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This Comment addresses whether California’s Vessel Fuel Rules, which require all foreign and U.S. flagged vessels traveling within twenty-four miles of California's coastline to use low-sulfur content fuels, is preempted by the Supremacy Clause of the U.S. Constitution. More specifically, this...
Persistent link: https://www.econbiz.de/10014168414
In recent years, findings in behavioural sciences have highlighted the complex cognitive framework in which people make decisions. In particular, behavioural research, by refuting the neoclassical assumption of human full rationality, has revealed a set of psychological biases capable of...
Persistent link: https://www.econbiz.de/10014169531
Legal changes are required whenever technological innovations modify the market structure and behaviour of actors. However, in the face of technological changes brought by sharing economy, there is a differential in the responsiveness of rule-making institutions across different jurisdictions....
Persistent link: https://www.econbiz.de/10014241665
Franchising serves as one of the most popular forms of owning and operating a business. As the franchise model has grown, so too have issues in vicarious liability. Over the years, multiple methods of allocating the blame to franchisors have developed, such as through statutory construction or...
Persistent link: https://www.econbiz.de/10014243816
President Obama along with Congress has made it clear that there is a national need to reduce greenhouse gas emissions across the board. While state and federal smart growth legislative initiatives are being developed to accomplish the targets set by our policy makers, few if any initiatives...
Persistent link: https://www.econbiz.de/10014190792
As the information age progresses, the need for cheap, easy Internet access increases if we want citizens to be able to participate in the global economy. In both the United States and the European Union, cities have taken the lead in attempting to provide Internet access via wireless Internet...
Persistent link: https://www.econbiz.de/10014207707
Balancing the protection of private business interests against governmental regulation is one of the most significant legal frictions of the modern era. Over the course of the past twenty-eight months, this conflict has manifested itself through a federal sports gambling lawsuit involving New...
Persistent link: https://www.econbiz.de/10013030660
Modern, commercial fantasy sports came to Australia in 2001. It has since grown into a significant and accepted part of the Australian sporting and gambling landscape. Fantasy sports’ mainstreaming has been relatively uncontroversial. It has found its place within Australia’s regulatory...
Persistent link: https://www.econbiz.de/10013229274
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of "readiness" is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to...
Persistent link: https://www.econbiz.de/10013095893
The relationship between law and economic development remains enigmatic. Broadly speaking, there is no doubt that legal mechanisms for social control (or ‘institutions’, to use North's words) play a major role. Nevertheless, the impact of legal organization on economic development has not...
Persistent link: https://www.econbiz.de/10010708389