Regulatory Cooperation and Competition: The Search for Virtue

Date

2000

Citation

Paul B. Stephan, Regulatory Cooperation and Competition: The Search for Virtue, in Transatlantic Regulatory Cooperation: Legal Problems and Political Prospects, Oxford University Press, 167–202 (2000).

UVA Law Faculty Affiliations

Paul B. Stephan

Public Policy and Regulation

John W. Glynn Jr. Law & Business Program

Center for International & Comparative Law

Virginia Center for Tax Law

National Security Law Center

Center for Public Law and Political Economy

More in This Category

The Duty of Creditors to Cooperate in Sovereign Debt Workouts

G. Mitu Gulati

Lee C. Buchheit

Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

Cause, Effect, and the Structure of the Social World

Megan T. Stevenson

This Essay is built around a central empirical claim: that most reforms and interventions in the criminal legal space are shown to have little lasting...

Political Corruption

Michael D. Gilbert

Deborah Hellman

This chapter studies political corruption and its many relationships to the law of democracy. It begins with bribery laws, which forbid officials from...

How to Legitimate the Prosecution of Politicians

Saikrishna Prakash

Ian Ayres

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

Contractual Howlers: A Russian Bond Case Study

G. Mitu Gulati

Robert Scott

Stephen Choi

Both theorists and courts commonly assume that high-dollar financial contracts between sophisticated parties are free of linguistic errors...

Do Land Use Plans Affirmatively Further Fair Housing?

Moira O'Neill

Paavo Monkkonen

Michael Lens

...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

Does Cash Bail Deter Misconduct?

Megan T. Stevenson

Aurelie Ouss

Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...

The Puzzle of Diaspora Bonds: A Case Study of Israel's Program

G. Mitu Gulati

Many countries have attempted to tap their diasporas by issuing bonds. This has particularly been the case in times of dire need (wars, pandemics...

Supporting Families in a Post-Dobbs World: Politics and the Winner-Take-All Economy

Naomi R. Cahn

June Carbone

The pathway to stable and secure middle-class status involves two elements: the ability to postpone family formation to facilitate human capital...

Deep in the Shadows?: The Facts About the Emergency Docket

G. Mitu Gulati

Pablo Das

Lee Epstein

The past few years have witnessed a particular accusation leveled repeatedly and loudly at the U.S. Supreme Court’s conservative supermajority: that...

State Separation of Powers and the Federal Courts

Ann Woolhandler

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...

Bibb Balancing: Regulatory Mismatches Under the Dormant Commerce Clause

Ruth Mason

Michael S. Knoll

Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This...

Do Investors Care about Municipal Debtors’ Access to Bankruptcy? Evidence from Bond Disclosures

G. Mitu Gulati

Richard C. Schragger

A key question in the academic and policy debates over the optimal architecture for sovereign debt has long been whether sovereigns should be given...

Sackett v. EPA and the Unraveling of Congress’ Wetlands Protection Law

Cale Jaffe

On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments...

Enforcing Comparable Treatment in Sovereign Debt Workouts

G. Mitu Gulati

Lee C. Buchheit

In days of yore, sovereign borrowers needing debt relief negotiated with two groups of creditors—the bilateral (government) creditors that comprised...

The Problem of “Relevant Experience”

Craig Konnoth

In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an...

The Perils and Promise of Public Nuisance

Leslie Kendrick

Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...

Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law

John C. Harrison

An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...