Responsible Precautions for Uncertain Environmental Risks
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Journal Articles & Working Papers
These documents are the apex of the Center's academic research. Our working papers are authored with the intention of publishing them in peer-reviewed journals at a later date, and our journal articles are setting the standard in their academic disciplines.
Codifying the Cost-Benefit State
Benefit-cost balancing is now a dominant paradigm in administrative law for evaluating federal agencies’ exercise of delegated regulatory discretion. In response to increased scrutiny upon judicial review, agencies have taken steps to firm up their benefit-cost analyses. Despite multiple Executive Orders and supplementary guidance, neither executive nor legislative action has produced a clear set of justiciable standards against which courts can evaluate agency analyses for adequacy.
Consultation, Participation, and the Institutionalization of Governance Reform in China
This article examines the institutionalization—persistence, substantive development, and standardization of best procedures—of online consultation in China, a prominent instrument of governance reform in which government officials provide interested parties with opportunities to comment on draft laws and regulations over the Internet.
Measuring Costs and Benefits of Privacy Controls
Considering public policies to balance the collection, sale, and use of personal data with individuals' right to privacy
Improving Regulatory Benefit-Cost Analysis
This article briefly reviews the process by which regulations are developed in the United States and the role for BCA. It then examines the institutional and technical factors limiting the use of BCA as a tool for improving regulatory policy. It concludes with some recommendations.