Add to ORKGAdministrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk-from financial, data and homeland security risk to the risk of conflicts of interest-increasingly mandates broad policy outcomes and accords regulated parties wide discretion in deciding how to interpret and achieve them. Yet the dominant paradigm of administrative enforcement, monitoring and threats of punishment, is ill suited to oversee the sound exercise of judgment and discretion
Courts and legal observers have long been concerned by the scope of authority delegated to administr...
Regulation of business activity is nearly as old as law itself. In the last century, though, the use...
As markets evolve, new regulatory concerns emerge. In response, policy makers institute new requirem...
Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve p...
This Article proposes a new conception of the administrative regulatory state that accounts for the ...
When Congress undertakes major financial reform, either it dictates the precise con-tours of the law...
In addition to regulating different substantive areas, administrative agencies differ in the enforce...
Administrative agencies frequently use guidance documents to set policy broadly and prospectively in...
Calls for increased regulation are flying fast and furious these days. We use regulation in the Unit...
Like police officers patrolling the streets for crime, the front line for most large business regula...
This Article will consider some of the possibilities for controlling and guiding the SEC\u27s discre...
When organizations act in ways that offend the public interest, parties seeking to change that behav...
In this Article, the authors survey how agencies create substantive regulations through traditional ...
In private regulation, private actors make, implement, and enforce rules that serve traditional publ...
The growing trend of corporations imposing restrictions on suppliers, contractors, and customers bey...
Courts and legal observers have long been concerned by the scope of authority delegated to administr...
Regulation of business activity is nearly as old as law itself. In the last century, though, the use...
As markets evolve, new regulatory concerns emerge. In response, policy makers institute new requirem...
Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve p...
This Article proposes a new conception of the administrative regulatory state that accounts for the ...
When Congress undertakes major financial reform, either it dictates the precise con-tours of the law...
In addition to regulating different substantive areas, administrative agencies differ in the enforce...
Administrative agencies frequently use guidance documents to set policy broadly and prospectively in...
Calls for increased regulation are flying fast and furious these days. We use regulation in the Unit...
Like police officers patrolling the streets for crime, the front line for most large business regula...
This Article will consider some of the possibilities for controlling and guiding the SEC\u27s discre...
When organizations act in ways that offend the public interest, parties seeking to change that behav...
In this Article, the authors survey how agencies create substantive regulations through traditional ...
In private regulation, private actors make, implement, and enforce rules that serve traditional publ...
The growing trend of corporations imposing restrictions on suppliers, contractors, and customers bey...
Courts and legal observers have long been concerned by the scope of authority delegated to administr...
Regulation of business activity is nearly as old as law itself. In the last century, though, the use...
As markets evolve, new regulatory concerns emerge. In response, policy makers institute new requirem...