Formal models of bureaucracy

S Gailmard, JW Patty - Annual Review of Political Science, 2012 - annualreviews.org
In the past decade, political science has witnessed a substantial amount of research using
formal models to explicate the rationale for and effects of myriad aspects of bureaucratic …

Constitutional courts in comparative perspective: A theoretical assessment

G Vanberg - Annual Review of Political Science, 2015 - annualreviews.org
In many democratic polities, constitutional courts significantly shape the political landscape.
Yet, how they are able to do so is a puzzle: With limited resources at their disposal, and no …

1930s Redux: The Administrative State Under Seige

GE Metzger - Harv. L. Rev., 2017 - HeinOnline
E ighty years on, we are seeing a resurgence of the antiregulatory and antigovernment
forces that lost the battle of the New Deal. President Trump's administration has proclaimed …

Inside agency statutory interpretation

CJ Walker - Stan. L. Rev., 2015 - HeinOnline
Given the rise and rise of the modern administrative state, 1 the focus and function of
lawmaking have shifted from judge-made common law, to congressionally enacted statutes …

The structural role of private enforcement mechanism in public law

JM Glover - Wm. & Mary L. Rev., 2011 - HeinOnline
The American regulatory system is unique in that it expressly relies on a diffuse set of
regulators, including private parties, rather than on a centralized bureaucracy for the …

Agencies as litigation gatekeepers

DF Engstrom - Yale lJ, 2013 - HeinOnline
A central challenge in the modern regulatory state is rationalizing and coordinating multiple,
overlapping, and interdependent public and private enforcement mechanisms. To that end …

Chevron as a Canon, Not a Precedent: An Empirical Study of What Motivates Justices in Agency Deference Cases

CN Raso, WN Eskridge Jr - Colum. L. Rev., 2010 - HeinOnline
In 1998, Jackson, Mississippi adopted a pay raise plan in order to retain its municipal
employees who were tempted to leave for better-paying jobs elsewhere. The schedule …

An aggregate approach to antitrust: Using new data and rulemaking to preserve drug competition

CS Hemphill - Colum. L. Rev., 2009 - HeinOnline
Antitrust policymaking in the United States has a tension at its core. Antitrust law" maintain [s]
certain basic rules of competition" as a way to preserve low prices, efficient production, and …

Is antitrust too complicated for generalist judges? The impact of economic complexity and judicial training on appeals

MR Baye, JD Wright - The Journal of Law and Economics, 2011 - journals.uchicago.edu
The recent increase in the demand for expert economic analysis in antitrust litigation has
improved the welfare of economists; however, the law and economics literature is silent on …

Discovery as Regulation

DA Zambrano - Michigan Law Review, 2020 - JSTOR
This article develops an approach to discovery that is grounded in regulatory theory and
administrative subpoena power. The conventional judicial and scholarly view about …