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Full-Text Articles in Legal History

Tax Planning And Policy Drift, Sloan G. Speck Jan 2016

Tax Planning And Policy Drift, Sloan G. Speck

Articles

This Article proposes a framework for analyzing how private-sector legal interpretations influence public policy. Political scientists and legal scholars use the terms “bureaucratic drift” and “legislative drift” to describe how administrative agencies and future legislative coalitions affect public policy enacted by Congress. This Article identifies a third category of policy drift: “planning drift.” Planning drift describes deviations from an enacting legislature’s policy preferences that result from private experts’ interpretations of existing law. After Congress enacts a statute, the first people to interpret and apply the new legislation generally are not regulators or judges, but instead are private experts, such ...


The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson Jan 1980

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Articles

No abstract provided.