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Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters
Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters
All Faculty Scholarship
At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory …
Protecting The Past: A Comparative Study Of The Antiquities Laws In The Mid-South, Douglas L. Reed, Trey Berry
Protecting The Past: A Comparative Study Of The Antiquities Laws In The Mid-South, Douglas L. Reed, Trey Berry
Articles
Governmental efforts to protect antiquities can be found in the early twentieth century; however, the most significant policy efforts began in the late 1960s and early 1970s. This manuscript focuses on the properties/items protected under current statutes in Arkansas, Louisiana, and Texas and provides background on major federal policies. Moreover, it addresses the penalties imposed for violating these regulations. The efforts made to enforce these rules are also addressed along with suggestions for improving implementation of antiquities policies in all three states.