Category Archives: Administrative law

The Latest on U.S. v Microsoft: Microsoft Files Respondent Brief, Still More Amici Curiae Weigh In

On Thursday, January 11, Microsoft filed its brief in the U.S. v Microsoft case set to go before the Supreme Court in the 2017-2018 term. The central question in the case is whether the Stored Communications Act allows the U.S. government to compel an electronic services provider, through a probable-cause-based warrant, to disclose electronic communications stored abroad.  For further background on this case, see our past coverage on the IELR Blog here and here. Microsoft argues that Congress did not envision the Stored Communications Act to apply overseas. In 1986, when the statute was enacted, it was unimaginable that one day governments could secure data from overseas rapidly and inexpensively. Under the presumption against extraterritoriality established by Supreme Court precedent, legislation does not apply extraterritorially unless Congress clearly states or intends otherwise. Thus, the SCA has no extraterritorial application. According to Microsoft, a warrant that….. To continue reading this legal news please click Read full information...

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Case Western Reserve University International Criminal Law LL.M Program

From Michael P. Scharf,  Dean of Case Western University School of Law:   As documented by the developments covered in the WCPW e-newsletter, international criminal law has become one of the fastest growing and highest profile areas of law.  Taught by leading experts in the field, the Case Western Reserve University LL.M in International Criminal law will provide individuals who hold a degree in law with an in-depth knowledge of international criminal law and procedure, international humanitarian law, and national security law, and will equip them to practice international criminal law before international tribunals or national courts. Now in its tenth year, there are seven unique aspects of the Case Western Reserve International Criminal Law LLM, which I’d like to especially call to your attention: First, Case Western Reserve is known around the world for the strength of its international criminal law program.  Program faculty include a former….. To continue reading this legal news please click Read full information...

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Achieving Better Regulatory Compliance

Every summer, parts of the Chesapeake Bay die. Nitrogen and phosphorus runoff from upstream farms consume all of the water’s oxygen, suffocating fish, crabs, and other marine life. To combat this problem, the U.S. Environmental Protection Agency (EPA) imposes strict limits on the amount of nitrogen and phosphorous that can enter rivers that feed the Bay. But rules are only as good as their enforcement. The EPA recently found, for example, that only 30 percent of the nearly 40,000 farms in Pennsylvania, whose rivers supply 35 percent of the Bay’s water, comply with regulations that cap the runoff of nitrogen- and phosphorus-rich manure and fertilizer. Since the EPA released its finding, Pennsylvania regulators have weighed multiple strategies for promoting improved compliance, including outsourced inspections. In a chapter of the recent book Achieving Regulatory Excellence, Neil Gunningham, a professor at the School of Regulation and Global Governance at Australian….. To continue reading this legal news please click Read full information...

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Will Algorithms Take the Fairness Out of Fair Use?

Dan L. Burk, Algorithmic Fair Use, U. Chi. L. Rev. (forthcoming), available at SSRN. Christopher J. Sprigman As part of an invited symposium, organized by The University of Chicago Law Review, on whether artificial intelligence will spell the end of one-size-fits-all laws, Dan Burk has written a terrific essay explaining why he’s skeptical that AI or machine learning will lead to better copyright fair use decisions. In the essay, Algorithmic Fair Use, Professor Burk identifies three main bases for his concerns. First, Professor Burk is skeptical that American fair use law, which is articulated as a relatively open-textured standard (as compared with U.K.-style “fair dealing” provisions that set out a laundry list of tightly specified circumstances in which portions of a copyrighted work may be used without permission), could ever be reproduced with much fidelity as a set of software rules. The resistance of American fair use to ruleification, and….. To continue reading this legal news please click Read full information...

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What the FDA Can Teach Us About Regulatory Excellence

Regulators must often make difficult decisions based on uncertain or limited information. When it comes to issues of public health or safety, these decisions can become even more difficult due to media scrutiny and public criticism. In his chapter of the new book, Achieving Regulatory Excellence, David Vogel, a professor at the Haas School of Business at the University of California, Berkeley, examines a few different regulatory responses to issues of public health, safety, and the environment, including pharmaceutical regulation in the United States and Europe. From these examples, Vogel distills principles that are key to successful regulation—in particular, the ability to respond to new information as it emerges and to recognize the accomplishments and shortcomings of previous decisions. Vogel highlights these principles in one case study comparing the regulation of thalidomide, a pharmaceutical drug marketed toward pregnant women, by the U.S. Food and Drug….. To continue reading this legal news please click Read full information...

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