Review of Shleifer, The Failure of Judges and the Rise of Regulators

Paul G. Mahoney;

Scholarship

Review of Shleifer, The Failure of Judges and the Rise of Regulators

Paul G. Mahoney

PUBLISHER

Public Choice

DATE

2012

UVA Law Faculty Affiliations

Paul G. Mahoney

Citation

Paul G. Mahoney, Review of Shleifer, <em>The Failure of Judges and the Rise of Regulators</em> (reviewing Andrei Shleifer, The Failure of Judges and the Rise of Regulators) 153 Public Choice 515–517 (2012).

More in This Category

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... MORE
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... MORE
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,... MORE

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... MORE
Responding to Mass, Computer-Generated, and Malattributed Comments
Michael A. Livermore
A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for... MORE
Cedar Point Nursery and the End of the New Deal Settlement
Julia D. Mahoney
In Cedar Point Nursery v. Hassid, the United States Supreme Court ruled that a California state regulation granting labor organizations a limited “... MORE

A Modern Poor Debtor's Oath
Rich Hynes
Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford... MORE
Privacy Injunctions
Danielle K. Citron
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations... MORE
Regulating Representatives in Agency Adjudicative Proceedings
George M. Cohen
Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication. Many federal agencies... MORE

Fertility, Immigration, and Public Support for Parenting
Naomi R. Cahn
As this Essay shows, the fertility discourse of the last half century deals with the profound effects that come from the transformation of the... MORE
Executive Administration of the Government’s Resources and the Delegation Problem
John C. Harrison
Governments regulate private conduct. They also exercise rights of ownership and contract that are like those of private people. From the founding to... MORE
Local Control of Land Use: A Partial Defense
Richard C. Schragger
The Perils of Land Use Deregulation, my intervention in the land use/housing debate, has now been published by the University of Pennsylvania Law... MORE

Executive Decisions After Arthrex
John F. Duffy
Decisionmaking in the modern executive branch frequently rests on a convenient formalism. Ultimate power is typically vested in high-level “... MORE
Regulation of Representatives in Agency Adjudicative Proceedings
George M. Cohen
Many federal agencies conduct adjudicative proceedings and permit claimants or parties to those proceedings to be represented by attorney or non-... MORE
Chevron’s Next Chapter: A Fig Leaf for the Nondelegation Doctrine
Alison Gocke
The Supreme Court has recently signaled its interest in developing a new nondelegation test, one that would have courts more aggressively police... MORE

The Perils of Land Use Deregulation
Richard C. Schragger
Land use regulation and zoning have long been core functions of local governments. Critics of local land use practices, however, assert that local... MORE
Health Data Federalism
Craig Konnoth
Federalism scholarship abounds on nearly all aspects of healthcare: on the Affordable Care Act, public health powers, licensing, and drug and device... MORE
The New Separation of Ownership and Control: Institutional Investors and ESG
Paul G. Mahoney

Julia D. Mahoney
Scholars and policy makers have long debated whether corporations should serve social purposes at the expense of shareholder wealth. The SEC has... MORE

Scholarship

Review of Shleifer, The Failure of Judges and the Rise of Regulators

UVA Law Faculty Affiliations

Citation

More in This Category

ABOUT

APPLY

ACADEMICS

SERVICES

PEOPLE

CAREERS

NEWS & EVENTS

COMMUNITY