Regulation and distribution

RL Revesz - NYUL Rev., 2018 - HeinOnline
The dominant academic view with respect to regulatory policy holds that individual
regulations should not concern themselves with questions of distribution. Instead, rules …

Well-being analysis vs. cost-benefit analysis

J Bronsteen, C Buccafusco, JS Masur - DukE lJ, 2012 - HeinOnline
Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative
decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into …

Agencies as adversaries

DA Farber, AJ O'Connell - California Law Review, 2017 - JSTOR
Conflict between agencies and outsiders—whether private stakeholders, state governments,
or Congress—is the primary focus of administrative law. But battles also rage within the …

Coping with uncertainty: Cost-benefit analysis, the precautionary principle, and climate change

DA Farber - Wash. L. Rev., 2015 - HeinOnline
Climate scientists are confident that greenhouse gases are causing climate change, but it is
difficult to predict the severity of future climate change or its local impacts. Unfortunately, we …

Cost-benefit analysis and agency independence

MA Livermore - U. Chi. L. Rev., 2014 - HeinOnline
The presidential mandate that agency rule makings be subjected to costbenefit analysis and
regulatory review is one of the most controversial develop-ments in administrative law over …

Regulatory Review in Anti-Regulatory Times

DA Farber - Chi.-Kent L. Rev., 2019 - HeinOnline
The 2016 elections put the Republican Party firmly in control of Congress and the White
House. After a year in office, President Trump proudly announced that"[n] o president has …

Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives Regulation

SJ Griffith - Minn. L. Rev., 2013 - HeinOnline
Substituted Compliance and Systemic Risk: How to Make a Global Market in Derivatives
Regulation Page 1 Article Substituted Compliance and Systemic Risk: How to Make a Global …

Rethinking the Role of Cost-Benefit Analysis

DA Farber - 2009 - JSTOR
For almost thirty years, regulatory agencies like the Environmen tal Protection Agency (EPA)
have been required to perform cost benefit analyses that are subject to review by the Office …

Reanalyzing Cost-Benefit Analysis: Toward a Framework of Function (s) and Form (s)

RB Ahdieh - NYUL Rev., 2013 - HeinOnline
Federal regulation of the financial markets has been contested from its earliest days. In
succession, the Securities Act of 1933 and the Securities Exchange Act of 1934 faced strong …

Administrative law, public administration, and the administrative conference of the United States

GE Metzger - Geo. Wash. L. Rev., 2014 - HeinOnline
From its birth, administrative law has claimed a close connection to governmental practice.
Yet as administrative law has grown and matured it has moved further away from how …