Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (55)
- Law and Economics (46)
- Economics (45)
- Environmental Law (30)
- Law and Society (27)
-
- Legislation (23)
- Natural Resources Law (19)
- Law and Politics (18)
- State and Local Government Law (18)
- Antitrust and Trade Regulation (17)
- Business Organizations Law (16)
- Science and Technology Law (16)
- Public Law and Legal Theory (15)
- Energy and Utilities Law (14)
- Land Use Law (14)
- Public Affairs, Public Policy and Public Administration (14)
- Water Law (14)
- Constitutional Law (13)
- International Law (12)
- Environmental Sciences (11)
- Natural Resources Management and Policy (11)
- Oil, Gas, and Mineral Law (11)
- Physical Sciences and Mathematics (11)
- Property Law and Real Estate (11)
- Banking and Finance Law (10)
- Commercial Law (10)
- Courts (10)
- Environmental Policy (10)
- Institution
-
- BLR (22)
- SelectedWorks (15)
- University of Colorado Law School (13)
- Selected Works (8)
- University of Michigan Law School (5)
-
- University of Pennsylvania Carey Law School (3)
- Villanova University Charles Widger School of Law (3)
- American University Washington College of Law (2)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Montclair State University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- University of Florida Levin College of Law (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- ExpressO (20)
- All Faculty Scholarship (3)
- David A. Wirth (3)
- Michigan Law Review (3)
- Villanova Law Review (3)
-
- Articles in Law Reviews & Other Academic Journals (2)
- David M Driesen (2)
- Publications (2)
- Angela Goodrum (1)
- Articles (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Cornell Law Faculty Working Papers (1)
- D. Daniel Sokol (1)
- Dalhousie Law Journal (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- Department of Political Science and Law Faculty Scholarship and Creative Works (1)
- Donald J. Kochan (1)
- Endangered Species Act Congressional Field Tour (August 17-19) (1)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (1)
- George Mason University School of Law Working Papers Series (1)
- Griffin Weaver (1)
- James Valvo (1)
- John W Mayo (1)
- Jonathan C. Lipson (1)
- Latoya C. Brown, Esq. (1)
- Michael Steve (1)
- Michigan Journal of Environmental & Administrative Law (1)
- Nancy J. Knauer (1)
- Nehal A. Patel (1)
- Publication Type
- File Type
Articles 61 - 78 of 78
Full-Text Articles in Administrative Law
Mixed Signals: Reconsidering The Political Economy Of Judicial Deference To Administrative Agencies, Matthew C. Stephenson
Mixed Signals: Reconsidering The Political Economy Of Judicial Deference To Administrative Agencies, Matthew C. Stephenson
ExpressO
This paper investigates rational choice explanations for patterns of Supreme Court decision-making with respect to the appropriate level of judicial deference to administrative agency decisions. In particular, I assess empirically the thesis that the Supreme Court expands deference when the Supreme Court is ideologically closer to the executive than to the circuit courts, and contracts deference when the opposite is true. I find little to no evidence supporting this "rational choice" theory of judicial deference. Given this surprising null finding, I offer alternative explanations for the data and suggest directions for future research.
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Restructuring Of The Electric Utility Industry: Free Markets And Environmental Protection, Rick Gilliam
Dams: Water and Power in the New West (Summer Conference, June 2-4)
12 pages.
Contains 1 page of references.
Economic Assistance, The World Bank, And Nonbinding Instruments, David Wirth
Economic Assistance, The World Bank, And Nonbinding Instruments, David Wirth
David A. Wirth
No abstract provided.
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
Integrating Public Land And Local Community Planning Objectives: The Rocky Mountain National Park Experience, Homer L. Rouse
Integrating Public Land And Local Community Planning Objectives: The Rocky Mountain National Park Experience, Homer L. Rouse
Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)
7 pages.
Controlling Congress: Presidential Influence In Domestic Fiscal Policy, Michael A. Fitts, Robert Inman
Controlling Congress: Presidential Influence In Domestic Fiscal Policy, Michael A. Fitts, Robert Inman
All Faculty Scholarship
No abstract provided.
Environmental Reform Of The Multilateral Development Banks, David Wirth
Environmental Reform Of The Multilateral Development Banks, David Wirth
David A. Wirth
No abstract provided.
Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers
Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers
Dalhousie Law Journal
This book consists of ten essays on the general theme of effective techniques for controlling and regulating social behaviour. The authors draw on the disciplines of management studies, history and criminology, public policy studies and economics, psychology, anthropology, law, sociology, and political science. They are, collectively, a modern manifestation of Roscoe Pound's concept of law in action as "social engineering".
Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth
Remarks (As Panelist) On "Environment, Economic Development And Human Rights: A Triangular Relationship?", David A. Wirth
David A. Wirth
No abstract provided.
Changing Patterns Of Water Use In The West: Pressures On The System, David H. Getches
Changing Patterns Of Water Use In The West: Pressures On The System, David H. Getches
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
17 pages.
Developments In Federal Water Policies And Programs, Harold W. Furman Ii
Developments In Federal Water Policies And Programs, Harold W. Furman Ii
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
14 pages.
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.
Feasibility In Chapter X Reorganizations, David R. King
Feasibility In Chapter X Reorganizations, David R. King
Villanova Law Review
No abstract provided.
Economic Objectives Of Regulation - The Trend In Virginia, Michael J. Ileo, David C. Parcell
Economic Objectives Of Regulation - The Trend In Virginia, Michael J. Ileo, David C. Parcell
William & Mary Law Review
No abstract provided.
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?"
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller
Villanova Law Review
No abstract provided.
The New Antitrust: A Structural Approach, Charles E. Mueller
The New Antitrust: A Structural Approach, Charles E. Mueller
Villanova Law Review
No abstract provided.