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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 ...
Developing a Positive Theory of Decisionmaking on U.S. Courts of Appeals
(Ohio State Law Journal, 1998)
As the decisions of the United States Courts of Appeals become an increasingly important part of American legal discourse, the debate concerning adjudication theories of the circuit courts gain particular relevance. Whereas, ...
Public Choice Theory and the Fragmented Web of the Contemporary Administrative State
(Michigan Law Review, 1998)
In the recent book, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (Yale U. Press 1997), Jerry Mashaw addresses the convergence between public choice and administrative law. This review essay ...
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. ...
Beyond All Criticism?
(Minnesota Law Review, 1999)
We knew, of course, that we were treading on dangerous ground in challenging radical multiculturalism. In writing Beyond All Reason we argued that the radicals' postmodern theories conflict deeply with their own laudable ...
Redistribution Through Discriminatory Taxes: A Contractarian Explanation of the Role of the Courts
(George Mason Law Review, 1998)
What role should courts serve regarding wealth redistribution through tax provisions? Perhaps they should base decisions on efficiency grounds, protecting society from the transactions costs and other wealth reductions ...
Risk Perceptions in Regulation, Tort Liability, and the Market
(Regulation, 1991)
Risk regulations are generally based on a stylized view of the behavior of the individuals affected by the regulation. These behavioral assumptions establish the basis for regulation and also influence the character of the ...
Setting an Agenda for the Study of Tax and Black Culture
(UALR Law Review, 1999)
At present the Internal Revenue Code unthinkingly reflects many aspects of white culture including historical opportunities that whites have received for wealth building and marriage. In order for the federal tax laws to ...
Realigning Corporate Governance: Shareholder Activism by Labor Unions
(Michigan Law Review, 1998)
This paper investigates the increased shareholder activism by labor unions and their pension funds, who are now the most aggressive institutional shareholders. Sometimes unions propose traditional corporate-governance ...
The Effect of Shareholder Proposals on Executive Compensation
(University of Cincinnati Law Review, 1999)
During the last decade, the stratospheric increases in Chief Executive Officer (CEO) pay levels have made executive compensation a popular target for shareholder activism, particularly when high pay is accompanied by poor ...