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Articles 151 - 158 of 158
Full-Text Articles in Law
Settling The Wilderness, Sarah Krakoff
A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers
A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Articles
Information is the lifeblood of regulatory policy. The effective use of governmental power depends on information about conditions in the world, strategies for improving those conditions, and the consequences associated with deploying different strategies. Indeed, this need for information has led legislatures to create specialized committee structures, delegate policy authority to expert agencies, and develop administrative procedures that encourage analysis. Although legal scholars have extensively debated procedures and reforms designed to improve the analytic and scientific basis of regulatory policymaking, they have paid relatively little attention to how regulators gain the information they need for making and implementing regulatory policy. …
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Special Needs And Special Deference: Suspicionless Civil Searches In The Modern Regulatory State, Fabio Arcila
Scholarly Works
This Article examines the Supreme Court’s application of the "special needs" principle, which is part of its Fourth Amendment search and seizure jurisprudence, with an emphasis on suspicionless searches. It argues that both courts and commentators have insufficiently acknowledged the tension between the modern regulatory state, which is significantly dependent upon such searches, and adequately protecting liberty interests. The commentators who criticize the Court’s deference ignore that a deferential approach can be justified. Suspicionless civil searches, for example, are not necessarily incompatible with original intent. Moreover, the many proposals for reforming suspicionless civil search jurisprudence, such as reinvigorating the individualized …
Risk Regulation, Endogenous Public Concerns, And The Hormones Dispute: Nothing To Fear But Fear Itself?, Howard F. Chang
Risk Regulation, Endogenous Public Concerns, And The Hormones Dispute: Nothing To Fear But Fear Itself?, Howard F. Chang
All Faculty Scholarship
The dispute between the United States and the European Union (EU) regarding the EU ban on meat imports treated with hormones raises the question: How should regulators respond to public fears that are disproportionate to the risks as evaluated by experts in risk assessment? If regulators cannot eliminate public fears through education, then there is some social benefit from regulations that reduce the feared risks and thereby reduce public anxiety and distortions in behavior flowing from that anxiety. These considerations imply that we cannot simply ignore public fears that technocrats would deem "irrational." On the other hand, there is the …
Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater
Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater
David A. Wirth
No abstract provided.
America Goes Global, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Stories From Immigration Practice, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.