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The Common Law "Duty To Serve" and Protection of Consumers in an Age of Competitive Retail Public Utility Restructuring
(Vanderbilt Law Review, 1998)
This article addresses the implications of retail competition in public utility industries, particularly electricity, for utility service obligations. After tracing the history of the common law duty to serve applicable ...
Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction
(Iowa Law Review, 2007)
Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other--especially as traditional governmental functions are privatized and as economic regulation ...
Dual Constitutions and Constitutional Duels: Separation of Powers and State Implementation of Federally Inspired Regulatory Programs and Standards
(William and Mary Law Review, 2005)
Frequently, state-wide executive agencies and localities attempt to implement federally-inspired programs. Two predominant examples are cooperative federalism programs and incorporation of federal standards in state-specific ...
Clean Energy and the Price Preemption Ceiling
(San Diego Journal of Climate & Energy Law, 2012)
Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the ...
The Puzzle of State Constitutions
(Buffalo Law Review, 2006)
In a series of groundbreaking articles published over the past fifteen years, James Gardner has led the charge to make state constitutionalism a part of the constitutional law discussion more generally. His new book, ...
Participation Run Amok: The Costs of Mass Participation for Deliberative Agency Decisionmaking
(Northwestern University Law Review, 1997)
This Article addresses the implications of broad-based participatory reforms for administrative process, with a particular focus on how participation reveals itself in different political-theoretic models of agency governance. ...
Empirical Measures of Judicial Performance: An Introduction to the Symposium
(Florida State University Law Review, 2005)
Inspired by the burgeoning empirical literature on the judiciary, the editors of the Florida State University Law Review have solicited some papers from leading scholars and federal courts of appeals judges, asking them ...
Institutional Design and the Lingering Legacy of Antifederalist Separation of Powers Ideals in the States
(Vanderbilt Law Review, 1999)
This Article applies comparative institutional analysis to separation of powers under state constitutions, with a particular focus on the nondelegation doctrine and states' acceptance of Chadha-like restrictions on legislative ...
Siting Transmission Lines in a Changed Milieu: Evolving Notions of the "Public Interest" In Balancing State and Regional Considerations
(University of Colorado Law Review, 2010)
This Article discusses how state public utility law presents a barrier to the siting of new high voltage transmission lines to serve renewable resources, and how states could approach its evolution in order to preserve a ...
State Executive Lawmaking in Crisis
(Duke Law Journal, 2006)
Courts and scholars have largely overlooked the constitutional source and scope of a state executive's powers to avert and respond to crises. This Article addresses how actual and perceived legal barriers to executive ...