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 Shortly thereafter, it became clear that the Draft Guidance...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...

According to the EU Directive 2003/98 public sector bodies can currently charge the cost of collection, production, reproduction and dissemination, together with a reasonable return on investment. If the upper limit for charging was lowered to the marginal costs of reproduction and dissemination...

Department of Industrial Policy and Promotion (DIPP) in the Ministry of Commerce and Industry, Government of India makes the Foreign Direct Investment (FDI) Policy of India. The current consolidated FDI policy is contained in the DIPP Circular 1 of 2012. The next edition, which is in the process...

For more than a century, careful readers of the Green Bag have known that “[t]here is nothing sacred in a theory of law...which has outlived its usefulness or which was radically wrong from the beginning...The question is What is the law and what is the true public policy?” Professor Orin...

Against a backdrop of rapidly evolving crisis management in the European financial and sovereign debt crisis this essay aims both to explore and to re-consider the role of law in the EU integration process: What did law accomplish? Where did it fail? What is law going to endure? What kind of...

The financial concept of real options has important consequences in areas of environmental and natural resources law where irreversible decisions are made in the face of uncertainty. This article argues that consideration of real options is necessary to maximize economic return from...

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...

This article was prepared as a contribution to the Chapman Law Review's symposium on “Libertarian Legal Theory.” While libertarian legal theory and law and economics share many affinities there are places in which both the method of the common law and the substantive rules of the common law...

The Internal Revenue Service recently overturned 90 years of United States foreign and tax policy by finalizing and codifying its efforts to report interest income earned at domestic banks for accounts held by nonresident aliens. While the IRS felt its need to collect the data and revenue...