J Gersen, A Vermeule - Mich. L. Rev., 2015 - HeinOnline
Under Section 706 (2)(A) of the Administrative Procedure Act (APA), courts" shall" set aside agency action that is" arbitrary [and] capricious."'The conventional antonym of" arbitrary and …
Standard questions in the theory of administrative law involve the allocation of power among legislatures, courts, the President, and various types of agencies. These questions are often …
ARTICLE Page 1 ARTICLE TOWARD A PIGOUVIAN STATE JONATHAN S. MASUR & ERIC A. POSNERt Most economists believe that the government should impose Pigouvian taxes …
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 …
The world's largest companies, including Apple, Google, and Microsoft, are racing to develop artificially intelligent butlers (AIs). They aim to allow consumers to outsource the …
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian …
CR Sunstein - Harv. Envtl. L. Rev., 2017 - HeinOnline
When an agency fails to engage in quantitative cost-benefit analysis, has it acted arbitrarily and hence in violation of the Administrative Procedure Act? At first glance, the question …
JS Masur, EA Posner - The University of Chicago Law Review, 2018 - JSTOR
The two most vilified cases in administrative law are Business Roundtable v Securities and Exchange Commission and Corrosion Proof Fittings v Environmental Protection Agency. In …
There is a broad consensus that global warming threatens the well-being of people around the world, and that national governments should take steps to curb warming and alleviate …