Forty Years After Surface Freight Deregulation
WEBDec 14, 2020 · After 1980, the actual results of surface freight deregulation exceeded economists’ expectations. Between 1981 and 1996, real rail revenue per ton-mile fell by nearly 50 percent. At least one-third of this rate reduction can be attributed to the Staggers Act. Deregulated rates saved shippers up to $7 billion annually in 1987.
First Principles for Interpreting Regulation | The Regulatory Review
WEBFeb 11, 2013 · The distinctive legal characteristics of these regulations suggest two key principles for their interpretation. Principle 1: Interpret the regulation’s text in light of the regulation’s statement of basis and purpose (often referred to as the regulation’s “preamble”). Except in special circumstances, the Administrative Procedure Act ...
The Social Responsibility of Social Media Platforms
WEBDec 21, 2021 · One in three people globally use social media platforms, such as Facebook, Twitter, and TikTok. These platforms act as breeding grounds for viral cartoon memes and trendy dance choreography, as well as widespread social movements and vibrant displays of activism.. But social media also has a dark side. Disinformation, hate speech, revenge pornography, harassment, terrorism activity, and sex ...
A Case for Mandatory Voting - The Regulatory Review
WEBJul 7, 2021 · Mandatory voting would widen the electorate, widening the political spectrum that candidates must represent. The working group suggests that candidates could begin to reject polarizing views and avoid “divisive rhetoric and vilifying particular groups.”. With citizens compelled to vote—perhaps in a less volatile political climate—the ...
Cataloging and Clarifying Judicial Review Statutes
WEBMay 24, 2022 · These matters were considered by ACUS’s Committee on Judicial Review and resulted in ACUS Recommendation 2021-5, “ Clarifying Statutory Access to Judicial Review of Agency Action.”. As the consultant engaged by ACUS for this twofold project—cataloging statutes and making recommendations—I describe in this essay both ACUS’s creation ...
Regulating the Reasonableness of Police Violence
WEBFeb 14, 2017 · In evaluating the reasonableness of a use of force, lower courts must keep in mind “the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.”. For almost 30 years, the Graham ...
Revisiting the Constitutionality of Independent Agencies
WEBJul 21, 2020 · The Court—with Chief Justice John Roberts writing for the majority— cited to great effect the CFPB’s single-headed agency structure, the director’s five-year term, and the CFPB’s financial independence and litigating authority as establishing a center of power controlled by one person. This structure, the Court explained, allowed the ...
The Problem with Delegation - The Regulatory Review
WEBDec 2, 2015 · A A. Legal scholar argues that delegation poses a threat to the separation of powers. Congress often delegates legislative power to the executive branch, giving regulatory agencies like the U.S. Environmental Protection Agency or the Department of Homeland Security broad discretion in carrying out …
Deregulation, Reagan-Style - The Regulatory Review
WEBMar 13, 2019 · This bipartisan movement succeeded in federal deregulation of certain industries, including, for example, the prices and schedules of commercial airlines, even while tolerating social regulation, especially when it was aimed at reducing broad social harms. The momentum generated in the late 1970s carried over into the Reagan Administration ...
Improving Patient Safety for Inpatient Psychiatric Care
WEBAug 22, 2019 · State licensing requirements for inpatient psychiatric facilities are similarly inadequate in promoting patient safety, argue Shields and her coauthors. States generally require psychiatric facilities to report complaints of critical incidents, such as abuse, neglect, and unexpected death. Yet Shields and her colleagues find that states often ...