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Agencies In Crisis?: An Examination Of State And Federal Agency Emergency Powers, Babette Boliek
Agencies In Crisis?: An Examination Of State And Federal Agency Emergency Powers, Babette Boliek
Babette Boliek
That state and federal agencies have emergency powers, is well known. Much less is known about the process and circumstances under which these powers are exercised—subjects that divide scholars into two theoretical camps. Scholars on one side assert that ample agency discretion in time of need is not only desirable, but it is laudable in the pursuit of efficiency and “deossification” of regulatory action. Scholars on the other side contend that emergency powers are so broadly granted, and representative procedure is so easily abandoned, that the inevitable result is agency unaccountability and aggrandizement. In response, this article presents new empirical …
Fire With Fire: Heterodox Law & Economics, Karl T. Muth
Fire With Fire: Heterodox Law & Economics, Karl T. Muth
Karl T Muth
This Article first examines, from a historical perspective, the evolution of the law-and-economics movement. It then critically examines the application of economic principles the legal analysis, paying particular attention to how the political process has shaped the law-and-economics scholarship. Finally, it concludes that the principles of law-and-economics, while fundamentally sound, are often misapplied, too narrowly interpreted, and aggregated into a single viewpoint that is politically convenient rather than academically honest.