Judicial review of discount rates used in regulatory cost-benefit analysis
Article Abstract:
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
Subject: Law
ISSN: 0041-9494
Year: 1998
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The long-distance runner; a roundtable on America's first black justice
Article Abstract:
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
Subject: Law
ISSN: 0747-0088
Year: 1992
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Squaring the vicious circle
Article Abstract:
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
Subject: Law
ISSN: 0001-8368
Year: 2001
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