In the wake of the recent financial crisis, Congress has sought to regulate the proprietary trading activities of Wall Street banks. The Volcker Rule, passed into law as section 619 of the Dodd-Frank Act, bans proprietary trading for deposit-taking banks and bank holding companies with...

The EU recently established new supranational financial supervision authorities — ESAs — capable of adopting binding supervisory decisions. The upgraded regulatory framework also inaugurated judicial review by a newly established Board of Appeal and the Court of Justice against these...

Corporate off-balance sheet transactions that used special-purpose entities (“SPEs”) facilitated the expansion of structured finance during the years leading up to the Great Recession. Specifically, SPEs conferred bankruptcy remote, liquidity, leverage and interest rate risk benefits on...

In 2011, the Environmental Protection Agency and Army Corps of Engineers introduced a draft version of a guidance document that purported to clarify the jurisdiction of the Clean Water Act in accordance with recent Supreme Court Cases. Shortly thereafter, it became clear that the Draft Guidance...

In this interdisciplinary paper written by a socio-legal scholar and a computer scientist, we explain a novel holistic approach to Internet regulation in the broader public interest. We argue for ‘prosumer law' and give an example of our proposed solution to the problems of dominant social...

This Article highlights the role of capture in providing a normative foundation for regulatory review of administrative action, which at the federal level is conducted by the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget (OMB). It also...

In contrast to the whirlwind pace and the efficiency with which the science and commercialization of modern biotechnology have developed in the past few decades, the creation of an adequate and comprehensive regulatory regime for agricultural biotechnology has proven to be a lengthy and arduous...

This paper aims to contribute to the understanding of the role of the EU in the global production of transnational law of risk regulation (TNLRR). TNLRR is defined as a harmonious, cross-jurisdictional regulatory environment that results from the circulation of risk regulatory models among...

Website privacy policies often contain ambiguous language that undermines the purpose and value of privacy notices for site users. This paper compares the impact of different regulatory models on the ambiguity of privacy policies in multiple online sectors. First, the paper develops a theory of...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...