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Full-Text Articles in Law
Promoting Pragmatic Risk Regulation: Is Enforcement Discretion The Answer?, Clifford Rechtschaffen
Promoting Pragmatic Risk Regulation: Is Enforcement Discretion The Answer?, Clifford Rechtschaffen
Publications
Over the past decade and more, there has been a sustained attack on our nation's approach for regulating environmental, health and safety risk. Critics have argued that the current system is inefficient, irrational, and overly rigid and have proposed a raft of solutions for improving our regulatory approach, most prominently greater reliance on cost-benefit analysis. In Risk Regulation at Risk: Restoring A Pragmatic Approach, Professors Sidney Shapiro and Robert Glicksman offer a strong, coherent defense for our current system for environmental, health and safety regulation based on the long-standing philosophical tradition of pragmatism. Their book persuasively documents how risk-based statutes …
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul S. Kibel
Publications
This Dialogue attempts to place the conflict between the principles of negative externalities and comparative advantage in a less theoretical context. To that end, the author examines the relationship between national incentives to protect natural resources and international trade rules that seek to restrict the use of natural resource subsidies. The author further evaluates the extent to which the international trade rules account for the problem of negative externalities, and the extent to which the rules recognize the potentially effective role that national incentive programs can play in correcting market failures. From this evaluation, the author concludes that the legitimacy …