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Regulation

1991

Journal

Law and Contemporary Problems

Articles 1 - 9 of 9

Full-Text Articles in Law

The Case For Integrated Pollution Control, Lakshman Guruswamy Oct 1991

The Case For Integrated Pollution Control, Lakshman Guruswamy

Law and Contemporary Problems

An integrated approach to pollution control (IPC) is advocated. The disadvantages of the EPA's current fragmented approach are examined, and the advantages and difficulties posed by implementing an integrated approach are discussed. The EPA can develop several practicable measures to overcome these difficulties.


Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg Oct 1991

Checks And Balance: Limitations On The Power Of Congressional Oversight, Steven Shimberg

Law and Contemporary Problems

An examination by Lazarus (1991) of the adversarial effects of congressional oversight on the EPA is erroneous in its premise that congressional oversight is a powerful tool that can make or break the EPA and unduly influence the implementation of federal environmental policy. A review of the seven "disadvantages" of congressional oversight of the EPA cited by Lazarus is presented.


The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity Oct 1991

The Internal Structure Of Epa Rulemaking, Thomas O. Mcgarity

Law and Contemporary Problems

The EPA's evolving internal decisionmaking structures as they relate to the agency's primary function of promulgating rules and regulations are examined. As an agency addressing complex scientific, economic and technological issues, the EPA must draw upon many different kinds of expertise and has developed a unique version of "bureaucratic pluralism" as manifested in the "team" model that dominates the EPA's institutional thought process.


The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus Oct 1991

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Law and Contemporary Problems

The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure.


A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn Jul 1991

A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn

Law and Contemporary Problems

A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.


The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii Jul 1991

The Effects Of Fee Shifting On The Settlement Rate: Theoretical Observations On Costs, Conflicts, And Contingency Fees, John J. Donohue Iii

Law and Contemporary Problems

Litigation costs could be conceived as a bribe to parties to reach a contractual agreement settling their dispute. The question of what effect fee-shifting rules might have on the rate of settlements in lawsuits is examined.


“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer Jul 1991

“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer

Law and Contemporary Problems

Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.


From “Cases” To “Litigation”, Judith Resnik Jul 1991

From “Cases” To “Litigation”, Judith Resnik

Law and Contemporary Problems

Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.


Comment On Donohue, Danny Boggs Jul 1991

Comment On Donohue, Danny Boggs

Law and Contemporary Problems

A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.