Law Commons^™

Next Generation Compliance, David L. Markell, Robert L. Glicksman

Scholarly Publications

No abstract provided.

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 …

Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out, David L. Markell, Emily Hammond

Scholarly Publications

Judicial review is considered an indispensable legitimizer of the administrative state. Not only is it a hallmark feature of the Administrative Procedure Act (“APA”), but the various standards of review reinforce democratic norms, promote accountability, and act as a check against arbitrariness. Unreviewable agency actions, therefore, must find their legitimacy elsewhere. This article evaluates the promise of “inside-out” legitimacy as an alternative or complement to judicial review. We theorize, based on insights from the administrative law and procedural justice literatures, that administrative process design can do much to advance legitimacy without the need to rely on judicial review to check …

Trade Secrets, Disclosure, And Dissent In A Fracturing Energy Revolution, Hannah J. Wiseman

Scholarly Publications

In the United States, Congress has traditionally relied, in part, upon citizen participation to control industrial activity and its effects on public welfare. It has also required industry to disclose certain information to the public in order to enable this participation. Early on in the movement toward expanded federal regulation of industry, Congress granted broad standing to individuals in generous “private attorney general” provisions in environmental and business-related statutes. It also required agencies to follow strict notice-and-comment rulemaking procedures, which directed agencies to publicize proposed rules and receive citizen comments. Through statutes such as the Emergency Planning and Community Right-to-Know …

An Overview Of Tsca, Its History And Key Underlying Assumptions, And Its Place In Environmental Regulation, David Markell

Scholarly Publications

No abstract provided.

Untested Waters: The Rise Of Hydraulic Fracturing In Oil And Gas Production And The Need To Revisit Regulation, Hannah J. Wiseman

Scholarly Publications

No abstract provided.

Is There A Possible Role For Regulatory Enforcement In The Effort To Value, Protect, And Restore Ecosystem Services?, David Markell

Scholarly Publications

No abstract provided.

Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategie, David L. Markell, Clifford Rechtschaffen

Scholarly Publications

No abstract provided.

States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell

Scholarly Publications

No abstract provided.