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What Is the Real Effect of OIRA Application of Cost Benefit Analysis? - Jotwell: Administrative Law

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The Journal of Things We Like (Lots). What Is the Real Effect of OIRA Application of Cost Benefit Analysis? November 1st, 2013. Michael A. Livermore,. Cost-Benefit Analysis and Agency Independence. 81 U Chi. L. Rev. Forthcoming, 2014), available at SSRN. The Office of Information and Regulatory Affairs (OIRA). In the Office of Management and Budget (OMB). Has been applying cost-benefit analysis (CBA. S meticulously researched and well argued article challenges this enduring belief. As Livermore recognize...

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Unifying the Not-So-Unitary Executive - Jotwell: Administrative Law

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The Journal of Things We Like (Lots). Unifying the Not-So-Unitary Executive. June 17th, 2014. The President’s Agency Selection Powers. 65 Admin. L. Rev. 821 (2013), available at SSRN. S recent article on what he calls presidential agency selection powers,. The President’s Agency Selection Powers. 65 Admin. L. Rev. 821 (2013), provides new insight into a president’s capacity to shape regulatory policy even without relying on a so-called unitary executive reading of the Constitution. There are two reasons,...

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The Place of Permits in the Quiver of Administrative Action - Jotwell: Administrative Law

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The Journal of Things We Like (Lots). The Place of Permits in the Quiver of Administrative Action. April 9th, 2015. Eric Biber and J.B. Ruhl,. The Permit Power Revisited: The Theory and Practice of Regulatory Permits in the Administrative State. 64 Duke L.J. The Permit Power Revisited: The Theory and Practice of Regulatory Permits in the Administrative State. And JB. Ruhl. The Permit Power Revisited. The Permit Power Revisited. Categorizes permits along a continuum and demonstrates how judicious choice o...

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New Wine, Old Bottles, and a Do-Nothing Congress - Jotwell: Administrative Law

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The Journal of Things We Like (Lots). New Wine, Old Bottles, and a Do-Nothing Congress. March 11th, 2015. Jody Freeman and David B. Spence,. Old Statutes, New Problems. 163 U Pa. L. Rev. That created a sweeping new pollution permit program under 13, the Act’s potential for water pollution control has only recently been recognized. Richard Nixon, Statement on Signing Executive Order Establishing a Water Quality Enforcement Program. Dec 23, 1970). This striking repurposing of a 19. Congressional checking e...

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Salarization’s Impact on Governmental Legitimacy - Jotwell: Administrative Law

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The Journal of Things We Like (Lots). Salarization’s Impact on Governmental Legitimacy. October 31st, 2014. Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940. As a member of the ABA Administrative Law and Regulatory Practice Section’s Scholarship Award Committee, I would like to recommend this year’s winning submission, Professor Nicholas Parrillo. Against the Profit Motive: The Salary Revolution in American Government, 1780-1940. JOTWELL (October 31...

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We Found Out That Counting Lizard Poop Is Not A Good Way To Count Lizards: Now What? - Jotwell: Administrative Law

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The Journal of Things We Like (Lots). We Found Out That Counting Lizard Poop Is Not A Good Way To Count Lizards: Now What? January 6th, 2015. Rationally Arbitrary Decisions (in Administrative Law). Harv L. Sch. Pub. L. and Legal Theory Res. Paper Series. 2013), available at SSRN. Has a knack for giving irresistible titles to articles that ask deep questions about administrative law as demonstrated by the essay that is the subject of this little jot,. Rationally Arbitrary Decisions (in Administrative Law).

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Meet the Editors | Constitutional Law

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The Journal of Things We Like (Lots). Constitutional Law Section Editors. The Section Editors choose the Contributing Editors and exercise editorial control over their section. In addition, each Section Editor will write at least one contribution ( jot ) per year. Questions about contributing to a section ought usually to be addressed to the section editors. Professor Patrick O. Gudridge. Vice Dean and Professor of Law. University of Miami School of Law. Gordon Rosen Professor of Law. Professor Vicki C&#...

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A Revival of Lochner? | Constitutional Law

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The Journal of Things We Like (Lots). A Revival of Lochner? Jun 15, 2015. Thomas Colby and Peter J. Smith,. The Return of Lochner. 100 Cornell L. Rev. Lochner v. New York. Has begun to erode, at least among conservatives. Provide an excellent account of why this trend began, and how it compares with previous developments in conservative and liberal legal thought. As they emphasize, even when the anti-. Does more harm than good. For them, the error of. Lay in the fact that it protected an unenumerated rig...

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A Compassion for the Law | Constitutional Law

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The Journal of Things We Like (Lots). A Compassion for the Law. Feb 24, 2017. Compassion and the Rule of Law. 13 Intl. J. Law in Context. Forthcoming 2017), available at SSRN. S fascinating article,. Compassion and the Rule of Law. Deals well with a closely related topic. Her examples are drawn mostly from constitutional law, but the analysis has broader implications. (Bandes has authored prominent books and articles on the role of passion and emotions in the law.). Brown v. Board of Education. Case did ...