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The Process-Welfare Nexus, Reza Dibadj
The Process-Welfare Nexus, Reza Dibadj
Reza Dibadj
In an era fashionable for its simplistic trashing of the regulatory state, Steven Croley's Regulation and Public Interests provides welcome respite. Croley mounts a valiant defense of regulation. His central argument is straightforward; namely, "that the cynical view of regulation shows far too little attention to the actual processes through which administrative agencies regulate. . . . Once the administrative state is unpacked-once it is considered in light of its procedural complexities-grim conclusions about the inability of regulatory institutions to advance the general welfare give way to more optimistic assessments." (p. 4). This book review argues that while Croley presents …
Regulatory Givings And The Anticommons, Reza Dibadj
Regulatory Givings And The Anticommons, Reza Dibadj
Reza Dibadj
The concepts of takings and the tragedy of the commons are familiar to those versed in the legal and economic literature. Only recently has scholarship begun to emerge around their less studied counterparts, givings and anticommons. For the first time, this article attempts to develop and bring together these two emerging areas of legal scholarship using the tools of law and economics. The focus is to explore how these new concepts, taken together, can create a mechanism with which to explore developments in administrative law. The piece first builds a theoretical argument as to how regulatory largesse can subtly create …