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Articles 1 - 7 of 7
Full-Text Articles in Law
A Holistic View Of Agency Enforcement, David L. Markell, Robert L. Glicksman
A Holistic View Of Agency Enforcement, David L. Markell, Robert L. Glicksman
Scholarly Publications
The law review literature has long recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based approaches and the use of citizen suits. The purpose of this Article is to consider agencies’ enforcement and compliance promotion function holistically.
This Article proposes a three-layered conceptual framework for considering options for structuring the administrative agency enforcement and compliance promotion …
Introduction: Environmental Law Without Congress, Shi-Ling Hsu
Introduction: Environmental Law Without Congress, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
The Accidental Postmodernists: A New Era Of Skepticism In Environmental Law, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Climate Change Regulation And Prediction Markets, Shi-Ling Hsu
Climate Change Regulation And Prediction Markets, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Capital Rigidities, Latent Externalities, Shi-Ling Hsu
Capital Rigidities, Latent Externalities, Shi-Ling Hsu
Scholarly Publications
Capital, one of two fundamental inputs to production, is critical to economic growth. As such, legal rules and institutions generally seek to create more of it, and they also seek to protect existing capital from policy changes. However, capital is often durable, and during its natural life, information may emerge pointing to negative externalities resulting from operation of that capital. Legal rules and institutions, in seeking to stimulate and sustain economic growth by promoting and protecting capital, thus tend to induce the creation of excess capital. This abundance of capital creates excess resistance to new regulation or policy reform, as …
Epa Enforcement: A Heightened Emphasis On Mitigation Relief, David Markell
Epa Enforcement: A Heightened Emphasis On Mitigation Relief, David Markell
Scholarly Publications
No abstract provided.
The Spending Power And Environmental Law After Sebelius, Erin Ryan
The Spending Power And Environmental Law After Sebelius, Erin Ryan
Scholarly Publications
In National Federation of Independent Business v. Sebelius, a plurality of the Supreme Court held that portions of the Affordable Care Act exceeded federal authority under the Spending Clause. With that holding, Sebelius became the first Supreme Court decision since the New Deal to limit an act of Congress on spending-power grounds, rounding out the “New Federalism” limits on federal power first initiated by the Rehnquist Court in the 1990s. The new Sebelius doctrine constrains the federal spending power in contexts involving changes to ongoing intergovernmental partnerships with very large federal grants. However, the decision gives little direction for …