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Schechter Poultry At The Millennium: A Delegation Doctrine For The Administrative State, Lisa Schultz Bressman
Schechter Poultry At The Millennium: A Delegation Doctrine For The Administrative State, Lisa Schultz Bressman
Vanderbilt Law School Faculty Publications
The new delegation doctrine might seem perplexing to both sides of the current delegation debate. Either it is too intrusive on administrative prerogatives or it is not nearly intrusive enough. The new delegation doctrine is difficult to comprehend only because it evinces a different focus. While the debate concentrates primarily on the legitimacy of lawmaking by administrative agencies, the new doctrine speaks more to the goal of promoting the legitimacy of law made by administrative agencies. It might even be fair to say that, in this regard, the new doctrine moves beyond the academic debate. Moreover, the new doctrine neither …
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 …