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Full-Text Articles in Law
Electricity Restructuring: A Case Study In Government Regulation, Joseph P. Tomain
Electricity Restructuring: A Case Study In Government Regulation, Joseph P. Tomain
Faculty Articles and Other Publications
Understanding the electric power industry can at times be overwhelming given the amount of information, technical jargon, economic forecasts, and detail involved with such a complex field. For the sanguine (or the cynical), the more regulatory or deregulatory initiatives the better because the industry needs the regulatory services of lawyers and other consultants. For the less sanguine (or the less cynical), there is a desire for some stillness in this ongoing change in the regulation of the electric power industry. It is the intent of this article to provide some relief through a brief regulatory history of the electric industry. …
The Irony Of Deregulatory Takings, Jim Rossi
The Irony Of Deregulatory Takings, Jim Rossi
Vanderbilt Law School Faculty Publications
This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …