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Full-Text Articles in Law
Grasping For Energy Democracy, Shelley Welton
Grasping For Energy Democracy, Shelley Welton
Michigan Law Review
Until recently, energy law has attracted relatively little citizen participation. Instead, Americans have preferred to leave matters of energy governance to expert bureaucrats. But the imperative to respond to climate change presents energy regulators with difficult choices over what our future energy sources should be, and how quickly we should transition to them—choices that are outside traditional regulatory expertise. For example, there are currently robust nationwide debates over what role new nuclear power plants and hydraulically fractured natural gas should play in our energy mix, and over how to maintain affordable energy for all while rewarding those who choose to …
Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson
Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson
Michigan Law Review
It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits orjustifications, reduces the agency's responsiveness to the preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian problems inherent in bureaucratic policymaking. An elected politician, though responsive to majoritarian preferences, will almost always deviate from the majority in one direction or the other Therefore, even if the average policy position of a given elected official tends to track the policy views of the median voter …
Why Is This Man A Moderate?, Richard A. Epstein
Why Is This Man A Moderate?, Richard A. Epstein
Michigan Law Review
A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics
Revitalizing Regulation, Daniel A. Farber
Revitalizing Regulation, Daniel A. Farber
Michigan Law Review
A Review of Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector by David Osborne and Rethinking the Progressive Agenda: The Reform of the American Regulatory State by Susan Rose-Ackerman
The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey
The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey
Michigan Law Review
This article advances a new theory to explain the relationship between political parties and interest groups. Among the as yet unanswered questions that I resolve are: (1) why many politicians -both Republicans and Democrats - develop a reputation for "party loyalty" despite the parties' inability to employ any meaningful sanctions against politicians who deviate from the party line; (2) why candidates for public office run in contested primaries when running as an independent generally would be a less costly mechanism for getting on the ballot; (3) why the two major U.S. political parties continue to attract resources from contributors and …
Industry Influence In Federal Regulatory Agencies, Michigan Law Review
Industry Influence In Federal Regulatory Agencies, Michigan Law Review
Michigan Law Review
A Review of Industry Influence in Federal Regulatory Agencies by Paul J. Quirk
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Cary: Politics And The Regulatory Agencies, Donald C. Cook
Michigan Law Review
A Review of Politics and the Regulatory Agencies by William L. Cary