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Full-Text Articles in Law
Responding To Agency Avoidance Of Oira, Nina A. Mendelson, Jonathan B. Wiener
Responding To Agency Avoidance Of Oira, Nina A. Mendelson, Jonathan B. Wiener
Faculty Scholarship
Concerns have recently been raised that US federal agencies may sometimes avoid regulatory review by the White House Office of Information and Regulatory Affairs (OIRA). In this article, we assess the seriousness of such potential avoidance, and we recommend a framework for evaluating potential responses. After summarizing the system of presidential regulatory oversight through OIRA review, we analyze the incentives for agencies to cooperate with or avoid OIRA. We identify a wider array of agency avoidance tactics than has past scholarship, and a wider array of corresponding response options available to OIRA, the President, Congress, and the courts. We argue …
Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Christopher Buccafusco, Jonathan S. Masur
Innovation And Incarceration: An Economic Analysis Of Criminal Intellectual Property Law, Christopher Buccafusco, Jonathan S. Masur
Faculty Scholarship
No abstract provided.
The Social Value Of Mortality Risk Reduction: Vsl Vs. The Social Welfare Function Approach, Matthew D. Adler, James K. Hammitt, Nicolas Treich
The Social Value Of Mortality Risk Reduction: Vsl Vs. The Social Welfare Function Approach, Matthew D. Adler, James K. Hammitt, Nicolas Treich
Faculty Scholarship
We examine how different welfarist frameworks evaluate the social value of mortality risk reduction. These frameworks include classical, distributively unweighted cost–benefit analysis—i.e., the “value per statistical life” (VSL) approach—and various social welfare functions (SWFs). The SWFs are either utilitarian or prioritarian, applied to policy choice under risk in either an “ex post” or “ex ante” manner. We examine the conditions on individual utility and on the SWF under which these frameworks display sensitivity to wealth and to baseline risk. Moreover, we discuss whether these frameworks satisfy related properties that have received some attention in the literature, namely equal value of …