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Full-Text Articles in Law
Agency Adjudication, The Importance Of Facts And The Limitations Of Labels, William D. Araiza
Agency Adjudication, The Importance Of Facts And The Limitations Of Labels, William D. Araiza
Faculty Scholarship
No abstract provided.
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Alden And The Web Of Environmental Law, William D. Araiza
Alden And The Web Of Environmental Law, William D. Araiza
Faculty Scholarship
No abstract provided.
Free Speech And Expertise: Administrative Censorship And The Birth Of The Modern First Amendment, Reuel E. Schiller
Free Speech And Expertise: Administrative Censorship And The Birth Of The Modern First Amendment, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
No abstract provided.
Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner
Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
Cost-benefit analysis is routinely used by government agencies in order to evaluate projects, but it remains controversial among academics. This paper argues that cost-benefit analysis is best understood as a welfarist decision procedure and that use of cost-benefit analysis is more likely to maximize overall well-being than is use of alternative decision-procedures. The paper focuses on the problem of distorted preference. A person's preferences are distorted when his or her satisfaction does not enhance that person's well-being. Preferences typically thought to be distorted in this sense include disinterested preferences, uninformed preferences, adaptive preferences, and objectively bad preferences; further, preferences may …
The President And Choices Not To Enforce, Peter L. Strauss
The President And Choices Not To Enforce, Peter L. Strauss
Faculty Scholarship
The executive branch is often called upon to assess how a particular statute it is charged to administer fits within the larger framework of the law. Professor Dawn Johnsen's thoughtful analysis addresses an important subset of these challenges: situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced. My purpose here is to explore the context of executive non-enforcement more broadly, in a way that may help in understanding the particular problem she addresses.
Issues of constitutional structure and function are among the most daunting …