Elected leaders delegate rulemaking to federal agencies, then seek to influence rulemaking via top-down directives and statutory deadlines. This paper documents an unintended consequence of these control strategies: they reduce regulatory agencies’ ability and incentive to conduct high-quality...

Hollywood East! The honorific title bestowed upon a bewitching state known for her sandy beaches, warm winter days, and mosquito-filled Everglades. Florida and the Film Industry: A tale of an alluring titan and a powerful behemoth behaving like two lovers enmeshed in an affair, complete with...

This paper offers a theory to explain cross-national variation in administrative law doctrines and practices. Administrative law regimes vary along three primary dimensions: the scope of delegation to agencies, agencies’ exercise of discretion, and judicial practices of deference to agencies....

When Congress passes legislation that mandates prescriptive regulations, legislators are under no obligation to understand the problem they are trying to solve, assess alternative solutions, or understand the benefits and costs of their choices. Passage of the positive train control mandate in...

A common argument against privatization is that private providers will self-interestedly lobby to increase the size of their market. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison...

In a referendum on 23rd June 2016, the United Kingdom (UK) voted for ‘Brexit’, i.e., to leave the European Union (EU). After some delay the government will invoke Article 50 TEU, which would begin a two-year period of negotiation for a withdrawal agreement, after which the EU treaties would...

Mobile telecommunications has been a considerable success with consumers, yet markets are oligopolies designed by governments and by industry, with many flaws, including limited ability to regulate prices, quality of service and coverage. Markets have been partially opened to competition, with...

Whether regulating mutual funds or chemical manufacturers, government's policy decisions depend on information possessed by industry. Yet it is not in any industry's interests to share information that will lead to costly regulations. So how do government regulators secure needed information...

In the keynote address to the International Fiscal Association Conference Sir Ivor Richardson reflects on a career in the field of taxation, some early lessons about the law of taxation, the art of judicial decision making, and some observations on several of the other papers presented at the...

Conventional wisdom dictates that the Internet is a medium in which federalism is destined to fail. By virtue of its decentralized design, the Internet naturally resists regulation by a diverse set of government actors. Indeed, courts have reasoned that federalism on the Internet is either...