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The Political Economy of Energy and Its Implications for Climate Change Legislation
(Tulane Law Review, 2009)
Public choice themes have arisen throughout the history of U.S. energy regulation and continue to be relevant today, particularly with widespread discussion of deregulation and increased attention to climate change. This ...
"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 ...
Respecting Deference: Conceptualizing Skidmore Within the Architecture of Chevron
(William and Mary Law Review, 2001)
This Article addresses critically the implications of the U.S. Supreme Court's recent decision in Christensen v. Harris County, 120 S.Ct. 1655 (2000), for standards of judicial review of agency interpretations of law. ...
The New Frontier of State Constitutional Law
(William and Mary Law Review, 2005)
In the past decade, a new frontier of constitutional discourse has begun to emerge, adding a fresh perspective to state constitutional law. Instead of treating states as jurisdictional islands in a sea under reign of the ...
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 ...
The Trojan Horse of Electric Power Transmission Line Siting Authority
(Environmental Law, 2009)
Reform proposals pending in the U.S. Congress would increase federal and regional power to preempt states in siting transmission lines on order to allow the development of a high-votage transmission grid for renewable ...
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 ...
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 ...
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 ...