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Full-Text Articles in Law
The Private Life Of Public Law, Michael P. Vandenbergh
The Private Life Of Public Law, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
This Article proposes a new conception of the administrative regulatory state that accounts for the vast networks of private agreements that shadow public regulations. The traditional account of the administrative state assigns a limited role to private actors: private firms and interest groups seek to influence regulations, and after the regulations are finalized, regulated firms face a comply-or-defy decision. In recent years, scholars have noted that private actors play an increasing role in the traditional government standard setting, implementation and enforcement functions. This Article demonstrates that the private role in each of these regulatory functions is far greater than others …
Prescribing The Right Dose Of Peer Review For The Endangered Species Act, J.B. Ruhl
Prescribing The Right Dose Of Peer Review For The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
....what I examine here is whether scientific-style peer review, depending on how it is dosed out, could be counterproductive for environmental law.The use of peer review as a component of regulatory procedure has not received much discrete attention in environmental law literature, but it is truly the sleeping dog of the "sound science" movement. Understanding this concept requires some background on science and administrative law. The "sound science" movement, as its name suggests, advocates that environmental law decisions be based principally on scientific information and conclusions that have been derived through the rigorous, unbiased practice of science. Science is generally …
Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. Ruhl
Who Needs Congress? An Agenda For Administrative Reform Of The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. The assessment is that these reforms provide a tremendous impetus for innovation of species conservation.