Judicial review of discount rates used in regulatory cost-benefit analysis
Judicial review of an agency's policy should analyze whether discount rates are accurately calculated in cost-benefit studies. Cost-benefit studies for federal regulations were mandated by Congress in 1995. Future benefits of a government policy, however, must be discounted for present value according to the amount investments can grow in value over time. Agencies in 1998 have not yet incorporated uniform discount rates and courts have not developed effective standards of review. Courts should ascertain if a discount rate was used and, if used, verify the method by which the agency discounted the rates.
Publication Name: University of Chicago Law Review
The long-distance runner; a roundtable on America's first black justice
Four former clerks of Justice Marshall's, Jack Greenberg, his colleague and successor at the NAACP Legal Defense Fund, and Mark Tushnet, who has written a soon-to-be published biography of Marshall, reflect on his influence on their lives and on the US legal system. Mark Tushnet feels that he subscribed to his mentor Houston's notion of lawyers as engineers of social change. His anti-Communist views are discussed at some length. Randall L. Kennedy, Eben Moglen and Karen Hastie Williams, who clerked for him later in his career, expound on the view that he came to see his role as taking the long view.
Publication Name: ABA Journal
Squaring the vicious circle
The author argues for the use of cost-benefit analysis in government control of environmental risk. The contention of Supreme Court Justice Stephen Breyer that some risks are corrected at extravagant cost , while others attract much less investment per life saved, is examined.
Publication Name: Administrative Law Review
- Abstracts: The constitutional requirement of judicial review for administrative deportation decisions. Tolling the deadline for appealing in absentia deportation orders due to ineffective assistance of counsel
- Abstracts: Land of opportunity; can property owners sue over a city's regulatory decision? Combustible cases; will a car crash ruling lead to recognition of gay marriage?
- Abstracts: Mchape: a wake-up call for AIDS control programs in Africa (a case history for Malawi). The "best proven therapeutic method" standard in clinical trials in technologically developing countries
- Abstracts: Equal opportunities and the prison service in England and Wales. Providing a secure home for older residents: evaluation of an initiative in Plymouth
- Abstracts: The economic implications of international secured transactions law reform: a case study. Solving the Latin American sovereign debt crisis