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Full-Text Articles in Law
State Standing To Challenge Federal Authority In The Modern Administrative State, Shannon M. Roesler
State Standing To Challenge Federal Authority In The Modern Administrative State, Shannon M. Roesler
Washington Law Review
The modern administrative state relies on a model of shared governance. Federal regulatory regimes addressing a range of economic and social issues depend on the participation of state governments for their implementation. Although these state-federal partnerships are often cooperative, conflicts over the allocation of regulatory authority and administrative policy are inevitable. In recent years, states have sought to resolve some of these conflicts in the federal courts. Well-known state challenges to federal authority include challenges to environmental rules, health insurance legislation, and immigration policies. In these cases, courts have struggled to decide whether states have constitutional standing to bring suit …
Consume Or Invest: What Do/Should Agency Leaders Maximize?, William E. Kovacic, David A. Hyman
Consume Or Invest: What Do/Should Agency Leaders Maximize?, William E. Kovacic, David A. Hyman
Washington Law Review
In the regulatory state, agency leaders face a fundamental choice: should they “consume,” or should they “invest”? “Consume” means launching high profile cases and rulemaking projects. “Invest” means developing and nurturing the necessary infrastructure for the agency to handle whatever the future may bring. The former brings headlines, while the latter will be completely ignored. Unsurprisingly, consumption is routinely prioritized, and investment is deferred, downgraded, or overlooked entirely. This Article outlines the incentives for agency leadership to behave in this way and explores the resulting agency costs (pun intended). The U.S. Federal Trade Commission’s health care portfolio provides a useful …