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Full-Text Articles in Law
Nuclear Power, Risk, And Retroactivity, Emily Hammond
Nuclear Power, Risk, And Retroactivity, Emily Hammond
Vanderbilt Journal of Transnational Law
The 2011 Fukushima nuclear disaster presented a familiar scenario from a risk perception standpoint. It combined a classic" dread risk" (radioactivity), a punctuating event (the disaster itself), and resultant stigmatization (involving world wide repercussions for nuclear power). Some nuclear nations curtailed nuclear power generation, and decades-old opposition to nuclear power found a renaissance. In these circumstances, risk theory predicts a regulatory knee-jerk response, potentially resulting in inefficient overregulation. But it also suggests procedural palliatives that conveniently overlap with administrative law values, making room for the engagement of the full spectrum of stakeholders. This Article sketches the U.S. regulatory response to …
Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack
Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack
Vanderbilt Law School Faculty Publications
This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school curriculum — approaches the debate over adopting these courses by looking back to the controversy stirred by teaching administrative law in law schools at the beginning of the twentieth century. This essay argues that sources of resistance to administrative law at that time not only help to explain the slow pace of adoption of “Leg-Reg” and “Reg-State” courses today, but also inform what material these new courses should cover. At the turn of the century, both …
The Origins Of Legislation, Ganesh Sitaraman
The Origins Of Legislation, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
Although legislation is at the center of legal debates on statutory interpretation, administrative law, and delegation, little is known about how legislation is actually drafted. If scholars pay any attention to Congress at all, they tend to focus on what happens after legislation is introduced, ignoring how the draft came to exist in the first place. In other words, they focus on the legislative process, not the drafting process. The result is that our account of Congress, the legislative process, and the administrative state is impoverished, and debates in statutory interpretation and administrative law are incomplete. This Article seeks to …
An Administrative Jurisprudence: The Rule Of Law In The Administrative State, Kevin M. Stack
An Administrative Jurisprudence: The Rule Of Law In The Administrative State, Kevin M. Stack
Vanderbilt Law School Faculty Publications
This Essay offers a specification of the rule of law's demands of administrative law and government inspired by Professor Peter L. Strauss's scholarship. It identifies five principles'authorization, notice, justification, coherence, and procedural fairness which provide a framework for an account of the rule of law's demands of administrative governance. Together these principles have intriguing results for the evaluation of administrative law. On the one hand, they reveal rule-of-law foundations for some contested positions, such as a restrictive view of the President's power to direct subordinate officials and giving weight to an agency's determination of the scope of its own authority. …