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Designing Administrative Law For Adaptive Management, J.B. Ruhl, Robin Craig
Designing Administrative Law For Adaptive Management, J.B. Ruhl, Robin Craig
Vanderbilt Law School Faculty Publications
Administrative law needs to adapt to adaptive management. Adaptive management is a structured decision-making method the core of which is a multi-step iterative process for adjusting management measures to changing circumstances or new information about the effectiveness of prior measures or the system being managed. It has been identified as a necessary or best practices component of regulation in a broad range of fields, including drug and medical device warnings, financial system regulation, social welfare programs, and natural resources management. Nevertheless, many of the agency decisions advancing these policies remain subject to the requirements of either the federal Administrative Procedure …
The Permit Power Revisited, J.B. Ruhl, Eric Biber
The Permit Power Revisited, J.B. Ruhl, Eric Biber
Vanderbilt Law School Faculty Publications
Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the permit power, under which legislatures prohibit a specified activity by statute and delegate administrative agencies discretionary power to authorize the activity under terms the agency mandates in a regulatory permit. Describing the permit power, accurately, as an enormous power in the state, Epstein bemoaned that it had received scant attention in the academic literature. He sought to fill that gap. Centered on his premise that the permit power represents a complete inversion of the proper …