Law Commons^™

Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform

• In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
• I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
• I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
• I have also noted influences …

Chevron Deference And Agency Self-Interest, Timothy K. Armstrong

Faculty Articles and Other Publications

Judicial review of a federal administrative agency's statutory or regulatory interpretation ordinarily proceeds under the highly deferential framework announced in the landmark case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984). Withholding an independent judicial interpretation of a statute or regulation in deference to an agency's views, however, poses unique problems when the agency has a self-interested stake in its interpretation - as, for example, when the agency's interpretation affects its regulatory jurisdiction or yields a financial benefit to the agency. A review of several cases in which courts have deferred, or refused to defer, …

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

Articles in Law Reviews & Other Academic Journals

In Changing Channels and Bridging Divides: The Failure and Redemption of American Broadcast Television Regulation Professor Varona analyzes how the Supreme Court, Congress and the FCC have defined the legal duties of commercial broadcasters throughout the maturation of the television industry. First, he shows how the public trustee doctrine has failed, with broadcasters today airing very little 'public interest' programming. Second, he examines how and why the FCC has failed to effectively elucidate and enforce the public trustee doctrine, focusing on the irreconcilable First Amendment and commercial tensions inherent in the public trustee doctrine since its inception and the 'capture' …

Distributing The Costs Of Environmental, Health, And Safety Protection: The Feasibility Principle, Cost-Benefit Analysis, And Regulatory Reform, David M. Driesen

College of Law - Faculty Scholarship

No abstract provided.

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 …

Settling The Wilderness, Sarah Krakoff

Publications

No abstract provided.

The Challenge Of Cooperative Regulatory Relations After Enlargement, Francesca Bignami

GW Law Faculty Publications & Other Works

This paper conceptualises European governance as a continuous series of collective action games among national regulators. European administration is theorized as a set of mutually beneficial relations among independent regulators, rather than as a hierarchy of supranational institutions, courts, and national administrators. The collective action approach highlights the importance of certain factors in fostering regulatory cooperation and enabling the common market to become an administrative reality: repeated interactions, monitoring and sanctioning by the Commission and the courts, reciprocity norms, and trust. It also suggests that one of the most significant challenges of enlargement will be to establish cooperative regulatory exchanges …