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Waivers, Flexibility, and Reviewability
(Chicago -Kent Law Review, 1997)
In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...
Lessons from the Procedural Politics of the "Comprehensive" National Energy Policy Act of 1992
(Harvard Environmental Law Review, 1995)
This Article examines the political and procedural history of the EPAct in order to arrive at some general lessons and recommendations regarding congressional formation of energy policy. At least two commentators on the ...
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 ...
Constitutional Isolationism and the Limits of State Separation of Powers as a Barrier to Interstate Compacts
(Marquette Law Review, 2007)
In this Essay, I address the question of which branch of state government ought to have the authority to negotiate interstate compacts - a question of state separation of powers. Recent case law interpreting state constitutions ...
Assessing the State of State Constitutionalism
(Michigan Law Review, 2011)
State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s ...
Universal Service in Competitive Retail Electric Power Markets: Whither the Duty to Serve?
(Energy Law Journal, 2000)
This article addresses whether traditional service obligations can coexist with retail competition. A rationale often given for universal service obligations in the telecommunications industry is that universal service, ...
Electric Power Resource "Shuffling" and Subnational Carbon Regulation: Looking Upstream for a Solution
(San Diego Journal of Climate & Energy Law, 2014)
"Resource shuffling" occurs when different subnational approaches to carbon regulation create variations in the costs of production across jurisdictions. California is the most aggressive jurisdiction in the United States ...
Supply and Demand: Barriers to a New Energy Future
(Vanderbilt Law Review, 2012)
Like many fields, energy law has had its ups and downs. A period of remarkable activity in the 1970s and early 1980s focused on the efficiencies arising from deregulation of energy markets, but the field attracted much ...
Agency Coordination in Shared Regulatory Space
(Harvard Law Review, 2012)
This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...
Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State?
(Florida State University Law Review, 2000)
Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...