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Now showing items 21-30 of 43
Bargaining in the Shadow of Administrative Procedure: The Public Interest in Rulemaking Settlement
(Duke Law Journal, 2001)
This article addresses problems associated with settlement of appeals of legislative rules adopted by administrative agencies. Settlement is a common and important tool for avoiding litigation, but it also raises potential ...
The Electric Deregulation Fiasco: Looking to Regulatory Federalism to Promote a Balance Between Markets and the Provision of Public Goods
(Michigan Law Review, 2002)
The Essay uses three recent books - two by a historians and one by an economist - to address the electric power deregulation fiasco in the U.S. It argues that public law has an important role to play in deregulated markets. ...
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 ...
Clean Energy and the Price Preemption Ceiling
(San Diego Journal of Climate & Energy Law, 2012)
Since the New Deal, federal preemption has precluded many state and local regulatory decisions that depart from wholesale electric prices determined under federal standards. Recent decisions treat prices that meet the ...
The False Promise of the "New" NonDelegation Doctrine
(Notre Dame Law Review, 2000)
This essay responds to claims that the "new" nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in "American Trucking Association, Inc. v. EPA", 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. ...
Disentangling Deregulatory Takings
(Virginia Law Review, 2000)
Constitutional takings protections, such as those in the Fifth Amendment of the United States Constitution, create a potential for state liability for changes in regulatory policy by governments. This Article critiques ...
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 Puzzle of State Constitutions
(Buffalo Law Review, 2006)
In a series of groundbreaking articles published over the past fifteen years, James Gardner has led the charge to make state constitutionalism a part of the constitutional law discussion more generally. His new book, ...
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. ...