Agency Autonomy and the Unitary Executive

As moderator of this distinguished panel, I shall try to set the scene. I shall argue that we must separate two important issues: the first, separation of powers, raises issues of constitutional law; and the second, Presidential control of agency decision making, raises issues of fair and effective government. In discussing each, I shall raise a few points designed to lead you to conclude that the two sets of issues do not have much to do with each other, that the second set of issues is far more important than the first, and that at the heart of the second set lies the question of governmental coordination of both substantive policy and relevant law. Whether I succeed or not, we shall then go on to hear from Judge Silberman, a judicial expert on separation of powers, from Professor Elliot, who, as General Counsel of EPA, can examine the coordination problem from an agency\u27s point of view, and Mr. Eastland, a former high Justice Department official, familiar with its perspectives, problems and needs

Regulation and the Evolution of Corporate Boards: Monitoring, Advising or Window Dressing?

An earlier version of this paper was entitled “Deregulation and Board Composition: Evidence on the Value of the Revolving Door.”It is generally agreed that boards are endogenously determined institutions that serve both oversight and advisory roles in a firm. While the oversight role of boards has been extensively studied, relatively few studies have examined the advisory role of corporate boards. We examine the participation of political directors on the boards of natural gas companies between 1930 and 1998. We focus on the expansion of federal regulation of the natural gas industry in 1938 and 1954 and subsequent partial deregulation in 1986. Using data sets covering the periods from 1930 to 1990 and 1978 to 1998, we test whether regulation and deregulation altered the composition of companies' boards as the firms' environment changed. In particular, did regulation cause an increase and deregulation a decrease in the number of political directors on corporate boards? We find evidence that the number of political directors increases as firms shift from market to political competition. Specifically, the regulation of natural gas is associated with an increase in the number of political directors and deregulation is associated with a decrease in the number of political directors on boards

Modern Industrial Economics and Competition Policy: Open Problems and Possible Limits

Naturally, competition policy is based on competition economics made applicable in terms of law and its enforcement. Within the different branches of competition economics, modern industrial economics, or more precisely gametheoretic oligopoly theory, has become the dominating paradigm both in the U.S. (since the 1990s Post-Chicago movement) and in the EU (so-called more economic approach in the 2000s). This contribution reviews the state of the art in antitrust-oriented modern industrial economics and, in particular, critically discusses open questions and possible limits of basing antitrust on modern industrial economics. In doing so, it provides some hints how to escape current enforcement problems in industrial economics-based competition policy on both sides of the Atlantic. In particular, the paper advocates a change of the way modern industrial economics is used in competition policy: instead of more and more case-by-cases analyses, the insights from modern industrial economics should be used to design better competition rules

Administrative Law and Regulatory Policy: Problems, Text, and Cases, 9th Edition

The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it.https://larc.cardozo.yu.edu/faculty-books/1104/thumbnail.jp

Administrative Law and Regulatory Policy: Problems, Texts, and Cases, 7th Edition

Outstanding authorship, rich materials, and systematic coverage are the hallmarks of Administrative Law and Regulatory Policy, now in its seventh edition. Administrative procedure is examined in light of substantive policy debates in areas such as health, safety, environmental protection, and economic regulation. Questions, notes, and problems support thoughtful reading and analysis of Supreme Court decisions, agency actions, and matters of contemporary debate. A careful and rigorous revision, the Seventh Edition updates content throughout, gives consistent attention to detail, and tightens the presentation. Combining attention to the most recent developments in the field with the rigor and breadth that have always characterized this classic book, the Seventh Edition offers a thorough and timely overview of administrative law.https://larc.cardozo.yu.edu/faculty-books/1114/thumbnail.jp

Administrative Law and Regulatory Policy : Problems, Text, and Cases

https://larc.cardozo.yu.edu/faculty-books/1045/thumbnail.jp

Administrative Law and Regulatory Policy : Problems, Text, and Cases

https://larc.cardozo.yu.edu/faculty-books/1045/thumbnail.jp

Administrative Law and Regulatory Policy: Problems, Text, and Cases, 9th Edition

The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it.https://larc.cardozo.yu.edu/faculty-books/1104/thumbnail.jp