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Full-Text Articles in Administrative Law
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Faculty Articles and Papers
With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines - the U.S. federal antitrust merger guidelines - and finds that these guidelines have acted as …
Is There A Steroids Problem - The Problematic Character Of The Case For Regulation, Lewis Kurlantzick
Is There A Steroids Problem - The Problematic Character Of The Case For Regulation, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker
The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker
Faculty Articles and Papers
Over the past few years the debate over the economic rationality of health, safety and environmental regulation has morphed into a sustained controversy over the tests and methods by which that rationality is judged. Critics have argued that the main regulatory scorecards which comprise much of the empirical foundation for the regulatory reform movement are fundamentally flawed because they: alter agency estimates of future costs and benefits; disregard most uncertainties; and misrepresent ex ante guesses as the costs and benefits of regulation. They also zero out whole categories of benefits that cannot be quantified and/or monetized even when the benefits …