Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Procedural Triage, Matthew J.B. Lawrence
Procedural Triage, Matthew J.B. Lawrence
Fordham Law Review
Prior scholarship has assumed that the inherent value of a "day in court" is the same for all claimants, so that when procedural resources (like a jury trial or a hearing) are scarce, they should be rationed the same way for all claimants. That is incorrect. This Article shows that the inherent value of a "day in court" can be far greater for some claimants, such as first-time filers, than for others, such as corporate entities and that it can be both desirable and feasible to take this variation into account in doling out scarce procedural protections. In other words, …
Managing The Regulatory State: The Experience Of The Bush Administration, John D. Graham, Paul R. Noe, Elizabeth L. Branch
Managing The Regulatory State: The Experience Of The Bush Administration, John D. Graham, Paul R. Noe, Elizabeth L. Branch
Fordham Urban Law Journal
This Article traces the history of Presidential management of the regulatory state up to the administration of President George W. Bush. It focuses on the latter's implementation of "smarter regulation," an approach to regulation based on unfunded mandates on the private sector implemented through the Office of Management and Budget, an organization within the Executive Office of the President. It finds cost-benefit analysis an essential, yet often neglected, tool for implementing efficient and effective regulations. It concludes the policies promoted under President Bush's OMB have effectively cut costs by streamlining the rule-making process and discouraging adopting new federal rules, but …