Notice & Comment

Notice & Comment

Notice & Comment

Cost-Benefit Conventions, by Jennifer Nou

*This is the thirteenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Does the executive branch have an obligation to abide by past practices when it comes to cost-benefit analysis (CBA)? […]

Notice & Comment

Reasoning People, by Jed Stiglitz

*This is the twelfth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Reviving Rationality is an important read from two of the legal academy’s foremost experts on the administrative state. It […]

Notice & Comment

Resuscitating Political Rationality, by Rachel Potter

*This is the eleventh post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. A serious affliction requires potent and targeted medicine. And the situation that Livermore and Revesz so deftly describe in […]

Notice & Comment

Who Benefits from Cost-Benefit Analysis?, by Caroline Cecot

*This is the tenth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. With Reviving Rationality (“RR”), Michael Livermore and Richard Revesz (“L&R”) have produced another important, timely, and provocative work on […]

Notice & Comment

Regulating Contagion

Last semester, I developed a new class at the University of Michigan called Regulating Contagion: Pandemics and Disease in U.S. Legal History (syllabus here). Drawing partly on a seminar I co-taught back in 2015, and partly on work as special counsel to Governor Whitmer on her COVID-19 response, the class advanced three big ideas. First: […]

Notice & Comment

Free ABA Administrative Law Section Webinar, 10/25: EEO Considerations for Covid-19 and the Federal Workforce

The ABA Administrative Law Section’s Government Personnel Committee Presents EEO Considerations for Covid-19 and the Federal Workforce Monday October 25, 2021 12 pm – 1:30 pm Eastern Time Via Zoom Please join us for a discussion about the latest developments at the EEOC’s guidance concerning EEO issues in the context of the COVID-19 pandemic and […]

Notice & Comment

New to SSRN: Congress’s Anti-Removal Power

Last fall, in Collins v. Yellen, the U.S. Supreme Court invited me to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency. By statute, the president can only fire the head of the FHFA “for cause.” The question in Collins was whether that provision unconstitutionally limits the president’s removal power. […]

Notice & Comment

Regulatory Analysis in Unsettled Times, by Daniel Farber

*This is the ninth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Just before Barack Obama took office, Richard Revesz and Michael Livermore published Reinventing Rationality. Their book sought to defend […]

Notice & Comment

Cost-Benefit to the Rescue?; Maybe Not, by Amy Sinden

*This is the eighth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Mike Livermore and Ricky Revesz should be applauded for doing the near-impossible in Reviving Rationality—spinning a lively and engaging […]

Notice & Comment

The Judicial Guardrails for Reviving Rationality

*This is the seventh post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. When I was invited to review an early draft of Michael Livermore and Ricky Revesz’s book Reviving Rationality a […]

Notice & Comment

In Remembrance of Richard Parker, by Linda Jellum

I am so deeply saddened to report that Professor Richard Parker from the University of Connecticut Law School passed away unexpectedly on Sunday, October 3, 2021. Like many, I first met Richard Parker at the ABA Administrative Law Section’s fall conference many years ago. Richard was so welcoming to a new junior colleague. His smile […]

Notice & Comment

Cost-benefit Analysis as Policy and as Dialectics, by Shi-Ling Hsu

*This is the sixth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In Reviving Rationality, Livermore and Revesz (“L&R”) argue for a robust rehabilitation of cost-benefit analysis (“CBA”), after its cartoonish […]

Notice & Comment

Fifth Circuit Review–Reviewed: Workin’ Overtime

Happy to be back with another Fifth Circuit Review—Reviewed! Courts are often asked to decide whether an agency regulation is based on a permissible construction of the statute the agency administers. In those cases, the court must, of course, interpret the statute to decide whether the regulation exceeds the agency’s authority. Other times, though, courts […]

Notice & Comment

Reviving More Than Rationality, by Stuart Shapiro

*This is the fifth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. Reviving Rationality by Michael Livermore and Richard Revesz is a timely and important work. While it has many virtues, the one […]