, Vermont’s Senate, under the auspices of Vermont Act No. 160, voted to block continued operation of Vermont Yankee Nuclear Power Plant after the expiration of its forty-year operating license. This article examines whether a state can legislatively override a permit issued by the Nuclear Regulatory Commission extending the license of a power plant. The author places this question within a broader federalism context, in which states assert their sovereign rights to regulate the environment in the shadow of federal mandates. …
Meaning, Purpose, And Cause In The Law Of Deception,
2012
Georgetown University Law Center
Meaning, Purpose, And Cause In The Law Of Deception, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Laws designed to affect the flow of information take many forms: rules against misrepresentation, disclosure requirements, secrecy requirements, rules governing the formatting or packaging of information, and interpretive rules designed to give people new reasons to share information. Together these and similar rules constitute the law of deception: laws that aim to prevent or cure deception. One encounters similar problems of design, function and justification throughout the law of deception. Yet very little has been written about the category as a whole. This article begins to sketch a general theory. It identifies three regulatory approaches. Interpretive laws, such as common …
Judulang V. Holder And The Future Of 212(C) Relief,
2012
Georgetown University Law Center
Judulang V. Holder And The Future Of 212(C) Relief, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
On December 12, 2011, the Supreme Court issued a unanimous decision in Judulang v. Holder, a case addressing the Board of Immigration Appeals’ use of the comparable grounds approach for determining eligibility for relief under former section 212(c) of the Immigration and Nationality Act. The Court held that this approach was arbitrary and capricious under the Administrative Procedure Act, and remanded for the agency to determine a new way for determining the eligibility of deportable aliens for 212(c) relief. The purpose of this article is to place the Court’s decision in its proper historical context and to chart the …
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel,
2012
Roger Williams University School of Law
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel, Peter Margulies
Law Faculty Scholarship
No abstract provided.
When Agencies Go Nuclear: A Game Theoretic Approach To The Biggest Sticks In An Agency's Arsenal,
2012
BYU Law
When Agencies Go Nuclear: A Game Theoretic Approach To The Biggest Sticks In An Agency's Arsenal, Brigham Daniels
Faculty Scholarship
A regulatory agency’s arsenal often contains multiple weapons. Occasionally, however, an agency has the power to completely obliterate its regulatory targets or to make major waves in society by using a “regulatory nuke.” A regulatory nuke is a tool with two primary characteristics. First, it packs power sufficient to profoundly impact individual regulatory targets or significantly affect important aspects of society or the economy. Second, from the perspective of the regulatory agency, it is politically unavailable in all but the most extreme situations. They are found in many corners of the federal bureaucracy. This Article illustrates that even when individual …
Bright-Line Rules And Inefficient Markets: The Third Circuit's 10b-5 Materiality Doctrine Is Ripe For Revision,
2012
Villanova University Charles Widger School of Law
Bright-Line Rules And Inefficient Markets: The Third Circuit's 10b-5 Materiality Doctrine Is Ripe For Revision, Brian J. Boyle
Villanova Law Review (1956 - )
No abstract provided.
City Of Arlington V. Fcc: Questioning Agency Authority To Determine The Scope Of Its Own Authority,
2012
Case Western University School of Law
City Of Arlington V. Fcc: Questioning Agency Authority To Determine The Scope Of Its Own Authority, Jonathan H. Adler
Faculty Publications
In City of Arlington v. FCC the Supreme Court will consider whether courts should defer to an agency’s determination of its own jurisdiction. Although the need for courts to defer to agency interpretations of ambiguous statutory provisions under Chevron v. NRDC is well-established, the Supreme Court has never decided whether so-called Chevron deference should apply to statutory provisions delineating the scope of agency jurisdiction. There are several reasons courts should not confer Chevron deference to agency interpretations of statutes that define or limit an agency’s jurisdiction. First, the conferral of Chevron deference is premised upon the existence of agency jurisdiction. …
Waiving Goodbye To Nondisclosure Under Foia’S Exemption 4: The Scope And Applicability Of The Waiver Doctrine,
2012
The Catholic University of America, Columbus School of Law
Waiving Goodbye To Nondisclosure Under Foia’S Exemption 4: The Scope And Applicability Of The Waiver Doctrine, Patrick Lightfoot
Catholic University Law Review
No abstract provided.
A Meteorite And A Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution,
2012
Benjamin N. Cardozo School of Law
A Meteorite And A Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution, Sam Markowitz
Cardozo Journal of Conflict Resolution
This Note proceeds in a number of parts. Part I will present two case studies: First, the Willamette Meteorite and the agreement between the Grand Ronde Tribe and the AMNH; and second, the recent agreement between Peru and Yale University regarding artifacts from Machu Picchu. Part II will briefly explain and outline Alternative Dispute Resolution (ADR) and the methods through which successful resolution to disputes are achieved, specifically noting that in the last decade, cultural property disputes have been increasingly resolved through ADR. Part III will compare the agreements reached in both instances, proposing several reasons why these agreements worked …
Providing Another Leg To Stand On - A Question Of The Zone Of Interests In Challenging Agency Decision-Making Under The Air Pollution Control Act,
2012
Villanova University Charles Widger School of Law
Providing Another Leg To Stand On - A Question Of The Zone Of Interests In Challenging Agency Decision-Making Under The Air Pollution Control Act, Bill Welkowitz
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report,
2012
American University Washington College of Law
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on male youth age 10-13
Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law,
2012
Elon University School of Law
Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine
Cardozo Arts & Entertainment Law Journal
The negotiations of the international Anti-Counterfeiting Trade Agreement and Trans Pacific Partnership Agreement have been conducted largely in secret, elevating intellectual property piracy to the level of national security concerns for purposes of accessing information through the Freedom of Information Act (FOIA). However, the level of actual secrecy has been tiered, with corporate interests enjoying far more access to negotiation information than the general public. At the same time, similar intellectual property issues were negotiated in the relative transparency of Congress' debate over the Stop Online Piracy Act and PROTECT IP Act, allowing for much greater public involvement. With national …
Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa,
2012
University of Idaho College of Law
Copyright Policymaking As Procedural Democratic Process: A Discourse-Theoretic Perspective On Acta, Sopa, And Pipa, Annemarie Bridy
Cardozo Arts & Entertainment Law Journal
No abstract provided.
