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Now showing items 31-40 of 43
Lowering the Filed Tariff Shield: Judicial Enforcement for a Deregulatory Era
(Vanderbilt Law Review, 2003)
The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has strayed from its origins. Instead of protecting consumers, the doctrine has evolved into a shield for regulated firms against ...
Beyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Markets
(Michigan State DCL Law Review, 2003)
Regulatory agencies are increasingly adopting ex ante rules to set market access terms and conditions for network industries. At the same time, in industries such as telecommunications and electric power transmission and ...
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 ...
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 ...
Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism
(Washington University Law Quarterly, 2005)
Federal judicial deference to state and local regulation is at the center of contentious debates regarding the implementation of competition policy. This Article invokes a political process bargaining framework to develop ...
The Shaky Political Economy Foundation of a National Renewable Electricity Requirement
(University of Illinois Law Review, 2011)
This Article argues that a national renewable portfolio standard (RPS) for electric power is not likely to advance its purported goals, nor is it likely to be adopted by Congress in its present proposed form. For one, a ...
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 ...
The 1996 Revised Florida Administrative Procedure Act: A Survey of Major Provisions Affecting Florida Agencies
(Florida State University Law Review, 1997)
This Article examines the recent history of APA reform in Florida and surveys several provisions of the 1996 revised Florida APA that are likely to have a major effect on agency governance. Part II of this Article briefly ...
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 ...