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The Neo-Liberal Turn in Environmental Regulation
Get PDFRegulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” environmental regulation, “procedural” checks are required through regulation and legislation to improve the quality of the market-based and informational neoliberal approaches, including oversight via regulation that ensures accuracy in valuation of natural resources, increases and improves the quality of the information provided by consumers, and requires greater accountability and accuracy from institutions making green claims to consumers
Understanding the Lloyd Moratorium and the Science that Supports It
Get PDFThis article examines the background to the enactment of the Lloyd Moratorium, the role of science, and a discussion of why limits on certain groundwater use are appropriate. Section Two reviews the history of the Lloyd Moratorium and the challenges to it. The role of the State in implementing the moratorium is also considered. Section Three describes the current guidelines for Lloyd well permits. Section Four reviews the vulnerability of the Lloyd aquifer. Section Five discusses the necessity of setting a high bar for Lloyd aquifer access. Section Six concludes with an outline of how the Long Island aquifer system can benefit from comprehensive, science-based management
The Chicago Cubs From 1945: History’s Automatic Out
Get PDFSince 1945, many teams have made it to the World Series and have won. The New York Yankees, Philadelphia/Oakland Athletics, and St. Louis Cardinals have won many. The Boston Red Sox, Chicago White Sox, and San Francisco Giants endured decades-long dry spells before they finally won the World Series. Even expansion teams like the New York Mets, Toronto Blue Jays, Kansas City Royals, and Florida Marlins have won multiple championships. Other expansion teams like the San Diego Padres and Texas Rangers have been to the Fall Classic multiple times, although they did not win. Then we have the Chicago Cubs. The Cubs have not been to a World Series since 1945, and have not won one since 1908. In the seventy years since their last World Series appearance, the Cubs have flirted with a return to the Fall Classic several times. Unfortunately, each time they would suffer some amazing calamity that would stunningly snatch defeat from the grip of victory. This is their story
True Criminal?: An Analysis and Discussion of the Crimes Committed by Detective Rustin Cohle in Season One of HBO’s Mini-Series True Detective
Get PDFThe purpose of this Article is to identify and discuss the numerous laws that Cohle broke during the course of the eight episodes – each episode is discussed separately in Sections II through IX. Here, an extremely important point needs to be made – this Article is not intended to pinpoint exactly how many laws that Cohle would likely be convicted of violating; rather, as is the case generally in the legal profession, many of the actual offenses and charges would be subject to prosecutorial discretion and therefore reasonable minds may disagree with the exact charge. To the extent possible, this Article discusses the potential criminal charges that may be brought against Cohle but clearly understands that the actual number and degree may vary greatly, particularly in different jurisdictions and with different prosecutors. To that end, the Article will only tally and calculate potential state law charges but may make reference to some potential federal crimes where applicable. In an effort to keep track of the various charges and potential maximum sentence, the Article will keep the Cohle Crime Count (“CCC”) and Cohle Maximum Sentence Tally (“CMST”) after each potential charge in the footnotes and will assume a potential consecutive sentence. Further, since the show takes place in three distinct time periods, to avoid any confusion, the current statutes will be cited – even though in criminal proceedings the law at the time of the commission of the crime is applicable and no statute of limitations will apply. Additionally, in Sections II, A. and V, A., the Article will briefly address a few of the more critical legal issues raised in the show. For example, it will posit that Cohle’s entire videotaped interview in 2012 – when he was the subject of an investigation similar to the Dora Lange murder from 1995 – would have been admissible in a subsequent proceeding against him, if any, regardless of the fact that he had been drinking alcohol purchased by and provided to him by the investigating detectives, Detective Maynard Gilbough and Detective Thomas Papania. Moreover, if Cohle was actually charged for any crimes while conducting his rogue investigation in Episodes Four and Five, the Article discusses his potential defense of acting in an undercover capacity and concludes such a defense would likely not be successful. By the end, the Article will quantify, with some degree of specificity, Cohle’s statement that, throughout the course of the show, he did in fact do “terrible things” with impunity
The Customer\u27s Nonwaivable Right to Choose Arbitration in the Securities Industry
Get PDFArbitration has been the predominant form of dispute resolution in the securities industry since the 1980s. Virtually all brokerage firms include predispute arbitration agreements (PDAAs) in their retail customer contracts, and have successfully fought off challenges to their validity. Additionally, the industry has long mandated that firms submit to arbitration at the demand of a customer, even in the absence of a PDAA.
More recently, however, brokerage firms have been arguing that forum selection clauses in their agreements with sophisticated customers (such as institutional investors and issuers) supersede firms\u27 duty to arbitrate under FINRA Rule 12200. Circuit courts currently are split over whether, under general principles of contract interpretation, FINRA member firms can circumvent their duty to arbitrate by inserting forum selection clauses in their customer agreements.
Most of these courts have not addressed the argument that the anti-waiver provision of the Securities Exchange Act of 1934 (section 29(a)) bars securities firms from forcing customers to waive their right to arbitrate disputes. The Supreme Court long ago interpreted section 29(a) to apply to waivers of substantive rights arising under the Exchange Act. Is the right to arbitrate in the FINRA forum, which is heavily regulated by the SEC to promote investor protection, a right that cannot be waived?
This Article will explore the interaction between the anti-waiver provision of the Exchange Act, and the right of a customer to demand a particular dispute resolution process. This Article argues that investors\u27 long-standing right to choose arbitration in the securities industry is a right that brokerage firms cannot force their customers to waive
The Two Laws of Sex Stereotyping
Get PDFThis Article offers two main contributions to the study of sex stereotyping. First, it identifies an organizing principle that explains why some forms of sex stereotyping are today legally prohibited while others are not. Second, it argues for a shift in the current rights framework--from equal opportunity to individual liberty--that could assist courts and other legal actors to appreciate the harms of currently permissible forms of sex stereotyping. Commentators and courts have long observed that the law of sex stereotyping has many inconsistencies. For instance, it is lawful today for the state to require that unwed biological fathers, but not mothers, establish a relationship with a child as a condition for parental rights, but it is unlawful to exclude fathers from the category of “primary caregiver” for medical leave purposes. It is lawful to deny a female guard a position at an all-male prison but unlawful to refuse to hire a woman as a researcher for a physics clinic. It is lawful to post a “men only” sign on a bathroom door but unlawful to post the same sign on a courthouse door. This Article offers an organizing principle that explains these seeming inconsistencies. The main thesis is that there are today two primary branches of sex-stereotyping law: one that prohibits stereotyping and one that permits it. The prohibiting branch reflects an event in antidiscrimination law that began in the 1960s and involved integrating the private sphere of the family with the public spheres of the market and political life. This event involved three steps: (1) a new rationale regarding the harm of sex stereotyping--anti-subordination; (2) a new concept of gender--gender role; and (3) anew articulation of an equality principle--equal opportunity for women to participate in the market and for men to participate in domestic activities. These shifts produced statutes and decisions that rejected traditional division-of-labor stereotyping. In the same years, however, a parallel branch of permissible sex stereotyping flourished. This branch includes mandatory appearance codes in the workplace, schools, and prisons; denial of parental rights of unwed fathers; and sex segregation in bathrooms, locker rooms, prisons, and the military. This Article argues for a shift of focus in the law of sex stereotyping. It underscores the limits of an equal opportunity framework and argues that an individual liberty framework better captures the harms of many individuals who are today subjected to currently lawful forms of body stereotyping
FINRA Dispute Resolution Task Force Releases Its Final Report, with Support for Mediation and Live Hearings
Get PDFThis article briefly describes the task force’s formation; highlights its key recommendations (such as requiring mediation before arbitration of all claims—subject to party opt-out, and introducing a more affordable, live hearing option for small claims); analyzes in more detail a few more controversial suggestions (such as expressly banning class action waivers in customer agreements and increasing the use of explained awards), and critiques the task force’s inability to reach consensus on other hot-button issues, such as mandatory arbitration
Synergistic Effects of Market Orientation Implementation and Internalization Levels and its Impact on Firm Performance: An Empirical Analysis Leading to Forms of Market Orientation
No full textThe purpose of this study is to examine the synergistic effects of market orientation implementation and internalization on firm performance, specifically financial performance and customer service performance. Market orientation implementation component enables firms to sense and respond to customer needs effectively while market orientation internalization component allows the firm to internalize a shared set of market oriented norms and values at the cultural level. Another objective of the study is to analyze if various forms of market orientation exist based on implementation and internalization levels exhibited by firms. Market orientation practices of firms in a direct mail service provider industry are analyzed. Market orientation internalization is introduced as a mediator between market orientation implementation and firm performance relationship. In addition, the effect of learning orientation is also considered as a moderator that strengthens the relationship between market orientation implementation and market orientation internalization. Theoretical predictions of Kirca, Bearden, and Hult (2011) conceptual model are empirically tested. The firms are clustered into one of the four forms of market orientation based on varying levels of implementation and internalization. The inter-relationships between forms of market orientation and its differential effects on various performance measures are analyzed. Overall, the results suggest that firms that practice high levels of implementation and internalization perform better in both financial performance and customer service performance. Results also suggest that performance metrics vary depending on the form of market orientation
Reducing Complexity of Diagnostic Message Pattern Specification and Recognition with Semantic Techniques
No full textDifferent companies in the same line of business can have similar computer systems with built-in diagnostic routines, and the ability to regularly send error-driven or event-driven environmental diagnostic messages in XML back to the system manufacturer. The system manufacturer typically uses these to determine faults in the system. The outcome of this troubleshooting can also assist end-users and clients in solving problems, and provide the production team valuable information that can be used to improve future versions of the product. A company merger could lead to the same team processing diagnostic messages from similar but different products, in different syntax, leading to the complexity of specifying and maintaining diagnostic message pattern specification and recognition for many different syntaxes. This research reduces the above complexity by extending ISO Schematron, the industry standard language for XML semantic constraints specification and validation, with conceptual rules. Pace University Knowledge Graphs are used to describe the concepts or classes relevant to the diagnostic messages of a system, and the new conceptual Schematron rules are introduced to specify diagnostic patterns on these concepts. Such conceptual diagnostic patterns are then converted automatically into concrete Schematron rules based on the syntax of the specific diagnostic messages. A complete prototype was designed and implemented to validate this new methodology