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Full-Text Articles in Law

Empowerment Zones: Urban Revitalization Through Collaborative Enterprise, Audrey Mcfarlane Oct 1995

Empowerment Zones: Urban Revitalization Through Collaborative Enterprise, Audrey Mcfarlane

All Faculty Scholarship

The federal government recently designated six empowerment zones in selected urban areas as an urban revitalization demonstration program. The program is derived from the enterprise zone strategy promoted by former HUD Secretary Jack Kemp that sought to address urban poverty by encouraging business growth through deregulation and tax incentives. The Clinton administration modified the original concept and now refers to the target areas as empowerment zones. As the definitions of "enterprise" and "empower" indicate, renaming the zones reflects a significant shift in emphasis-from a focus on stimulating business enterprise through reducing regulation to one in which regulation is used to …


Sustainability: Myth And Reality, Kai Lee Jun 1995

Sustainability: Myth And Reality, Kai Lee

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages (includes illustrations).

Contains references.


The Use Of Audited Self-Regulation As A Regulatory Technique, Douglas C. Michael Apr 1995

The Use Of Audited Self-Regulation As A Regulatory Technique, Douglas C. Michael

Law Faculty Scholarly Articles

At first blush, "self-regulation" seems to be self-contradicting. If government regulation of an industry or problem is considered necessary, how can that responsibility then be returned to those from whom it was taken? Notwithstanding this apparent contradiction, audited self-regulation is used successfully by federal regulatory agencies. It is apparently adopted, however, on an ad hoc basis: in one industry or application but not in another that possesses similar characteristics. This article reviews these previously uncollected efforts at audited self-regulation to evaluate the general usefulness of this regulatory technique across industries and applications. These insights would be relevant not only to …


A Square Peg In A Vicious Circle: Stephen Breyer's Optimistic Prescription For The Regulatory Mess, Eric J. Gouvin Jan 1995

A Square Peg In A Vicious Circle: Stephen Breyer's Optimistic Prescription For The Regulatory Mess, Eric J. Gouvin

Faculty Scholarship

This Article reviews the book by Supreme Court Justice, Steven G. Breyer, "Breaking The Vicious Circle: Toward Effective Risk Regulation. " The Author discusses this book's most significant contribution that draws attention to the current regulatory regime's systemic problems, thereby encouraging serious discussion about how to "reinvent" the regulatory process. Breyer courageously points out that the political legitimacy of the process rests to some degree on the effectiveness of its product. This Review outlines the systemic problems and the "vicious circle" identified by Justice Breyer and then proceeds to review his proposed solution. The final part presents several criticisms of …


On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier Jan 1995

On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier

Articles

Uniform standards are much favored among the makers of federal environmental policy in the United States, which is to say, among the members of Congress. By and large-judging at least from the legislation it has enacted-Congress expects the air and water eventually to meet the same minimum levels of quality in every state in the country, and expects each pollution source in any industrial category or subcategory to be controlled just as much as every other such source, notwithstanding the source's location or other peculiar characteristics. There are exceptions to these generalizations, but they are exceptions and not the rule.1 …


The Case Against Regulating The Market For Contingent Employment, Maria O'Brien Jan 1995

The Case Against Regulating The Market For Contingent Employment, Maria O'Brien

Faculty Scholarship

No abstract provided.