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"Actual Results May Vary": Toward Fiercer National Regulation Of Digitally Manipulated Cosmetics Advertisements, Jason Rea

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Private Policing Of Environmental Performance: Does It Further Public Goals?, Sarah L. Stafford

Faculty Publications

Over the past two decades the role of private parties in the policing of environmental regulation has grown dramatically. In some cases the Environmental Protection Agency (EPA) has led this effort. In other situations, private parties have provided the impetus for new policing activities that are conducted independently from the EPA. Private policing can be beneficial when the increased involvement of the private sector either decreases the costs of achieving a particular level of environmental performance or increases environmental performance in a cost-effective manner. Private parties, however, could also divert regulated entities away from regulatory objectives. This Article explores the …

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Revisiting The Impact Of Judicial Review On Agency Rulemakings: An Empirical Investigation, Wendy Wagner

William & Mary Law Review

It is generally believed that the judicial review of agency rulemakings helps protect the public interest against industry capture. Yet very little empirical research has been done to assess the accuracy of this conventional wisdom. This Study examines the entire set of air toxic emission regulations promulgated by the Environmental Protection Agency (EPA), with particular attention to those rules appealed to judgment in the court of appeals, and discovers significant disconnects between popular understanding of judicial review and rulemaking reality. Of these air toxic rules (N=90), the courts were summoned to review only a small fraction (8%), despite evidence that …