Notice & Comment

Symposia

Notice & Comment

“What Have the Romans Ever Done for Us?” Dismantling Neoliberal Pieties One Foundational Sector at a Time, by Yochai Benkler

*This is the fourth post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. “We encourage you to think of it as offering something like a liberal arts education in the structural foundations of American capitalism.” (p. […]

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An “Outsider’s” View of NPU Law and Policy, by Wendy Wagner

*This is the third post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. In the preface to the 1994 edition of Economic Regulation: Cases and Materials (a precursor to Networks, Platforms, and Utilities (NPU) Law & […]

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On the Infrastructural Nature of NPUs, by Brett M. Frischmann

*This is the second post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. Networks, Platforms, and Utilities is the casebook I wish I’d written. It’s also the casebook I wish I’d had available for the past […]

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From Handler’s Trade Regulation to Ricks, Sitaraman, Welton, and Menand’s Networks, Platforms, and Utilities, by William J. Novak

*This is the first post in a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. One of my prized possessions is an unsolicited letter I received after publishing my very first academic article in August 1993. The article, […]

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Introduction to the Symposium on Networks, Platforms, and Utilities: Law and Policy, by Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand

*This is the introduction to a symposium on Morgan Ricks, Ganesh Sitaraman, Shelley Welton, and Lev Menand’s “Networks, Platforms, and Utilities: Law and Policy.” For other posts in the series, click here. We are grateful to the Yale Journal on Regulation for hosting this symposium on our new law school casebook, Networks, Platforms, and Utilities: Law […]

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Step Aside Chester Bowles, by Cary Coglianese

*This is the introduction to a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Regulations on the books can do little good if they are seldom followed. Only if regulations induce compliance—and change the behavior of the businesses and other entities to which […]

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Environmental Regulation in the U.S.: Popular Myths, the Reality, and How to Do it Better, by Catherine R. McCabe

*This is the first post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. With her new book Next Generation Compliance: Environmental Regulation for the Modern Era, Cynthia Giles offers a comprehensive and uniquely well-informed view of the state of compliance with […]

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Human Behavior and the Design of Environmental Rules: A Commentary on Cynthia Giles’ Next Generation Compliance: Environmental Regulation for the Modern Era, by Paul J. Ferraro

*This is the second post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Environmental problems are human behavior problems. Thus, designing environmental solutions relies as much on our understanding of how best to change human behavior as it relies on our […]

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Fixing What’s Wrong with Environmental Enforcement, by Robert L. Glicksman

*This is the third post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. No one disputes the central role that enforcement plays in any regulatory regime. In its latest Strategic Plan, the federal Environmental Protection Agency states that “A robust compliance […]

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Let’s Decide to Learn Faster: Delivering More Effective Environmental Policy through Next Generation Compliance, by Joseph E. Aldy

*This is the fourth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. “Let’s decide to learn faster” (p. 277). Cynthia Giles closes the last chapter of Next Generation Compliance with this simple, powerful admonition for improving regulatory performance. Drawing from […]

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A Playbook on How to Achieve Compliance With Environmental Regulations, by Seema Kakade

*This is the fifth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Next Generation Compliance by Cynthia Giles is a must read for anyone interested in how environmental regulations actually work (or don’t work). Giles’ book is dedicated to identifying […]

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Constructing Environmental Compliance, by Daniel E. Ho & Colleen Honigsberg

*This is the sixth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Textbook environmental compliance goes a bit like this: After Congress passes a statute, EPA writes rules to set pollution standards, informed by a cost-benefit analysis. Cooperative federalism means […]

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The Real World is Messy, by Cynthia Giles

*This is the seventh and final post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Anyone involved in the debates about environmental policy knows how uncommon it is for environmental lawyers, economists, and practitioners to agree. So, I am thrilled that […]

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The Reasoning State: Theory, Interpretation, and Evidence, by Jed Stiglitz

*This is the ninth and final post in a symposium on Jed Stiglitz’s “The Reasoning State.” For other posts in the series, click here. My main response to this symposium is gratitude. I thank Yale Journal on Regulation and the Notice & Comment editors, and Bridget Dooling especially, for the opportunity to discuss The Reasoning State […]