首页 > 最新文献

Law & Society: Civil Procedure eJournal最新文献

英文 中文
A Theoretical and Empirical Study of Forum Shopping in Diversity Cases 多元案例下论坛购物的理论与实证研究
Pub Date : 2014-08-18 DOI: 10.2139/ssrn.1989250
N. Sukhatme
An underappreciated consequence of diversity jurisdiction is that it can promote forum shopping within the federal court system. I develop a general model of forum shopping, which I then test with 532,097 federal diversity cases terminating between 1988 and 2011. Confirming a testable prediction of my model, I find that parties (particularly corporations) who litigate outside of their home state settle cases more often than parties who litigate at home. My results are robust under a variety of specifications, including ones with fixed effects for plaintiff home state, years of suit filing and termination, forum, and case type.
多元化司法管辖权的一个未被充分认识的后果是,它可以促进联邦法院系统内的法院选择。我开发了一个法庭购买的通用模型,然后用1988年至2011年间终止的532,097个联邦多样性案件对其进行了测试。为了证实我的模型的一个可测试的预测,我发现在其家乡以外提起诉讼的当事人(尤其是公司)比在家乡提起诉讼的当事人更容易达成和解。我的结果在各种规格下都是可靠的,包括对原告所在州、诉讼提起和终止的年份、诉讼地和案件类型具有固定影响的规格。
{"title":"A Theoretical and Empirical Study of Forum Shopping in Diversity Cases","authors":"N. Sukhatme","doi":"10.2139/ssrn.1989250","DOIUrl":"https://doi.org/10.2139/ssrn.1989250","url":null,"abstract":"An underappreciated consequence of diversity jurisdiction is that it can promote forum shopping within the federal court system. I develop a general model of forum shopping, which I then test with 532,097 federal diversity cases terminating between 1988 and 2011. Confirming a testable prediction of my model, I find that parties (particularly corporations) who litigate outside of their home state settle cases more often than parties who litigate at home. My results are robust under a variety of specifications, including ones with fixed effects for plaintiff home state, years of suit filing and termination, forum, and case type.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115444826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Robbing a Barren Vault: The Implications of Dukes v. Wal-Mart for Cases Challenging Subjective Employment Practices 抢劫一个荒芜的金库:Dukes诉沃尔玛对挑战主观雇佣行为案件的启示
Pub Date : 2014-04-04 DOI: 10.2139/ssrn.1995238
Elizabeth Tippett
This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across all employers. Fortune 100 companies faced a substantial risk – about 15% – of being subject to such a suit between 2005 and 2011 These mega-class actions are unlikely to withstand the more stringent certification standard articulated in Wal-Mart. I discuss the potential policy implications of a litigation landscape in which the very largest disparate impact and pattern or practice class actions are no longer viable. I observe that the public value of these mega-class actions is difficult to assess because the plaintiffs were never forced to prove the availability of a less discriminatory selection procedure. I then offer potential regulatory options to address the overall dearth of cases challenging subjective employment practices and the problematic employer incentives generated by Wal-Mart.
本文以“差别影响”或“模式或实践”理论为依据,考察了2005年至2011年联邦政府对主观雇佣实践提出的质疑,以评估Dukes诉沃尔玛案对此类案件可能产生的影响。尽管沃尔玛案的裁决有利于雇主,但结果表明,这一裁决对雇主选择实践的影响将被此类索赔的低流行率所削弱。普通雇主与此类索赔相关的诉讼风险是如此之小,以至于我猜测他们很少检查或改变自己的主观选择做法。然而,挑战主观雇佣行为的诉讼风险在所有雇主中并不相同。《财富》100强企业在2005年至2011年间面临着面临此类诉讼的巨大风险(约15%)。这些大型集体诉讼不太可能经受得住沃尔玛所提出的更为严格的认证标准。我讨论了诉讼环境的潜在政策影响,其中最大的差异影响和模式或实践集体诉讼不再可行。我注意到,这些大型集体诉讼的公共价值很难评估,因为原告从未被迫证明存在一种歧视性较低的选择程序。然后,我提出了潜在的监管选择,以解决挑战主观雇佣实践的案例总体缺乏以及沃尔玛产生的有问题的雇主激励。
{"title":"Robbing a Barren Vault: The Implications of Dukes v. Wal-Mart for Cases Challenging Subjective Employment Practices","authors":"Elizabeth Tippett","doi":"10.2139/ssrn.1995238","DOIUrl":"https://doi.org/10.2139/ssrn.1995238","url":null,"abstract":"This article examines federal opinions from 2005-2011 challenging subjective employment practices under a 'disparate impact' or 'pattern or practice' theory to assess the likely impact of Dukes v. Wal-Mart on such cases. Although the Wal-Mart ruling favors employers, results suggest that the ruling’s effect on employer selection practices will be muted by the low prevalence of such claims. An average employer’s litigation risk in connection with such claims is so vanishingly small that I surmise they rarely examine or alter their subjective selection practices in response. However, the risk of a lawsuit challenging subjective employment practices was not homogenous across all employers. Fortune 100 companies faced a substantial risk – about 15% – of being subject to such a suit between 2005 and 2011 These mega-class actions are unlikely to withstand the more stringent certification standard articulated in Wal-Mart. I discuss the potential policy implications of a litigation landscape in which the very largest disparate impact and pattern or practice class actions are no longer viable. I observe that the public value of these mega-class actions is difficult to assess because the plaintiffs were never forced to prove the availability of a less discriminatory selection procedure. I then offer potential regulatory options to address the overall dearth of cases challenging subjective employment practices and the problematic employer incentives generated by Wal-Mart.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"201 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126967669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Evidence in Competition Law 竞争法中的证据
Pub Date : 2013-10-07 DOI: 10.2139/ssrn.2337183
M. Laskowska
This paper first discusses the object of evidence, and then rules of evidence and evidential proceeding before finally analysing various types of proof, all with reference to competition law.
本文以竞争法为参考,首先论述了证据对象,然后论述了证据规则和证据程序,最后分析了各种类型的证据。
{"title":"Evidence in Competition Law","authors":"M. Laskowska","doi":"10.2139/ssrn.2337183","DOIUrl":"https://doi.org/10.2139/ssrn.2337183","url":null,"abstract":"This paper first discusses the object of evidence, and then rules of evidence and evidential proceeding before finally analysing various types of proof, all with reference to competition law.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124691640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Case Study in Patent Litigation Transparency 专利诉讼透明度案例研究
Pub Date : 2013-10-01 DOI: 10.2139/SSRN.2334417
Bernard H. Chao, Derigan A. Silver
The courts have long recognized a general right to inspect and copy judicial documents. Yet, large swaths of filings in patent litigations are often inaccessible. This article takes a closer look at this phenomenon by examining a single case. The Monsanto v. DuPont dispute over genetically modified Roundup resistant crops was chosen because of the impact it has on both agribusiness and patent law. The $1 billion award against DuPont will undoubtedly shape the future of the market for genetically modified crops. Moreover, because the award was issued before a single infringing seed was sold, the case raises novel patent remedy issues. This article assesses how transparent this landmark case was from two perspectives. Initially, it measures the nature and quantity of documents filed under seal. Next, this article selectively drills down on three different phases of the litigation, the pleadings, summary judgment and trial, to provide a more nuanced understanding of what the public cannot see. The results show a case that was fought largely in secret except for trial which was mostly open. Approximately 34% of the 1,697 of the filings listed in the PACER docket were filed under seal. This includes many of the key filings and court decisions. Moreover, the large majority of these secrets filings were made without any judicial oversight. It may be that the court simply did not have the resources to review all the applications to seal in this massive case. But regardless of the cause, this case highlights a recurring problem in patent litigation; the rampant sealing of documents of significant importance to the public.
法院长期以来一直承认查阅和复制司法文书的一般权利。然而,大量的专利诉讼文件往往是无法获取的。本文通过分析一个案例来深入研究这一现象。孟山都诉杜邦转基因抗农达作物之争之所以被选中,是因为它对农业综合企业和专利法都有影响。针对杜邦公司的10亿美元赔偿金无疑将塑造转基因作物市场的未来。此外,由于该裁决是在单个侵权种子被出售之前发布的,因此该案件提出了新的专利救济问题。本文从两个角度评估了这一具有里程碑意义的案件的透明度。最初,它衡量的是密封文件的性质和数量。接下来,本文有选择地深入探讨了诉讼的三个不同阶段,即诉状、即决判决和审判,以提供对公众看不到的东西的更细致的理解。结果显示,除了公开审判外,这起案件基本上是秘密进行的。PACER摘要中列出的1,697份文件中约有34%是密封提交的。这包括许多关键文件和法院判决。此外,这些机密文件中的绝大多数是在没有任何司法监督的情况下提交的。也许法院根本没有足够的资源来审查所有的申请,以便在这个庞大的案件中盖章。但无论原因如何,这起案件凸显了专利诉讼中一个反复出现的问题;对公众具有重要意义的文件的猖獗封存。
{"title":"A Case Study in Patent Litigation Transparency","authors":"Bernard H. Chao, Derigan A. Silver","doi":"10.2139/SSRN.2334417","DOIUrl":"https://doi.org/10.2139/SSRN.2334417","url":null,"abstract":"The courts have long recognized a general right to inspect and copy judicial documents. Yet, large swaths of filings in patent litigations are often inaccessible. This article takes a closer look at this phenomenon by examining a single case. The Monsanto v. DuPont dispute over genetically modified Roundup resistant crops was chosen because of the impact it has on both agribusiness and patent law. The $1 billion award against DuPont will undoubtedly shape the future of the market for genetically modified crops. Moreover, because the award was issued before a single infringing seed was sold, the case raises novel patent remedy issues. This article assesses how transparent this landmark case was from two perspectives. Initially, it measures the nature and quantity of documents filed under seal. Next, this article selectively drills down on three different phases of the litigation, the pleadings, summary judgment and trial, to provide a more nuanced understanding of what the public cannot see. The results show a case that was fought largely in secret except for trial which was mostly open. Approximately 34% of the 1,697 of the filings listed in the PACER docket were filed under seal. This includes many of the key filings and court decisions. Moreover, the large majority of these secrets filings were made without any judicial oversight. It may be that the court simply did not have the resources to review all the applications to seal in this massive case. But regardless of the cause, this case highlights a recurring problem in patent litigation; the rampant sealing of documents of significant importance to the public.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115776898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Pro-Business and Anti-Efficiency: How Conservative Procedural 'Innovations' Have Made Litigation Slower, More Expensive, and Less Efficient 亲商与反效率:保守的程序“创新”如何使诉讼变得更慢、更昂贵、效率更低
Pub Date : 2013-05-09 DOI: 10.2139/ssrn.2291519
Michael B. Eisenkraft, J. Richards
An analysis of the causes and effects of changes in civil procedure in U.S. courts.
美国法院民事诉讼程序变化的原因和影响分析。
{"title":"Pro-Business and Anti-Efficiency: How Conservative Procedural 'Innovations' Have Made Litigation Slower, More Expensive, and Less Efficient","authors":"Michael B. Eisenkraft, J. Richards","doi":"10.2139/ssrn.2291519","DOIUrl":"https://doi.org/10.2139/ssrn.2291519","url":null,"abstract":"An analysis of the causes and effects of changes in civil procedure in U.S. courts.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122045962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Taming Credit Card Fees by Requiring the Biggest Banks to Compete for Merchant Acceptance: An Inter-Bank Competitive Model 通过要求最大的银行竞争商家接受来控制信用卡费用:银行间竞争模式
Pub Date : 2013-02-24 DOI: 10.2139/SSRN.2223518
Steven Semeraro
In the multi-district class action In re: Payment Card Interchange Fee and Merchant Discount Antitrust Litigation merchants claim that the fees they pay to accept Visa and MasterCard cards are too high because the banks issuing those cards do not compete for card acceptance. Because so many of their customers rely on Visa and MasterCard cards, the merchants contend that they cannot stop accepting either brand in toto. They would risk losing too many customers. But if the banks had to compete with each other, the merchants believe, they might credibly threaten to refuse one bank’s cards, forcing it to lower its acceptance fees. The merchants also contend that they could apply competitive pressure on the card-issuing banks by steering their customers to payment mechanisms that are less expensive than credit cards. Visa and MasterCard, however, prohibit merchants from pursuing these strategies. Without the ability to spur competition, the merchants contend, the card networks’ default interchange fee is the proverbial offer they can’t refuse.In 2005, the merchants filed a class action alleging that the card networks’ rules restrained competition on card acceptance fees and thus violated the antitrust laws. After seven years of litigation and negotiation, the case has entered a settlement phase. Visa and MasterCard have offered to (1) pay the merchants approximately $7.25 billion and (2) relax their rules restraining merchants from steering their customers toward less expensive payment mechanisms. The proposed settlement, however, would not alter the rules requiring merchants to accept all Visa or MasterCard credit cards regardless of the issuing bank.This article shows that simply empowering merchants to steer customers to less expensive payment mechanisms through discounting or surcharging cannot sufficiently address the competitive problem with card acceptance fees. Restrictions in the settlement would likely prevent most merchants from using these competitive devices, and if merchants were given unfettered discretion to steer their customers, consumers could be worse off than they are now. Merchants should instead be empowered to accept credit cards on an issuer-by-issuer basis. This intuitively obvious solution has traditionally been criticized on the ground that it would undermine the efficiency of the credit card system. The dramatic growth and popularity of credit card networks demonstrates, the critics argue, that they have been doing something right. Compelling millions of card-accepting merchants to enter individual fee agreements with thousands of card-issuing banks would impose transaction costs swamping any possible savings from more competitive interchange fee setting. And the patchwork of card acceptance could frustrate and anger cardholders.This article proposes an inter-bank competitive model that would produce virtually all of the benefits of issuer-based-acceptance-fee competition with virtually none of the feared inefficiencies. V
在涉及多个地区的集体诉讼中:支付卡交换费和商家折扣反垄断诉讼,商家声称他们为接受Visa和万事达卡支付的费用太高,因为发行这些卡的银行不竞争信用卡接受。因为很多顾客都依赖维萨卡和万事达卡,这些商家声称他们不能停止接受这两个品牌。他们可能会失去太多客户。但是,如果银行不得不相互竞争,商人们相信,他们可能会可信地威胁拒绝一家银行的信用卡,迫使其降低接受费用。这些商家还辩称,他们可以通过引导客户使用比信用卡更便宜的支付机制,向发卡银行施加竞争压力。然而,Visa和万事达禁止商家采取这些策略。商家认为,如果没有能力刺激竞争,信用卡网络的默认交换费是他们无法拒绝的。2005年,这些商家提起集体诉讼,指控信用卡网络的规定限制了信用卡手续费的竞争,违反了反垄断法。经过7年的诉讼和谈判,此案已进入和解阶段。Visa和万事达已提出(1)向商户支付约72.5亿美元,(2)放宽限制商户引导客户使用更便宜支付机制的规定。然而,拟议的和解方案不会改变要求商家接受所有Visa或万事达信用卡的规定,而不管发卡银行是谁。本文表明,仅仅授权商家通过折扣或附加费来引导客户使用更便宜的支付机制,并不能充分解决信用卡接受费的竞争问题。和解中的限制可能会阻止大多数商家使用这些竞争性设备,如果商家被赋予不受约束的自由裁量权来引导他们的客户,消费者的处境可能会比现在更糟。相反,商家应该被授权在每个发卡机构的基础上接受信用卡。这种显而易见的解决方案历来受到批评,理由是它会破坏信用卡系统的效率。批评人士认为,信用卡网络的急剧增长和普及表明,它们一直在做正确的事情。迫使数百万接受信用卡的商家与数千家发卡银行签订单独的收费协议,将会增加交易成本,远远超过更具竞争力的交换费设定可能带来的任何节省。而信用卡接受度的参差不齐可能会让持卡人感到沮丧和愤怒。本文提出了一种银行间竞争模型,该模型将产生基于发行者的承兑费竞争的几乎所有好处,而几乎没有令人担心的低效率。Visa和万事达将被允许继续像现在一样运作,但有一个例外——任何商户都可以坚持要求四大发卡银行中的一家或多家向其提供低于网络违约率的双边卡受理费。用这种银行间竞争模式取代拟议解决方案中的客户导向条款,并修改放行条款,以排除与不可预见的市场条件有关的反竞争行为,这可能会满足反对的商家,从而使法院能够相对较快地批准,从而结束信用卡市场多年来持续不断的诉讼。与提议的解决方案相比,它也更有可能给信用卡接受费市场带来真正意义上的竞争。
{"title":"Taming Credit Card Fees by Requiring the Biggest Banks to Compete for Merchant Acceptance: An Inter-Bank Competitive Model","authors":"Steven Semeraro","doi":"10.2139/SSRN.2223518","DOIUrl":"https://doi.org/10.2139/SSRN.2223518","url":null,"abstract":"In the multi-district class action In re: Payment Card Interchange Fee and Merchant Discount Antitrust Litigation merchants claim that the fees they pay to accept Visa and MasterCard cards are too high because the banks issuing those cards do not compete for card acceptance. Because so many of their customers rely on Visa and MasterCard cards, the merchants contend that they cannot stop accepting either brand in toto. They would risk losing too many customers. But if the banks had to compete with each other, the merchants believe, they might credibly threaten to refuse one bank’s cards, forcing it to lower its acceptance fees. The merchants also contend that they could apply competitive pressure on the card-issuing banks by steering their customers to payment mechanisms that are less expensive than credit cards. Visa and MasterCard, however, prohibit merchants from pursuing these strategies. Without the ability to spur competition, the merchants contend, the card networks’ default interchange fee is the proverbial offer they can’t refuse.In 2005, the merchants filed a class action alleging that the card networks’ rules restrained competition on card acceptance fees and thus violated the antitrust laws. After seven years of litigation and negotiation, the case has entered a settlement phase. Visa and MasterCard have offered to (1) pay the merchants approximately $7.25 billion and (2) relax their rules restraining merchants from steering their customers toward less expensive payment mechanisms. The proposed settlement, however, would not alter the rules requiring merchants to accept all Visa or MasterCard credit cards regardless of the issuing bank.This article shows that simply empowering merchants to steer customers to less expensive payment mechanisms through discounting or surcharging cannot sufficiently address the competitive problem with card acceptance fees. Restrictions in the settlement would likely prevent most merchants from using these competitive devices, and if merchants were given unfettered discretion to steer their customers, consumers could be worse off than they are now. Merchants should instead be empowered to accept credit cards on an issuer-by-issuer basis. This intuitively obvious solution has traditionally been criticized on the ground that it would undermine the efficiency of the credit card system. The dramatic growth and popularity of credit card networks demonstrates, the critics argue, that they have been doing something right. Compelling millions of card-accepting merchants to enter individual fee agreements with thousands of card-issuing banks would impose transaction costs swamping any possible savings from more competitive interchange fee setting. And the patchwork of card acceptance could frustrate and anger cardholders.This article proposes an inter-bank competitive model that would produce virtually all of the benefits of issuer-based-acceptance-fee competition with virtually none of the feared inefficiencies. V","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127112062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Inflation-Based Adjustments in Federal Civil Monetary Penalties 基于通货膨胀的联邦民事罚金调整
Pub Date : 2012-09-18 DOI: 10.2139/SSRN.2148650
J. Chen
Civil monetary penalties play a vital role in federal law. The Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410, prescribes rules for the regular adjustment of federal civil monetary penalties in response to inflation. Three statutory defects have undermined the Inflation Adjustment Act. First, the Act's 10 percent cap on initial adjustments creates an "inflation gap" relative to the level that would properly reflect inflation. Second, the Act directs federal agencies to use Consumer Price Index data that are at least 7 months and as many as 18 months out of date. This creates "CPI lag" in the adjustment of civil monetary penalties. Third, the Act's rounding rules can force some agencies to wait 15 years or more between adjustments.Originally prepared as a report for the Administrative Conference of the United States, this article examines the Inflation Adjustment Act and recommends possible legislative remedies for the Act's defects.
民事罚金在联邦法律中占有重要地位。《1990年联邦民事处罚通货膨胀调整法》。L.第101-410号规定了针对通货膨胀定期调整联邦民事罚金的规则。三个法定缺陷破坏了《通货膨胀调整法案》。首先,该法案规定的10%的初始调整上限,相对于适当反映通胀的水平,造成了一个“通胀缺口”。其次,该法案指示联邦机构使用至少7个月至18个月的消费者价格指数数据。这就造成了民事罚金调整的“CPI滞后”。第三,该法案的四舍五入规则可能会迫使一些机构在调整之间等待15年或更长时间。这篇文章最初是为美国行政会议编写的一份报告,它审查了《通货膨胀调整法》,并就该法案的缺陷提出了可能的立法补救办法。
{"title":"Inflation-Based Adjustments in Federal Civil Monetary Penalties","authors":"J. Chen","doi":"10.2139/SSRN.2148650","DOIUrl":"https://doi.org/10.2139/SSRN.2148650","url":null,"abstract":"Civil monetary penalties play a vital role in federal law. The Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410, prescribes rules for the regular adjustment of federal civil monetary penalties in response to inflation. Three statutory defects have undermined the Inflation Adjustment Act. First, the Act's 10 percent cap on initial adjustments creates an \"inflation gap\" relative to the level that would properly reflect inflation. Second, the Act directs federal agencies to use Consumer Price Index data that are at least 7 months and as many as 18 months out of date. This creates \"CPI lag\" in the adjustment of civil monetary penalties. Third, the Act's rounding rules can force some agencies to wait 15 years or more between adjustments.Originally prepared as a report for the Administrative Conference of the United States, this article examines the Inflation Adjustment Act and recommends possible legislative remedies for the Act's defects.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125457729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
An Analysis of a Court's Decision to Deny Injunctive Relief to Michael McAdoo 法院驳回迈克尔·麦卡杜禁令救济的判决分析
Pub Date : 2011-07-29 DOI: 10.2139/SSRN.1956570
Timothy Liam Epstein
This article discusses the denial of UNC's defensive end Michael McAdoo's request for permanent injunction. McAdoo was found ineligible due to accepting money from an agent, which he claims he did not realize he was receiving, and for academic violations. Although he was denied permanent injunction there is an NCAA hearing scheduled for October.
本文讨论了拒绝联合国军防守端迈克尔·麦卡杜的永久禁令请求。麦卡杜被判不合格,因为他从经纪人那里接受了钱,他声称他没有意识到他收到了钱,还有学术违规。尽管他被拒绝了永久禁令,但NCAA定于10月举行听证会。
{"title":"An Analysis of a Court's Decision to Deny Injunctive Relief to Michael McAdoo","authors":"Timothy Liam Epstein","doi":"10.2139/SSRN.1956570","DOIUrl":"https://doi.org/10.2139/SSRN.1956570","url":null,"abstract":"This article discusses the denial of UNC's defensive end Michael McAdoo's request for permanent injunction. McAdoo was found ineligible due to accepting money from an agent, which he claims he did not realize he was receiving, and for academic violations. Although he was denied permanent injunction there is an NCAA hearing scheduled for October.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122001357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Competition as a Discovery Procedure: A Rejoinder to Professor Kirzner and Others on Coordination and Discovery 竞争作为一种发现程序:对Kirzner教授等人关于协调与发现的回答
Pub Date : 2011-06-30 DOI: 10.2139/SSRN.1875243
D. Klein
The Fall 2010 issue of the Journal of Private Enterprise featured a complicated set of papers (link to the issue). The lead article was a long paper by Jason Briggeman and me, on Israel Kirzner’s work on coordination and discovery. The thrust of our paper was an affirmation of Kirzner’s central claims, but with two alterations. First, we propose that the coordination that figures into the central issues ought to be understood as what we call concatenate coordination. Second, the central statements at issue ought not be asserted as holding 100 percent of the time, but rather should be by-and-large statements, making for a strong presumption, not a categorical result. Israel Kirzner then replied to our paper. The pair of papers was then the object of commentary by Peter Boettke and Daniel D’Amico, Steven Horwitz, Gene Callahan, and Martin Ricketts. Here, I respond to Kirzner, and, in an appendix, more briefly to the others.
《私营企业杂志》2010年秋季刊刊登了一组复杂的论文(链接到本期)。第一篇文章是我和杰森·布里格曼写的一篇长文,是关于伊斯雷尔·柯兹纳在协调和发现方面的工作。我们论文的主旨是肯定柯兹纳的中心观点,但有两点改变。首先,我们建议,涉及核心问题的协调应被理解为我们所说的串联协调。其次,争论中的中心陈述不应该被断言为百分之百成立,而应该是总体上的陈述,形成一个强有力的假设,而不是一个绝对的结果。Israel Kirzner随后回复了我们的报纸。这两篇论文当时是彼得·勃特克和丹尼尔·达米科、史蒂文·霍维茨、吉恩·卡拉汉和马丁·里基茨评论的对象。在这里,我回应柯兹纳,并在附录中更简要地回应其他人。
{"title":"Competition as a Discovery Procedure: A Rejoinder to Professor Kirzner and Others on Coordination and Discovery","authors":"D. Klein","doi":"10.2139/SSRN.1875243","DOIUrl":"https://doi.org/10.2139/SSRN.1875243","url":null,"abstract":"The Fall 2010 issue of the Journal of Private Enterprise featured a complicated set of papers (link to the issue). The lead article was a long paper by Jason Briggeman and me, on Israel Kirzner’s work on coordination and discovery. The thrust of our paper was an affirmation of Kirzner’s central claims, but with two alterations. First, we propose that the coordination that figures into the central issues ought to be understood as what we call concatenate coordination. Second, the central statements at issue ought not be asserted as holding 100 percent of the time, but rather should be by-and-large statements, making for a strong presumption, not a categorical result. Israel Kirzner then replied to our paper. The pair of papers was then the object of commentary by Peter Boettke and Daniel D’Amico, Steven Horwitz, Gene Callahan, and Martin Ricketts. Here, I respond to Kirzner, and, in an appendix, more briefly to the others.","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123876831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Better Regulation by Appeal 通过上诉加强监管
Pub Date : 2010-11-10 DOI: 10.54648/euro2011035
W. Voermans, Y. Schuurmans
This paper looks into the way in which appeal and judicial review by the European Union (EU) Courts are or can be (made) instrumental to Better Regulation (BR). We examine the way EU Courts review EU legislation before and after the Lisbon Treaty and try to think through the possible consequences the Treaty changes of 2009 have. On this occasion, we take a closer look at the interesting and more or less parallel development of judicial review of non-primary legislation in the United States under the Administrative Procedure Act and the way judiciary review on individual appeal has been transformed into a cornerstone for BR. Is a similar development probable, if indeed advisable, in the EU?
本文探讨了欧盟(EU)法院的上诉和司法审查是或可以(使)有助于更好地监管(BR)的方式。我们考察了欧盟法院在《里斯本条约》之前和之后审查欧盟立法的方式,并试图思考2009年条约变更可能产生的后果。在此,我们仔细考察了美国《行政程序法》下的非初级立法司法审查的有趣的、或多或少平行的发展,以及个人上诉司法审查如何转变为BR的基石。在欧盟,类似的发展是否可能(如果确实明智的话)?
{"title":"Better Regulation by Appeal","authors":"W. Voermans, Y. Schuurmans","doi":"10.54648/euro2011035","DOIUrl":"https://doi.org/10.54648/euro2011035","url":null,"abstract":"This paper looks into the way in which appeal and judicial review by the European Union (EU) Courts are or can be (made) instrumental to Better Regulation (BR). We examine the way EU Courts review EU legislation before and after the Lisbon Treaty and try to think through the possible consequences the Treaty changes of 2009 have. On this occasion, we take a closer look at the interesting and more or less parallel development of judicial review of non-primary legislation in the United States under the Administrative Procedure Act and the way judiciary review on individual appeal has been transformed into a cornerstone for BR. Is a similar development probable, if indeed advisable, in the EU?","PeriodicalId":344388,"journal":{"name":"Law & Society: Civil Procedure eJournal","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122609272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
期刊
Law & Society: Civil Procedure eJournal
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1