Law Commons^™

Administrative Agencies: A Comparison Of New Hampshire And Federal Agencies’ History, Structure And Rulemaking Requirements, Scott F. Johnson

The University of New Hampshire Law Review

[Excerpt] "In this day and age it is difficult to think of anything that is not regulated in some way by a state or federal agency. State and federal agencies routinely make decisions that impact our daily lives. The air we breathe, the water we drink, the food we eat, the clothes we wear, and the places where we live and work are all regulated to some extent.

Agencies sometimes regulate things in ways that lead to strange results. For example, New Hampshire, state regulations allow anyone to own a yak, a bison, a wild boar, or an emu, but …

The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor

The University of New Hampshire Law Review

[Excerpt] "It is often argued that all attorneys practicing in the United States – regardless of the function they perform in the American justice system – are purely private actors working in a free market system. This article examines whether it is true that all attorneys in every instance should be equated, as a matter of public policy, with other private actors.

This article explores why not all attorneys function in a free market, and consequently their remuneration should not always remain unregulated. Attorneys who file lawsuits can, by simply filing a complaint at their unfettered discretion, immediately subject defendants …

Regional Headquarters Schemes By China’S Ministry Of Commerce And The Shanghai Municipal Government: Differences, Limitations, And Possible Combinations, Benjamin Kroymann

The University of New Hampshire Law Review

[Excerpt] "As large multinational companies (“MNCs”) are continuously extending their Chinese market presence, many are considering moving their Asian-Pacific Headquarters to China. In an attempt to attract MNCs’ Regional Headquarters to Mainland China, the Chinese central government is not only faced with competition from regional hubs, such as Singapore and Hong Kong, but also from internal rivals, such as the Shanghai and Beijing municipal governments.

This article analyzes recently passed regulations on the establishment of Regional Headquarters by MNCs in China at the national and the municipal level. The focus will be on Shanghai’s set of regulations, issued in 2002 …

Bse: Risk, Uncertainty, And Policy Change, Enda Cummins, Pat Grace, Kevin Mcdonnell, Shane Ward

RISK: Health, Safety & Environment (1990-2002)

The authors discuss how, in our "risk society," a range of potential risks and uncertainties are associated with new technologies and new diseases, such as BSE. These risks bring with them worries about human health, while the ability to assess and manage new health scares is an essential skill for government and related industries.

Workplace Pollution: Nuclear Safety, Ethics, And The Exploitation--Avoidance Argument, Kristin Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

The author reviews evidence of poor worker health and safety practices in United States Department of Energy nuclear facilities in contending that less protective standards for workplace hazards constitute an environmental injustice not rectified by a hazard pay premium.

Institutional Controls For Contaminated Sites: Help Or Hazard, Mary R. English, Robert B. Inerfeld

RISK: Health, Safety & Environment (1990-2002)

The authors discuss the different institutional controls available to control long term site remediation of hazardous waste to prevent exposure to residual contamination.

Environmental Risk And The Traditional Sector Approach: Market Efficiency At The Core Of Environmental Law, John Martin Gillroy

RISK: Health, Safety & Environment (1990-2002)

Professor Gillroy provides an in-depth discussion on the evolution of environmental law and the proposition that market efficiency has been, and still is, at its core.

Pigford, Shrader-Frechette & The Nrc Report On Yucca Mountain: Comment, David Okrent

RISK: Health, Safety & Environment (1990-2002)

Dr. Okrent raises several questions related to, e.g., the uneven application of the goal of intergenerational equity.

The Regulation And Development Of Bioremediation, Susan J. Timian, D. Michael Connolly

RISK: Health, Safety & Environment (1990-2002)

The authors describe how federal statutes regulating hazardous wastes create both incentives and disincentives for exploiting the large potential of bioremediation. Ultimately, they argue for regulation attending more to comparative risks and costs.

Resolving Technological Controversies In Regulatory Agencies, Sidney A. Shapiro

RISK: Health, Safety & Environment (1990-2002)

Professor Shapiro notes that, e.g., advisory committees may increase technical accuracy at the price of delaying already slow rule making and urges Congress and the courts to provide agencies with broad procedural discretion.

The Regulatory Reform Recommendations Of The National Performance Review, Jeffrey S. Lubbers

RISK: Health, Safety & Environment (1990-2002)

Of ten recommendations Mr. Lubbers discusses, several were of particular interest. These include encouraging consensus-based rule making and ADR in enforcement, as well as ranking risks and improving regulatory science.

Regulation Vs. The Market: The Case Of Bicycle Safety (Part I), Ross D. Petty

RISK: Health, Safety & Environment (1990-2002)

This part of the article describes events leading to the creation of the Consumer Product Safety Commission - and the on-going debate between those who believe safety regulation is necessary and those who believe that market forces can achieve acceptable levels of Risk. The author also sets the stage for a detailed examination of bicycle Risk. In the next issue, he compares the accomplishments of the CPSC's bicycle standard with, e.g., the development and use of hard-shell bicycle helmets. Moreover, he discusses the role of tort liability in managing Risk and ultimately concludes that, in the case of bicycle safety, …

Public Participation In Risk Regulation, Thomas O. Mcgarity

RISK: Health, Safety & Environment (1990-2002)

After discussing the increasing recognition of different kinds of claims for public participation in Risk regulation, this paper discusses a spectrum of approaches and examines six points along its range.