Summary of Argument: Throughout this proceeding, EPA has identified no policy or normative criteria to justify its NAAQS standards, thus suggesting that science alone can be used to determine the appropriate air quality standard. Science plays a critical, indeed essential, role in evaluating the...

The spate of recent corporate scandals has produced a legislative and regulatory reaction aimed at restoring marketplace integrity. This response - consisting notably of the Sarbanes-Oxley Act of 2002, implementing regulations and stock market listing standards - has, in turn, affected...

Policy scholars and decision makers should be careful before concluding that President Bush's recent Executive Order 13422 will result in quot;paralysis by analysis.quot; That lament has been heard about other changes to rule making procedures over the last seven decades, yet steady increases in...

Numerous corporate scandals in the past several years have fueled widespread debate over proposals for government action. The central challenge for government is how to restore corporate integrity and market confidence without overreacting and stifling the dynamism that underlies a strong...

For too long, environmental policymaking has relied on trial and error, without adequate or systematic learning from either the trials or the errors. Systematic program evaluation research has been remarkably scarce relative to the overall number of environmental policies adopted in the United...

We examine a rapidly emerging regulatory approach that we label "management-based regulation." Management-based regulation shifts the locus of policy discretion from the government regulator to the regulated entity. Government directs private firms to incorporate public goals into their...

Administrative law scholars and governmental reformers argue that advances in information technology will greatly expand public participation in regulatory policymaking. They claim that e-rulemaking, or the application of new technology to administrative rulemaking, promises to transform a...

Regulators need to rely on science to understand problems and predict the consequences of regulatory actions, but over-reliance on science can actually contribute to, or at least deflect attention from, incoherent policymaking. In this article, we explore the problems with using science to...

Numerous corporate scandals in the past several years have fueled widespread debate over proposals for government action. The central challenge for government is how to restore corporate integrity and market confidence without overreacting and stifling the dynamism that underlies a strong...

Cass Sunstein, Daniel Kahneman, David Schkade, and Ilana Ritov have recently advanced a cognitive explanation for incoherence in legal decisionmaking, showing how decision makers tend to make micro-level judgments that make little sense when viewed from a broader perspective. Among other things,...