Fordham Urban Law Journal articles from May 2006

Fordham Urban Law Journal archives from May 2006

Managing the regulatory state: the experience of the Bush administration.
May 1, 2006... The United States Office of Management and Budget (OMB), an organization within the Executive Office of the President, seeks to promote wise expenditures, regardless of whether those expenditures are made through budgetary programs or through...

Monetizing the benefits of risk and environmental regulation.
May 1, 2006... INTRODUCTION Should the benefits of risk and environmental regulations be monetized? For economists, this question is not controversial. Benefits of government policies have a value given by society's willingness to pay for these benefits,...

How much is that doggy in the window? The inevitably unsatisfying duty to monetize.(response to article by Kip Viscusi in this issue p. 1003)
May 1, 2006... Einstein appears in front of a blackboard. Before him is an impenetrable string of equations, ending, improbably, with a dollar sign. The caption reads, "Einstein discovers that time is actually money." (1) INTRODUCTION It is...

The unbearable lightness of regulatory costs.
May 1, 2006... Will unbearable regulatory costs ruin the United States economy? This specter haunts officials in Washington, just as fears of communism once did. Once again, the prevailing rhetoric suggests that an implacable enemy of free enterprise puts our...

Statutory interpretation in the era of OIRA.(Office of Information and Regulatory Affairs)
May 1, 2006... In recent years, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) has asserted a remarkable degree of authority over administrative agencies' rulemaking processes. One of the ways in which...

The Regulatory Flexibility Act at 25: is the law achieving its goal?
May 1, 2006... I. INTRODUCTION The Regulatory Flexibility Act (RFA), (1) which marked its twenty-fifth anniversary in September 2005, was designed to "level the playing field" for small businesses competing against larger, more sophisticated, and more...

An assessment of cross-national regulatory burden comparisons.
May 1, 2006... Governments everywhere engage in activities that impose burdens on individuals and businesses. These activities are undertaken in order to generate benefits of many types. Some of these burdens and benefits are readily measurable, particularly...

Resisting regulation with blue ribbon panels.
May 1, 2006... I. INTRODUCTION Modern health, safety, and environmental regulations rely heavily on scientific information. Consequently, disputes over the reliability of scientific studies, the proper interpretation of scientific data, and the...

Willful blindness: federal agencies' failure to comply with the Regulatory Flexibility Act's periodic review requirement - and current proposals to invigorate the act.
May 1, 2006... I. INTRODUCTION We live in the age of the bureaucracy. Whether we realize it or not, federal agencies regulate every aspect of our daily lives, including: the cloth in our beds; (1) the fuel for our cars; (2) the way we are paid; (3) and...

The role of the Office of Information and Regulatory Affairs in federal rulemaking.
May 1, 2006... INTRODUCTION The Office of Information and Regulatory Affairs (OIRA) is one of several statutory offices within the Office of Management and Budget (OMB), (1) and can play a significant--if not determinative--role in the rulemaking process...

Cost-benefit analysis: where should we go from here?
May 1, 2006... The Viscusi (1) and Scales (2) articles from Fordham University School of Law's symposium entitled The Contemporary Regulatory State present an interesting discussion of some of the intricacies of cost/benefit analysis (CBA). They talk about...