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Full-Text Articles in Law
The Production Function Of The Regulatory State, J.B. Ruhl, Jonathan R. Nash, James Salzman
The Production Function Of The Regulatory State, J.B. Ruhl, Jonathan R. Nash, James Salzman
Vanderbilt Law School Faculty Publications
How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with the Trump administration pledging over $50 billion in cuts. Yet very little is known about the fundamental relationship between regulatory agencies budgets and the social welfare outcomes they are charged to produce. Indeed, the question is scarcely studied in scholarship from law, economics, or political science. This article lays the groundwork for a new field of theoretical and empirical research, using what we …
Got A Better Idea?: Promoting Greenhouse Gas Regulations Through Solution-Based Informal Rulemaking, Lorraine J. Baer
Got A Better Idea?: Promoting Greenhouse Gas Regulations Through Solution-Based Informal Rulemaking, Lorraine J. Baer
Vanderbilt Journal of Entertainment & Technology Law
In September 2013, the US Environmental Protection Agency (EPA) proposed a rule regulating greenhouse gas emissions from newly constructed, coal-fired power plants. Coal industry lawyers immediately began preparing for litigation. Like many industry-led arbitrary and capricious challenges, their goal is to stop the regulations from moving forward. This Note analyzes the new rule, concluding that although the EPA's rule is legally sound, it does have some potential weaknesses. Rather than merely blocking the regulations through litigation, however, this Note proposes that interest groups should instead submit their own solutions during the notice-and-comment rulemaking process, which would reduce regulatory gridlock and …
Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song
Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song
Vanderbilt Law School Faculty Publications
Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation models, and thus intended to be channeled through the firm-specific behavioral responses predicted under the rational polluter and good-apple models. Little attention has been paid to the systems level question. The relevant question under the systems model is whether there is a component of noncompliance that does not respond to sanction and facilitation policies that are intended to illicit firm-specific behavioral responses. To answer this will require (1) identifying instances …
Osha After Ten Years: A Review And Some Proposed Reforms, Mark A. Rothstein
Osha After Ten Years: A Review And Some Proposed Reforms, Mark A. Rothstein
Vanderbilt Law Review
This Article reviews the first ten years of rulemaking, enforcement, and adjudication under the Act. The Article identifies various problem areas that have developed in these activities and for each area discusses whether past and present efforts to meet the problems have been adequate. In light of the Act's troubled history, the Article suggests several amendments to the Act, as well as administrative reforms, to facilitate the Act's implementation. The Article does not, however, attempt to address all of the myriad legal and policy issues or all of the Act's provisions that would benefit from congressional redrafting. Instead, the Article …