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Articles 91 - 111 of 111
Full-Text Articles in Administrative Law
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Faculty Scholarship
Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.
Faculty Scholarship
One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …
Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner
Implementing Cost-Benefit Analysis When Preferences Are Distorted, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
Cost-benefit analysis is routinely used by government agencies in order to evaluate projects, but it remains controversial among academics. This paper argues that cost-benefit analysis is best understood as a welfarist decision procedure and that use of cost-benefit analysis is more likely to maximize overall well-being than is use of alternative decision-procedures. The paper focuses on the problem of distorted preference. A person's preferences are distorted when his or her satisfaction does not enhance that person's well-being. Preferences typically thought to be distorted in this sense include disinterested preferences, uninformed preferences, adaptive preferences, and objectively bad preferences; further, preferences may …
Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Introduction, To Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
No abstract provided.
Incommensurability And Cost-Benefit Analysis, Matthew D. Adler
Incommensurability And Cost-Benefit Analysis, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Law And Incommensurability: Introduction, Matthew D. Adler
Law And Incommensurability: Introduction, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Faculty Scholarship
Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …
Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter
Rule Of Too Much Law? The New Safety/Soundness Rulemaking Responsibilities Of The Federal Banking Agencies, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Rule-Making And Policy Formulation In South African Administrative-Law Reform, Lawrence G. Baxter
Rule-Making And Policy Formulation In South African Administrative-Law Reform, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast
Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast
Faculty Scholarship
No abstract provided.
Legal Education And Public Policy, Lawrence G. Baxter
Legal Education And Public Policy, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Administrative Institutions And The Administrative Process, Lawrence G. Baxter
Administrative Institutions And The Administrative Process, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Book Review, Administrative Law, Lawrence G. Baxter
Book Review, Administrative Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Busfare Increases And Administrative Irregularities, Lawrence G. Baxter
Busfare Increases And Administrative Irregularities, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter
Curing Defects Of Natural Justice By Appeal, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter
Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn
Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn
Faculty Scholarship
No abstract provided.
Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn
Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn
Faculty Scholarship
No abstract provided.
The Place And Function Of Judicial Review In The Administrative Process, Robert Kramer
The Place And Function Of Judicial Review In The Administrative Process, Robert Kramer
Faculty Scholarship
No abstract provided.