Legislative Committee Abbreviations,
2017
University of San Diego
Legislative Committee Abbreviations
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California,
2017
University of San Diego
Dental Board Of California, Jena Scarborough, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care,
2017
University of San Diego
Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2017
University of San Diego
Board Of Pharmacy, Mariam J. Saleh, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2017
University of San Diego
Medical Board Of California, Kayla Watson, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
California Board Of Accountancy,
2017
University of San Diego
California Board Of Accountancy, Anna V. Randall, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
State Bar Of California,
2017
University of San Diego
State Bar Of California, Edith Jimenez, Andrew J. Van Arsdale, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Public Utilities Commission,
2017
University of San Diego
Public Utilities Commission, Jessica Kirshner, Faye Winkler, R. C. Fellmeth, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2017
University of San Diego
Board Of Registered Nursing, Ashkan Hayatdavoudi, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Insurance,
2017
University of San Diego
Department Of Insurance, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2017
University of San Diego
Veterinary Medical Board, Bryan Yerger, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
The Carried Interest Standoff: Reaffirming Executive Agency Authority,
2017
Akin Gump
The Carried Interest Standoff: Reaffirming Executive Agency Authority, Dean Galaro, Gregory S. Crespi
SMU Law Review
This Article argues that, if reform is necessary, carried interest taxation should be amended by agency rulemaking and not by Congress. Much has already been said about carried interest, but this Article attempts to look through a new lens—legislative history. Carried interest presents a complicated question about the application of foundational partnership tax principles. It is an issue that has received popular attention only within the last decade. Since then, the face of reform has been efforts in Congress to pass an overly complex bill—Section 710. By looking back through the legislative history of carried interest, we begin to see …
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising,
2017
Cornell University School of Hotel Administration
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
American University Business Law Review
No abstract provided.
Bureau For Private Postsecondary Education,
2017
University of San Diego
Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Commentary,
2017
University of San Diego
Agency Law And The New Economy,
2017
University of Colorado Law School
Agency Law And The New Economy, Mark J. Loewenstein
Publications
This article considers the status of workers in the "new economy," defined as the sharing economy (e.g., Uber, Lyft) and the on-demand economy. The latter refers to the extensive and growing use of staffing companies by established businesses in many different industries to provide all or a portion of their workforce. Workers in both the sharing economy and the on-demand economy are, generally speaking, at a disadvantage in comparison to traditional employees. Uber drivers, for example, are typically considered independent contractors, not employees, and therefore are not covered under federal and state laws that protect or provide benefits to employees. …
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues,
2017
Director of the Marion B. Brechner First Amendment Project at the University of Florida, Gainesville
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips
University of Richmond Law Review
Using the WDBJ case as an analytical springboard, this article examines the tumultuous state of the FCC's indecency enforcement regime more than three years after the Supreme Court's June 2012 opinion in Fox Television Stations. Part I of this article briefly explores the missed First Amendment opportunities in Fox Television Stations, as well as some possible reasons why the Supreme Court chose to avoid the free-speech questions in that case." Part II addresses the FCC's decision in September 2012 to target only egregious instances of broadcast indecency and, in the process, to jettison hundreds of thousands of complaints that had …
Social Capital Of Directors And Corporate Governance: A Social Network Analysis,
2017
Brooklyn Law School
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article examines how a director’s social capital might affect his or her behavior, the board’s performance, and corporate governance, as well as the potential normative implications of the director’s social network. We argue that the quality of board performance could be improved where the social network closure within the board is high and there are many non-redundant contacts beyond the board. Network closure can improve trust and collaboration within a board, while external contacts may benefit a company with more diverse sources of information. Moreover, different network positioning leads to the inequality of social capital for directors. With more …
Why Delaware Courts Should Abolish The Schnell Doctrine,
2017
American University Washington College of Law
Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel
American University Business Law Review
No abstract provided.
Localist Administrative Law,
2017
Fordham University School of Law
Localist Administrative Law, Nestor M. Davidson
Faculty Scholarship
To read the voluminous literature on administrative law is to inhabit a world focused almost exclusively on federal agencies. This myopic view, however, ignores the wide array of administrative bodies that make and implement policy at the local-government level. The administrative law that emerges from the vast subterranean regulatory state operating within cities, suburbs, towns, and counties has gone largely unexamined. Not only are scholars ignoring a key area of governance, but courts have similarly failed to develop an administrative jurisprudence that recognizes what is distinctive about local agencies. The underlying justifications for core administrative law doctrines at the federal …
