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Articles 1 - 3 of 3
Full-Text Articles in Law
Market Corrective Rulemaking: Drawing On Eu Insights To Rationalize U.S. Regulation, Reeve T. Bull
Market Corrective Rulemaking: Drawing On Eu Insights To Rationalize U.S. Regulation, Reeve T. Bull
Reeve T Bull
When justifying the government’s role in intervening in the free market, economists and legal scholars alike point to the problem of “market failures”: laissez-faire capitalism may not produce optimal outcomes in certain cases, and government interventions can promote overall market efficiency. The existence of such market failures is not terribly controversial; the question of whether government regulators can correctly identify these flaws and devise appropriate solutions, by contrast, is significantly more contentious. Unfortunately, under the existing regulatory framework, government officials are not especially well-positioned to make these difficult determinations. Congress does not, as a general matter, consider the economic costs …
Building A Framework For Governance: Retrospective Review And Rulemaking Petitions, Reeve T. Bull
Building A Framework For Governance: Retrospective Review And Rulemaking Petitions, Reeve T. Bull
Reeve T Bull
Of the various regulatory reform efforts advocated by legal scholars and politicians in recent years, perhaps none holds greater promise than retrospective review of agency regulations, whereby agencies revisit existing rules to determine whether they remain appropriate in light of changed circumstances. The Obama Administration has embraced the principles of retrospective review, issuing three executive orders on the subject, and it has trumpeted billions of dollars in economic savings resulting from those efforts. Nevertheless, numerous scholars have criticized these initiatives, contending that agencies reviewing their own regulations are unlikely to repeal or fundamentally overhaul existing rules. This article addresses the …
Making The Administrative State "Safe For Democracy": A Theoretical And Practical Analysis Of Citizen Participation In Agency Decisionmaking, Reeve T. Bull
Reeve T Bull
In recent years, academics, politicians, and journalists have hailed the rise of a new model of governance in which citizens take a more active role in government decisionmaking. To the extent citizen participation advocates offer a normative justification for their proposals, they tend to appeal to democratic ideals, contending that increased citizen involvement lends enhanced legitimacy to the government’s actions. This article seeks to explore these normative justifications in greater depth and offer a new model for integrating public input into government decisionmaking. Confining its focus to citizen participation in the decisionmaking of administrative agencies, it first examines whether or …