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Now showing items 1-10 of 11
"Statutory NonDelegation": Learning from Florida's Recent Experience in Administrative Procedure Reform
(Widener Journal of Public Law, 1999)
In this Article, I assess one of the more notable reforms Florida made to its APA in 1996 with the intention of enhancing the accountability of agency rulemaking, and I discuss the lessons other state reformers can learn ...
Redeeming Judicial Review: The Hard Look Doctrine and Federal Regulatory Efforts to Restructure the Electric Utility Industry
(Wisconsin Law Review, 1994)
Recent policy-effect studies denounce judicial review for its adverse effects on agency decisionmaking. In its strong version, the policy-effect thesis suggests that judicial review has paralized innovative agency ...
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 ...
The Irony of Deregulatory Takings
(Texas Law Review, 1998)
This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue ...
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 ...
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 ...
An Empirical Examination of the Iowa Bar's Approach to Regulating Lawyer Advertising
(Iowa Law Review, 1991)
Since the Supreme Court held the prohibition of lawyer advertising unconstitutional in Bates v. State Bar of Arizonal American lawyers have engaged in heated debate over the appropriateness of advertising for their profession. ...
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 ...
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 ...