Law Commons^™

Empirical Analysis And Administrative Law, Cary Coglianese

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Empirical research has been used to study many areas of law, including administrative law. In this article Professor Coglianese discusses the current and future role of empirical research in understanding and improving administrative rulemaking. Criticism of government regulation and calls for regulatory reform have grown in the last few decades. Empirical research is a valuable tool for designing reforms that will truly improve the effectiveness, efficiency, and legitimacy of regulatory governance. Specifically, Professor Coglianese discusses three areas of administrative law that have benefited from empirical research—economic review of new regulations, judicial review of agency rulemaking, and negotiated rulemaking.

Agencies are …

Public Benefits And Federal Authorization For Alienage Discrimination By The States, Howard F. Chang

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No abstract provided.

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

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No abstract provided.

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

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No abstract provided.

The Paradox Of Delegation: Interpreting The Federal Rules Of Civil Procedure, Catherine T. Struve

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No abstract provided.

Liberal Ideals And Political Feasibility: Guest-Worker Programs As Second-Best Policies, Howard F. Chang

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No abstract provided.

Method And Principle In Legal Theory, Stephen R. Perry

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No abstract provided.

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

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The lead counsel auction has attracted increasing attention. Auction advocates argue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …

The Roles Of Litigation, Stephen B. Burbank

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No abstract provided.

Excuses And Dispositions In Criminal Law, Claire Oakes Finkelstein

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No abstract provided.