All Articles tagged Regulation

• General
  May 21, 2023 EDT
  “THE TIMOROUS MAY STAY AT HOME”: JUDGE CARDOZO’S PROPHECY IN CONTEMPORARY UNITED STATES SUPREME COURT JURISPRUDENCE
  Benjamin Pomerance

  This Article discusses today’s political and judicial rhetoric focusing on the question of whether the U.S. should be a place where laws command that the timorous may stay at home.

• State Constitutional Commentary
  September 13, 2019 EDT
  STATE COURTS, IMMIGRATION, AND POLITICS IN THE TRUMP ERA
  Cynthia Boyer

  This Article discusses the intersection between policy that regulates immigrant inflows and outflows; politics and its myths; and the judiciary at the state level in the Trump era.

• New York Appeals
  May 05, 2017 EDT
  EMPLOYING POPULAR EMERGING TECHNOLOGIES IN THE REGULATION OF COMMERCIAL GAMING IS NOT ALWAYS A WINNING STRATEGY
  Di Ma

  This article concludes that although emerging technologies are attractive to regulators, the proposed benefits are not outweighed by the costs to the casino companies.

• Justice Commentaries
  December 17, 2016 EDT
  THE PROSECUTOR’S DUTY OF SILENCE
  Bennett Gershman

  This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.

• General
  March 23, 2015 EDT
  INDIAN TRIBES AND GUN REGULATION: SHOULD TRIBES EXERCISE THEIR SOVEREIGN RIGHTS TO ENACT GUN BANS OR STAND-YOUR-GROUND LAWS?
  Ann Tweedy

  This note considers the Second Amendment’s inapplicability to Indian tribes.

• New York Appeals
  February 13, 2015 EDT
  CAN NEW YORK CITY GOVERN ITSELF? THE INCONGRUITY OF THE COURT OF APPEALS’ RECENT CASES REGARDING REGULATION OF NEW YORK CITY BY NEW YORK CITY
  Roberta A. KaplanJacob H. Hupart

  This article attempts to reconcile New York Court of Appeals cases concerning whether regulations limited to New York City were appropriate under the New York State Constitution.

• General
  May 13, 2014 EDT
  THE THIRST OF FRACKING: REGULATING TO PROTECT THE LINCHPIN OF THE NATURAL GAS BOOM
  Sorell E. Negro

  This article examines water resources concerns raised by natural gas development and regulatory approaches to addressing those issues.

• General
  January 01, 2013 EDT
  HATE SPEECH, FIGHTING WORDS, AND BEYOND—WHY AMERICAN LAW IS UNIQUE
  Robert M. O'Neil

  This article traces the historical development of the United States' approach to outlawing or permitting hate speech.

• General
  January 01, 2013 EDT
  CATEGORIES, TIERS OF REVIEW, AND THE ROILING SEA OF FREE SPEECH DOCTRINEAND PRINCIPLE: A METHODOLOGICAL CRITIQUE OF UNITED STATES V. ALVAREZ
  Rodney A. Smolla

  In United States v. Alvarez, the Supreme Court struck down the Stolen Valor Act. The failure of five Justices to agree on a rationale is the focus of this article.

• General
  January 01, 2013 EDT
  ENCOURAGING CONGRESS TO ENCOURAGE SPEECH: REFLECTIONS ON UNITED STATES V. ALVAREZ
  Jeffery C. Barnum

  This article attempts to shed some light on the path forward for the legislative branch, bifurcating (as does the Alvarez decision) to address the harms posed by false claims of...

• General
  January 01, 2013 EDT
  PUNTING IN THE FIRST AMENDMENT‘S RED ZONE: THE SUPREME COURT‘S INDECISION ON THE FCC‘S INDECENCY REGULATIONS LEAVES BROADCASTERS STILL SEARCHING FOR ANSWERS
  Robert D. RichardsDavid J. Weinert

  This article provides an in-depth analysis of the legal hurdles the Federal Communications Commission will face in attempting to construct any modified policy governing broadcast indecency.

• General
  January 01, 2012 EDT
  CORPORATE SOCIAL RESPONSIBILITY, GLOBALIZATION, THE MULTINATIONAL CORPORATION, AND LABOR: AN UNLIKELY ALLIANCE
  Alexandra R. Harrington

  This article discusses the intersection between globalization, the more legally robust corporate social responsibility regimes that are being developed, and the future of labor regulation.

• General
  January 01, 2011 EDT
  BRIDGING THE GULF: USING MEDIATED, CONSENSUS-BASED REGULATION TO RECONCILE COMPETING PUBLIC POLICY AGENDAS IN DISASTER MITIGATION
  Michael N. Widener

  The best accommodation of the vital interests of adversarial stakeholders will require significant, collective intelligence of informed citizens from myriad walks of life.

• General
  March 03, 2010 EDT
  REVIEW OF THE POLICY DEBATE OVER SHORT SALE REGULATION DURING THE MARKET CRISIS
  David P. McCaffrey

  This article summarizes the recent history of short sale regulation, and academic research on the subject.

• General
  May 08, 2009 EDT
  SHINING THE LIGHT ON GREYFIELDS: A WAL-MART CASE STUDY ON PREVENTING ABANDONMENT OF BIG BOX STORES THROUGH LAND USE REGULATIONS
  Betsy H. Sochar

  This paper addresses the growth of Wal-Mart and the impact the company has on other retailers and discusses the problems abandoned properties create for a community.

• General
  March 03, 2009 EDT
  A “GREAT” DAY FOR ACADEMIC FREEDOM: THE THREAT POSED TO ACADEMIC FREEDOM BY THE SUPREME COURT’S DECISION IN GARCETTI V. CEBALLOS
  Robert S. Rosborough IV

  This note discusses the Supreme Court’s May 2006 decision in Garcetti v. Ceballos and its potential implications for academic freedom.

• General
  January 01, 2009 EDT
  WHITE COLLAR CRIME’S GRAY AREA: THE ANOMALY OF CRIMINALIZING CONDUCT NOT CIVILLY ACTIONABLE
  Wendy Gerwick Couture

  This article proposes a two-step solution to further the rationales of the civil-criminal divide while preserving the delicate balance of the current scheme of securities regulation.

• General
  January 01, 2007 EDT
  VOLUNTARY SELF-REGULATION OF COMPLEMENTARY AND ALTERNATIVE MEDICINE PRACTITIONERS
  John Lunstroth

  The author recommends that homeopaths and other similarly situated practitioner groups organize on a state-by-state basis around a code of conduct as a means to counteract restrictive laws.