Risk assessment in the 1995 reform bills: victory for banshees, loss for the public
Article Abstract:
Regulatory risk assessment and regulatory reform in general failed in 1995 because of a political faction that characterized the risk assessment process as a means to bog down administrative agencies and undermine public safety. Risk assessment has a sound base in science and is performed already by many agencies. Opponents of reform were also critical of the judicial review provisions, saying that they were undemocratic and vested too much power in the courts. Peer review and certification processes, designed to promote accountability, were also the targets of criticisms.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1996
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Senate perspectives on regulatory reform legislation
Article Abstract:
The regulatory reform bill that was passed by the US House of Representatives did not make it through the Senate because of political factors and not because the bill failed to garner bipartisan support. Many Members of Congress remain committed to integrating cost-benefit analysis into regulatory rule-making to promote accountability. Congress also prefers to use judicial review instead of micromanagement as a means of ensuring that abuses of administrative discretion can be remedied.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1996
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The "Chief Executive" and the quiet constitutional revolution
Article Abstract:
An aspect of administrative law to watch in 1998 and beyond is the judicial tendency to view the President as the major constitutional actor in regulatory policies. As the President gains in authority, constitutional perspectives either in support or opposition to the Chief Executive role lags behind. Without a watchful eye on this situation, courts may stumble into making bad laws.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1997
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