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Administrative process rigidity and the difficulty of administering agencies today

Article Abstract:

The debate over regulatory reform, and environmental regulation in particular has failed to acknowledge a number of political factors. Rigidity in Environmental Protection Agency procedures is the result of Congressional efforts in the early 1980s and agency response to Congressional pressure. Enforcement efforts at the state level should be considered as well. The risk assessment models proposed need to incorporate risks that may not be understood currently. The reform debate must incorporate enduring differences and not assume that all parties see reform in the same way.

Author: Hansen, Fred
Publisher: American Bar Association
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1996
Administrative procedure, Environmental policy

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Judgment, power, and rent seekers

Article Abstract:

Issues of control and rent-seeking efforts compromise the integrity of regulatory activities as well as that of Congressional activities. Administrative agencies and special interests are concerned that business is controlling the process, but business has far less influence than it used to. Special interests and lawyers that profit from regulatory standards are the primary rent-seekers. The political side of regulation has more to do with power than it does with protecting consumers.

Author: Gray, C. Boyden
Publisher: American Bar Association
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1996
Political activity, Administrative agencies, Government agencies

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Risk assessment perspectives

Article Abstract:

Advocating risk assessment and cost-benefit analysis in administrative actions does not resolve issues related to the types of risks that will be assessed. Legislators must decide the extent to which risk will be based on economic factors and the extent to which it will be based on public perceptions and values. Comparing risks of disparate types of injuries for disparate types of activities will impose significant challenges on lawmakers and administrative agencies.

Author: Strauss, Peter L.
Publisher: American Bar Association
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1996
Risk assessment, Economic aspects, Administrative acts

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Subjects list: United States, Analysis, Political aspects, Industry regulations, Government regulation of business, Trade regulation
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