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Full-Text Articles in Law
Why America's Response To The Covid-19 Pandemic Failed: Lessons From New Zealand's Success, Richard Parker
Why America's Response To The Covid-19 Pandemic Failed: Lessons From New Zealand's Success, Richard Parker
Faculty Articles and Papers
Polls show that 48 percent of Americans think the United States has fared no worse in dealing with COVID-19 than most other countries and that COVID-19 posed an essentially impossible test. This article refutes that remarkable misperception. It shows that the U.S. COVID-19 mortality rate for 2020, adjusted for population, was more than twice as high as Canada’s and Germany’s; ten times higher than India’s; 29 times higher than Australia’s; 40 times higher than Japan’s; 59 times higher than South Korea’s, and 207 times higher than New Zealand’s mortality rate. In fact, U.S. performance at the level of South Korea, …
Punishing The Innocent, Richard Parker
Punishing The Innocent, Richard Parker
Faculty Articles and Papers
No abstract provided.
Statement, Hearing On Federally Incurred Cost Of Regulatory Changes And How Such Changes Are Made, Richard Parker
Statement, Hearing On Federally Incurred Cost Of Regulatory Changes And How Such Changes Are Made, Richard Parker
Faculty Articles and Papers
Prepared Statement, Hearing on Federally Incurred Cost of Regulatory Changes and How Such Changes are Made: Hearing Before United States Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management, 116th Cong. (2019).
The Faux Scholarship Foundations Of The Regulatory Rollback Movement, Richard Parker
The Faux Scholarship Foundations Of The Regulatory Rollback Movement, Richard Parker
Faculty Articles and Papers
With the full participation and consent of Congress, President Trump has embarked upon a radical project to freeze and roll back federal regulations that protect public health, safety, the environment, and the economy. The principal justification for this project, publicly announced by both Congress and President Trump, is the claim that regulations are costing the American economy $2 trillion per year, thereby destroying jobs. This claim derives from two studies that have received wide and credulous circulation in the media, on Capitol Hill, and in the White House. This Article accordingly undertakes a comprehensive evaluation of these two studies. It …
Incentives And Ideology, James Kwak
Incentives And Ideology, James Kwak
Faculty Articles and Papers
This is a response to Adam Levitin's article, The Politics of Financial Regulation and the Regulation of Financial Politics: A Review Essay, 127 Harv. L. Rev. 1991 (2014). Levitin discusses various reasons for regulatory capture and highlights several potential solutions that aim to change the political governance of financial regulation. In this response, I highlight the importance of ideology (in this case, the ideology of free financial markets) in producing regulatory outcomes that are good for industry, and therefore the need for solutions that mitigate ideological capture.
An Introduction To Climate Change Liability Litigation And A View To The Future, Joseph Macdougald
An Introduction To Climate Change Liability Litigation And A View To The Future, Joseph Macdougald
Faculty Articles and Papers
No abstract provided.
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan Maher
Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan Maher
Faculty Articles and Papers
The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts (“MMA”). MMA is an interdisciplinary combat sport whose participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) within one match. In this Article, I examine and analyze the sport’s evolution, articulate a theory of sporting legitimacy, supply a conceptual taxonomy of regulation, and highlight potential reform. More specifically, my foundational treatment proceeds as follows. I first explain the modern history and development of MMA, tracing it from its shaggy, brutish …
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene
Faculty Articles and Papers
With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines - the U.S. federal antitrust merger guidelines - and finds that these guidelines have acted as …
Is There A Steroids Problem - The Problematic Character Of The Case For Regulation, Lewis Kurlantzick
Is There A Steroids Problem - The Problematic Character Of The Case For Regulation, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.
The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker
The Empirical Roots Of The 'Regulatory Reform' Movement: A Critical Appraisal, Richard Parker
Faculty Articles and Papers
Over the past few years the debate over the economic rationality of health, safety and environmental regulation has morphed into a sustained controversy over the tests and methods by which that rationality is judged. Critics have argued that the main regulatory scorecards which comprise much of the empirical foundation for the regulatory reform movement are fundamentally flawed because they: alter agency estimates of future costs and benefits; disregard most uncertainties; and misrepresent ex ante guesses as the costs and benefits of regulation. They also zero out whole categories of benefits that cannot be quantified and/or monetized even when the benefits …
Agency Character And Character Of Agency Guidelines: An Historical And Institutional Perspective, Hillary Greene
Agency Character And Character Of Agency Guidelines: An Historical And Institutional Perspective, Hillary Greene
Faculty Articles and Papers
Though antitrust guidelines have become commonplace, their approach was novel when first introduced. In a 1964 front-page article entitled, Industries Will Get Merger Guidelines, The New York Times observed, 'An entirely new approach to the enforcement of the antitrust laws is about to be attempted by the Federal Trade Commission.' Similarly, the American Bar Association's 1968 Antitrust Developments treatise described these first antitrust agency guidelines as a new method to advise businessmen about how the FTC would gauge the competitiveness of mergers. In the nearly forty years since the introduction of the first merger guidelines, the federal antitrust agencies have …
Competition Perspectives On Patent Law Substance And Procedure: An Overview Of The Ftc/Doj Hearings And The Ftc Report, Hillary Greene
Competition Perspectives On Patent Law Substance And Procedure: An Overview Of The Ftc/Doj Hearings And The Ftc Report, Hillary Greene
Faculty Articles and Papers
No abstract provided.
Grading The Government, Richard Parker
Grading The Government, Richard Parker
Faculty Articles and Papers
For over a decade, scathing critiques of government have been fueled by a group of studies called regulatory scorecards, which purport to show that the costs of many government regulations vastly outweigh their benefits. One widely-cited study by John Morrall, an OMB economist, claims that government regulations cost up to $72 billion per life saved. Another study, co-authored by Bush's regulatory czar, John Graham, claims that over 60,000 people lose their lives each year due to irrational government regulation. A third group of scorecards - compiled by Robert Hahn of the AEI-Brookings Joint Center for Regulatory Studies - claims that …
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
., Administrative Channeling Under The Medicare Act Clarified: Illinois Council, Section 45(H), And The Application Of Congressional Intent, John Aloysius Cogan, Jr., Rodney A. Johnson
Faculty Articles and Papers
In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary …
Comments On "The Telecommunications Act Of 1966," By Thomas G. Krattenmaker, Loftus Becker
Comments On "The Telecommunications Act Of 1966," By Thomas G. Krattenmaker, Loftus Becker
Faculty Articles and Papers
No abstract provided.
Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl
Self, Others, And Section 7: Mutualism And Protected Protest Activities Under The National Labor Relations Act, Michael Fischl
Faculty Articles and Papers
No abstract provided.