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Articles 1 - 8 of 8
Full-Text Articles in Law
Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin
Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe
The Goals Of Environmental Enforcement And The Range Of Enforcement Methods In Israel And In The United States, Marcia R. Gelpe
Faculty Scholarship
The article examines enforcement of the environmental laws of Israel and of the United States. It concentrates on provisions for enforcement of the laws by government authorities--that is, either by administrative authorities or by the courts at the request of an administrative authority. Environmental laws in many jurisdictions may also be enforced by private actions. These private enforcement actions are not addressed specifically in this article, although much of what is said is also applicable to such actions.
Law And Incommensurability: Introduction, Matthew D. Adler
Law And Incommensurability: Introduction, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Our Administrative System Of Criminal Justice, Gerard E. Lynch
Our Administrative System Of Criminal Justice, Gerard E. Lynch
Faculty Scholarship
Bill Tendy was already a legend among federal prosecutors when I first served as an Assistant United States Attorney for the Southern District of New York in the early 1980s. To us youngsters, Bill even then seemed a survivor from another era, when prosecutors really did resemble the tough-talking Hollywood DAs played by actors like Brian Donleavy – while we felt more like insecure young lawyers who should be played by Michael J. Fox or Calista Flockhart.
Partly, of course, this was just a function of age and experience; hard as it was to imagine, there must have been a …
Incommensurability And Cost-Benefit Analysis, Matthew D. Adler
Incommensurability And Cost-Benefit Analysis, Matthew D. Adler
Faculty Scholarship
No abstract provided.
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
Faculty Scholarship
Both the structure of the Constitution and elementary civics texts imagine an Executive Branch under the close, unitary control of an elected chief executive, the President. Doubtless from the start, and unmistakably in the administrative state, the reality has been quite different. Those to whom Congress has delegated authority to act, particularly in that domain that we have in mind when invoking a "government of laws," conduct their business within a web more aptly described as coordination than control. In regulatory matters, the coordinating impulses run through the Department of Justice ("DOJ") and, increasingly, the Office of Information and Regulatory …
Judicial Review Of Discount Rates Used In Regulatory Cost-Benefit Analysis, Edward R. Morrison
Judicial Review Of Discount Rates Used In Regulatory Cost-Benefit Analysis, Edward R. Morrison
Faculty Scholarship
Executive orders, statutes, and precedent increasingly require cost-benefit analysis of regulations. Presidential executive orders have long required executive agencies to submit regulatory impact analyses to the Office of Management and Budget ("OMB") before issuing regulations, and recent federal legislation exhibits a trend toward mandatory cost-benefit analysis. For example, the Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, and the recent Safe Drinking Water Act Amendments require the Environmental Protection Agency to balance costs and benefits in regulating chemicals and pesticides. In 1995, Congress passed the Unfunded Mandates Act, requiring cost-benefit analysis of all significant federal regulations that …
A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel
A Constitution Of Democratic Experimentalism, Michael C. Dorf, Charles F. Sabel
Faculty Scholarship
In this Article, Professors Dorf and Sabel identify a new form of government, democratic experimentalism, in which power is decentralized to enable citizens and other actors to utilize their local knowledge to fit solutions to their individual circumstances, but in which regional and national coordinating bodies require actors to share their knowledge with others facing similar problems. This information pooling, informed by the example of novel kinds of coordination within and among private firms, both increases the efficiency of public administration by encouraging mutual learning among its parts and heightens its accountability through participation of citizens in the decisions …