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Full-Text Articles in Administrative Law
Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn
Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn
Michigan Journal of Environmental & Administrative Law
Environmental controls in the United States are often said to be “technology-based” because the polluter’s duties are determined by the available technology for controlling that pollution rather than by the social costs and benefits of doing so. Indeed, this is much of what distinguishes U.S. environmental law post-1970 from that which preceded it. But technology-based standards have in fact weighed the costs of controlling pollution in unique, often obscure ways, yielding an analysis that defies standardization and basic notions of transparency. Often lumped under an umbrella heading called “feasibility” analysis and justified on the grounds that it avoids many of …
The Irrational Auditor And Irrational Liability, Adam C. Pritchard
The Irrational Auditor And Irrational Liability, Adam C. Pritchard
Articles
This Article argues that less liability for auditors in certain areas might encourage more accurate and useful financial statements, or at least equally accurate statements at a lower cost. Audit quality is promoted by three incentives: reputation, regulation, and litigation. When we take reputation and regulation into account, exposing auditors to potentially massive liability may undermine the effectiveness of reputation and regulation, thereby diminishing integrity of audited financial statements. The relation of litigation to the other incentives that promote audit quality has become more important in light of the sea change that occurred in the regulation of the auditing profession …
Risk Regulations And Its Hazards, Stephen F. Williams
Risk Regulations And Its Hazards, Stephen F. Williams
Michigan Law Review
A Review of Breaking the Vicious Circle: Toward Effective Risk Regulation by Stephen Breyer
The Legalization Of American Society: Economic Regulation, Peter O. Steiner
The Legalization Of American Society: Economic Regulation, Peter O. Steiner
Michigan Law Review
My central thesis is that regulation may be insightfully classified into three broad types of response to perceived market failure, and I will merely touch examples of each. The first is protection of competitive results. I shall focus on natural monopoly regulation, although anti-trust would do as well. The second is protection from competitive results, such as entry control and setting of minimum prices. The third is regulation of externalities such as pollution and accidents arising as byproducts of more usual production.
Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr.
Lawyers, Economists, And The Regulated Industries: Thoughts On Professional Roles Inspired By Some Recent Economic Literature, Charles Donahue Jr.
Michigan Law Review
In this thesis I begin by examining the causes of the crisis as expounded in the current economic literature. This examination has led me to the conclusion that regulatory practice and policy has suffered from not being sufficiently economic in its orientation. If this point is correct, there remains an important subsidiary question: "What role, if any, should be played by the lawyer?"