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Full-Text Articles in Law
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
Faculty Publications
No abstract provided.
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford
Faculty Publications
No abstract provided.
Would The Reins Act Rein In Federal Regulation?, Jonathan H. Adler
Would The Reins Act Rein In Federal Regulation?, Jonathan H. Adler
Faculty Publications
Federal regulation reaches nearly all aspects of modern life and is pervasive in the modern economy. Much of this regulation may be necessary or advisable, but there is understandable concern that regulatory agencies act outside the authority delegated to them by Congress. The proposed Regulations of the Executive in Need of Scrutiny (REINS) Act is intended to remedy this by requiring that major regulations receive the approval of Congress through an expedited process. Critics of the REINS Act claim it would severely curtain important regulatory efforts and allow for all sorts of congressional gamesmanship. In fact, the REINS Act would …
Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler
Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler
Faculty Publications
The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These regulatory initiatives mark a dramatic expansion of federal environmental controls on private economic activity. These efforts are unwise. Regulating greenhouse gases under the Clean Air Act, in particular, will impose substantial regulatory costs for minimal environmental gain. Extensive GHG regulation will not produce much actual climate change mitigation. Mitigating the threat of anthropogenic climate change requires …
Punctuated Equilibrium: A Model For Administrative Evolution, Naomi Mezey, Mark C. Niles
Punctuated Equilibrium: A Model For Administrative Evolution, Naomi Mezey, Mark C. Niles
Faculty Publications
(Excerpt)
In 1972, paleontologists Niles Eldredge and Stephen Jay Gould published a paper that challenged the conventional understanding of the nature and rate of biological evolution. Addressing the absence of support in the fossil record for the accepted model of species change, the scholars observed that significant genetic development within a single species did not appear to follow the kind of gradual path that Charles Darwin had postulated. Instead, they concluded that "the great majority of species appear with geological abruptness in the fossil record and then persist in stasis until their extinction." They observed that species evolution is much …