Recently added articles from Yale Journal on Regulation:
Hedging the IRS-A Policy Justification for Excluding Liability and Insurance Proceeds
Jan 01, 2009; ... Uncertainty about tax results is an ever-present obstacle to business transactions despite the extensive number of Internal Revenue Code sections and Treasury Regulations. Some insurance companies now provide an insurance product to protect taxpayers against adverse tax consequences from ...
Airport Congestion: When Theory Meets Reality
Jan 01, 2009; ... Some airports experience significant congestion at least some of the time, where "congestion" means that use of the airport by one aircraft delays or prevents use of the airport in that time slot by another. Another way to say this is that airport access can be scarce. Virtually all economists ...
Regulation and Scholarship: Constant Companions or Occasional Bedfellows?
Jan 01, 2009; ... When does original academic scholarship about the law and capital markets influence financial regulation? We suggest that capital market regulators often are driven by scholarly findings in the fields of finance and law to launch important new regulatory initiatives. However, we argue that ...
Reforming Interconnection Queue Management Under FERC Order No. 2003
Jan 01, 2009; ... The recent surge in renewable energy development has underscored the difficulties faced by electric transmission providers in providing grid access to a growing number of electric power developers. In many regions of the nation, interconnection queues are severely backlogged, with hundreds of ...
NETWORK NEUTRALITY AND THE FALSE PROMISE OF ZERO-PRICE REGULATION
Jul 01, 2008; ... This Article examines zero-price regulation, the major distinguishing feature of many modern "network neutrality" proposals. A zero-price rule prohibits a broadband Internet access provider from charging an application or content provider (collectively, "content provider") to send information to ...
Regulation and Scholarship: Constant Companions or Occasional Bedfellows?
Jul 01, 2008; ... Introduction Capital market regulators often, but not always, are driven to launch their most important new regulatory initiatives by scholarly findings in the fields of finance and law and economics. Sometimes exciting and original social science scholarship that relates to the law and ...
Yale Journal on Regulation Twenty-Fifth Anniversary
Jul 01, 2008; ... Introduction This volume marks the twenty-fifth anniversary of the Yale Journal on Regulation. In commemoration of the occasion, the Journal hosted a reunion celebration on April 25, 2008. Numerous alumni from throughout the Journal's history gathered together with current editors and ...
Bringing Financial Services Regulation into the Twenty-First Century
Jul 01, 2008; ... A gracious good evening to you. I am pleased to help celebrate the twenty-fifth anniversary of the Yale Journal on Regulation. Over the past twenty-five years, the Yale Journal on Regulation has published hundreds of thoughtful articles on a wide array of regulatory issues-such as ...
Theory and Practice
Jul 01, 2008; ... As the fellow who had the temerity to launch this enterprise-with the collaboration of exceptionally talented co-conspirators-I want to say first how delighted I am that the Yale Journal on Regulation has thrived for so long and is today what we hoped it would be: a forum for scholarship of ...
Competition Policy and the Incentive to Innovate: The Dynamic Effects of Microsoft v. Commission
Jul 01, 2008; ... Microsoft v. Commission indicates a shift in competition policy at the expense of protections for intellectual property. The case applies "essential facilities" arguments to Microsoft's server operating system and "tying" arguments to its Windows Media Player. The dynamic effects of Microsoft v ....
The Truth, The Whole Truth, and Nothing but the Truth: Fulfilling the Promise of Truth in Lending
Jul 01, 2008; ... Evaluating the cost of credit and comparison shopping in the modern credit environment can be a daunting task, even for the most sophisticated shoppers. Lenders increasingly unbundle the costs of their loans from the interest rate into an array of fees, outsource their overhead to third parties ...
Remarks at the Twenty-Fifth Anniversary Dinner of the Yale Journal on Regulation
Jul 01, 2008; ... This is a very exciting evening for me. It is one thing to participate in starting a new institution, with all of the attendant excitement, inevitable frustrations and, hopefully, ultimate success. It is quite another to see that twenty-five years later, that institution continues to exist, to ...
Counter-Cyclical Enforcement of Corporate Law
Jan 01, 2008; ... Corporate and securities laws are seen as mitigating corporate fraud by manipulating the incentives of agents: presenting corporate agents with a probability of being caught and punished if they commit fraud. This Article suggests that the same laws also affect corporate fraud in a significant ...
The SEC Regulation of Takeovers: Some Doubts from a Game Theory Perspective and a Proposal for Reform
Jan 01, 2008; ... This Article shows that in cases where shareholders subject to partial takeover bids lack information about the tendering decisions of their peers, such shareholders might accept detrimental tender offers. This outcome could be improved by way of a slight change in the rules of the game. We ...
Introductory Comment
Jan 01, 2008; ... Symposium: Reflections on Executive Order 13,422 This Symposium evaluates President Bush's January 2007 amendments to the Executive Order governing the White House regulatory review process. ' A brief review of the current process will provide context to evaluate the recent changes. All ...
The Rhetoric and Reality of Regulatory Reform
Jan 01, 2008; ... Executive Order (E.O.) 13,422 leaves in place most of the existing review process established earlier under Presidents Reagan through Clinton. But it makes several controversial changes to Clinton's E.O., such as requiring that agencies specify in writing the regulatory problems they seek to ...
Soft Law Reform or Executive Branch Hardball: The Ambiguous Message of Executive Order 13,422
Jan 01, 2008; ... Imagine that Executive Order (E.O.) 13,422 had been issued by President Al Gore, accompanied by the following press release: Regulation by executive branch and independent agencies of the federal government has become a defining feature of the American administrative state. Over the past ...
The Economic Significance of Executive Order 13,422
Jan 01, 2008; ... Executive Order (E.O.) 13,422 is remarkably short, covering barely more than two pages and consisting primarily of a series of small wording changes and insertions into President Clinton's E.O. 12,866 that established the current regime of mandatory benefit-cost analysis for regulations ...
The Reformed CFIUS Regulatory Framework: Mediating Between Continued Openness to Foreign Investment and National Security
Jan 01, 2008; ... Introduction The regulatory regime that governs the national security review of foreign acquisitions of U.S. companies has drawn significant attention recently as a result of several high-profile transactions. In 2005, the proposed acquisition of U.S. energy giant Unocal by a subsidiary ...
Due Process and Management for Guidance Documents: Good Governance Long Overdue
Jan 01, 2008; ... On January 18, 2007, President Bush signed amendments to clarify and strengthen Executive Order (E.O.) 12,866, which President Clinton had issued to update principles for inter-agency planning and review of regulations. The most important provisions of President Bush's E.O. 13,422 clearly extend ...