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 – from financial, data and homeland security risk to the risk of conflicts of interest – increasingly mandates broad policy outcomes and accords regulated parties […]
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 – from bank capitalization rules, to Sarbanes-Oxley’s provisions on financial fraud and misrepresentation, to laws governing information-privacy protection – frequently require regulated firms to develop […]
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. NRDC’s model for judicial review of agency interpretations of regulatory statutes involves two “steps” – and for good reason. The two-step analysis provides a framework […]
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 American Life” radio broadcast, the presentation unfolds in three parts: Act I – How did we get here?; Act II – Why should society care […]
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 enter a few terms that describe the photo (“hurricane,” “flood”), checks a box to indicate that he wants the photo to be displayed to the […]