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Full-Text Articles in Law

The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo Jan 2004

The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo

Faculty Scholarship

This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …


The Domestic Origins Of International Agreements, Rachel Brewster Jan 2004

The Domestic Origins Of International Agreements, Rachel Brewster

Faculty Scholarship

This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …


Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler Jan 2004

Cost-Benefit Analysis, Static Efficiency And The Goals Of Environmental Law, Matthew D. Adler

Faculty Scholarship

No abstract provided.


A Tournament Of Judges?, Stephen Choi, Mitu Gulati Jan 2004

A Tournament Of Judges?, Stephen Choi, Mitu Gulati

Faculty Scholarship

We suggest a Tournament of Judges where the reward to the winner is elevation to the Supreme Court. Politics (and ideology) surely has a role to play in the selection of justices. However, the present level of partisan bickering has resulted in delays in judicial appointments as well as undermined the public's confidence in the objectivity of justices selected through such a process. More significantly, much of the politicking is not transparent, often obscured with statements on a particular candidate's "merit"- casting a taint on all those who make their way through the judicial nomination process. We argue that the …


Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler Jan 2004

Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler Jan 2004

Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler

Faculty Scholarship

Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …


Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer Jan 2004

Politics, Power, And Public Health: A Comment On Public Health’S New World Order, Laurence R. Helfer

Faculty Scholarship

No abstract provided.


Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking Jan 2004

Congressional Representation Of Black Interests: Recognizing The Importance Of Stability, Guy-Uriel Charles, Vincent L. Hutchins, Harwood K. Mcclerking

Faculty Scholarship

The relationship between black constituency size and congressional support for black interests has two important attributes: magnitude and stability. Although previous research has examined the first characteristic, scant attention has been directed at the second. This article examines the relationship between district racial composition and congressional voting patterns with a particular emphasis on the stability of support across different types of votes and different types of districts. We hypothesize that, among white Democrats, the influence of black constituency size will be less stable in the South, owing in part to this region’s more racially divided constituencies. Examining LCCR scores from …