Author(s): Kenneth A. Bamberger Year: 2006 Abstract: Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk […]
Regulation as Delegation: Private Firms, Decisionmaking, and Accountability in the Administrative State
Technologies of Compliance: Risk and Regulation in a Digital Age
Author(s): Kenneth A. Bamberger Year: 2009 Abstract: Legal scholarship has been silent about a phenomenon with profound implications for governance: the automation of compliance with laws mandating risk management. Regulations […]
Chevron’s Two Steps
Author(s): Kenneth A. Bamberger Year: 2008 Abstract: Contrary to a suggestion by Professors Matthew Stephenson and Adrian Vermeule (“Chevron has Only One Step,” forthcoming in Va. L. Rev.), Chevron v. […]
This American Copyright Life: Reflections on Re-Equilibrating Copyright for the Internet Age
Author(s): Peter S. Menell Year: 2014 Abstract: This article calls attention to the dismal state of copyright’s public approval rating. Drawing on the format and style of Ira Glass’s “This […]
Atomism and Automation
Author(s): Molly S. Van Houweling Year: 2013 Abstract: Imagine: A budding amateur photojournalist captures the aftermath of a devastating storm using his mobile phone. He then uses the phone to […]