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Articles 61 - 69 of 69
Full-Text Articles in Law
The Epa's Risky Reasoning, Cary Coglianese, Gary E. Marchant
The Epa's Risky Reasoning, Cary Coglianese, Gary E. Marchant
All Faculty Scholarship
Regulators must rely on science to understand problems and predict the consequences of regulatory actions, but science by itself cannot justify public policy decisions. We review the Environmental Protection Agency's efforts to justify recent changes to its National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter, showing how the agency was able to cloak its policy judgments under the guise of scientific objectivity. By doing so, the EPA evaded accountability for a shifting and incoherent set of policy positions that will have major implications for public health and the economy. For example, even though EPA claimed to base …
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese
All Faculty Scholarship
For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, …
Beyond Efficiency And Procedure: A Welfarist Theory Of Regulation, Matthew D. Adler
Beyond Efficiency And Procedure: A Welfarist Theory Of Regulation, Matthew D. Adler
Faculty Scholarship
Normative scholarship about regulation has been dominated by two types of theories, which I term "Neoclassical" and "Proceduralist." A Neoclassical theory has the following features: it adopts a simple preference-based view of well-being, and it counts Kaldor-Hicks efficiency as one of the basic normative criteria relevant to the evaluation of regulatory programs. A Proceduralist theory is concerned, not solely with the quality of regulatory outcomes, but also with the governmental procedures that produce these outcomes: it gives intrinsic significance to the procedures that regulatory bodies follow. (One example of a Proceduralist theory is the civic republican theory of regulation advanced …
Book Review, Scott Hogan
Book Review, Scott Hogan
RISK: Health, Safety & Environment (1990-2002)
Review of: ROBERT A. SHANLEY, PRESIDENTIAL INFLUENCE AND ENVIRONMENTAL POLICY. (Greenwood Press, 1992) [163 pp.] Abbreviations, acknowledgements, index, introduction, notes, selected bibliography. LC 92-15584; ISBN 0-313-25883-X. [$45.00 cloth. 88 Post Road West; Westport CT 06881.]
Restoring Faith In Natural Resource Policy-Making: Incorporating Direct Participation Through Alternative Dispute Resolution Processes, Kaleen Cottingham, University Of Colorado Boulder. Natural Resources Law Center
Restoring Faith In Natural Resource Policy-Making: Incorporating Direct Participation Through Alternative Dispute Resolution Processes, Kaleen Cottingham, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
8 p. ; 28 cm
Development And Diversification In Administrative Rule Making, Ralph F. Fuchs
Development And Diversification In Administrative Rule Making, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs
The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Stein, H. (Ed.), Public Administration And Policy Development: A Case Book, Ralph F. Fuchs
Book Review. Stein, H. (Ed.), Public Administration And Policy Development: A Case Book, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs
Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.