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Full-Text Articles in Law
Administrative Regulation Of Programmatic Policing: Why "Leaders Of A Beautiful Struggle" Is Both Right And Wrong, Christopher Slobogin
Administrative Regulation Of Programmatic Policing: Why "Leaders Of A Beautiful Struggle" Is Both Right And Wrong, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In Leaders of a Beautiful Struggle v. Baltimore Police Department, the Fourth Circuit Court of Appeals held that Aerial Investigation Research (AIR), Baltimore's aerial surveillance program, violated the Fourth Amendment because it was not authorized by a warrant. AIR was constitutionaly problematic, but not for the reason given by the Fourth Circuit. AIR, like many other technologically-enhanced policing programs that rely on closed-circuit television (CCTV), automated license plate readers and the like, involves the collection and retention of information about huge numbers ofpeople. Because individualized suspicion does not exist with respect to any of these people's information, an individual-specific warrant …
Efficiency And Equity In Regulation, Caroline Cecot
Efficiency And Equity In Regulation, Caroline Cecot
Vanderbilt Law Review
The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net benefits to society as a whole, without considering who benefits or who loses from these policies. Critics of this process of regulatory review have celebrated President Biden’s initiative, hoping that distributional analysis and the pursuit of equity will displace traditional tools and interests such as cost-benefit analysis and the pursuit of efficiency. Meanwhile, supporters of the current process are concerned that pursuing equity …
Regulation Of Emerging Risks, Matthew T. Wansley
Regulation Of Emerging Risks, Matthew T. Wansley
Vanderbilt Law Review
Why has the EPA not regulated fracking? Why has the FDA not regulated e-cigarettes? Why has NHTSA not regulated autonomous vehicles? This Article argues that administrative agencies predictably fail to regulate emerging risks when the political environment for regulation is favorable. The cause is a combination of administrative law and interest group politics. Agencies must satisfy high initial informational thresholds to regulate, so they postpone rulemaking in the face of uncertainty about the effects of new technologies. But while regulators passively acquire more information, fledgling industries consolidate and become politically entrenched. By the time agencies can justify regulation, the newly …
The Origins Of Legislation, Ganesh Sitaraman
The Origins Of Legislation, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
Although legislation is at the center of legal debates on statutory interpretation, administrative law, and delegation, little is known about how legislation is actually drafted. If scholars pay any attention to Congress at all, they tend to focus on what happens after legislation is introduced, ignoring how the draft came to exist in the first place. In other words, they focus on the legislative process, not the drafting process. The result is that our account of Congress, the legislative process, and the administrative state is impoverished, and debates in statutory interpretation and administrative law are incomplete. This Article seeks to …
Agency Coordination In Shared Regulatory Space, Jim Rossi, Jody Freeman
Agency Coordination In Shared Regulatory Space, Jim Rossi, Jody Freeman
Vanderbilt Law School Faculty Publications
This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share regulatory space," why these delegations are so pervasive and stubborn, and why consolidating or eliminating agency functions will not solve the problems they create. The Article describes a variety of tools that Congress, the President and the agencies can use to manage coordination challenges effectively, including agency interaction requirements, formal inter-agency agreements, and joint policymaking. The Article assesses the relative costs and benefits of these coordination tools, using the normative …
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
Vanderbilt Law School Faculty Publications
The Administrative Procedure Act (APA) has been out of date from the day it was written because it fails to address the administrative character of the modern state. The APA imposes procedural requirements on agency rulemaking and adjudication, two activities that are singled out because they resemble legislation and judicial decision making in the premodern state. The requirements for adjudication are based on the procedural rules that govern courts; the requirements for rulemaking would be based on the procedural rules that govern legislatures, but because very few such rules exist, they are also based on the rules that govern courts. …
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, J.B. Ruhl, James Salzman
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
Part I of this Article describes the phenomenon of regulatory accretion from several perspectives. We start by using the hypothetical professor-turned- monarch to isolate regulatory accretion as an independent variable in the operation of regulatory systems, separate from the three conventional topics of administrative law scholarship--efficiency, clarity, and institutional accountability. To describe regulatory accretion, we then define a range of metrics, showing that over the last fifty years, regulatory growth has been the rule rather than the exception using virtually any measure. We also show why regulatory law theory suggests that we should expect accretion to be the dominant dynamic …
Poland's New Foreign Investment Regulations: An Added Dimension To East-West Industrial Cooperation, Andrzej Burzynski, Julian C. Juergensmeyer
Poland's New Foreign Investment Regulations: An Added Dimension To East-West Industrial Cooperation, Andrzej Burzynski, Julian C. Juergensmeyer
Vanderbilt Journal of Transnational Law
A list of foreign investment opportunities currently available in Poland was recently published. The list was compiled from proposals submitted by the voivodship councils to the division of the Polish Chamber of Commerce, which was established to coordinate the activities of domestic Polish organizations and organizations of Poles living abroad. The list includes the construction of nine automobile repair shops, two enterprises for the manufacture of automobile accessories, organizations for the construction of single-family dwellings, furniture manufacturing enterprises, a short-order restaurant with the capacity of serving one thousand meals per day, three catering complexes to be located on international highways …