The Brief: Law School News and Events

A RegBlog Sampler

The Myths of Benefit-Cost Analysis
John D. Graham, Dean, School of Public Environmental Affairs, Indiana University, and former administrator, White House Office of Information and Regulatory Affairs
"Complete safety (also called "zero risk") is an illusion because wellinformed citizens choose, on a daily basis, to assume many risks in life for exchange for a variety of benefits. People routinely choose, for example, to reduce travel time by driving faster on four-lane highways than opting for routes along lower-speed, two-lane roads."

Why the REINS Act is Unwise if Not Also Unconstitutional
Sally Katzen, visiting professor of law, NYU, and former administrator, White House Office of Information and Regulatory Affairs
"The Reins Act is not well considered, it is not tailored to the problem it is attempting to solve, and it will inevitably have unintended but nonetheless significant adverse effects on the economy and society at large, including fundamentally changing the constitutional structure of our government."

Preemption of Vaccine Injury Lawsuits Upheld
Theodore Ruger, Professor of Law, Penn Law School
"Despite an overwhelming scientific and medical consensus that common childhood vaccines are safe and effective, and that their public health benefits far outweigh their incremental risks, many members of the public and the news media have perpetuated the notion that various dire diseases – most notably autism – are caused by vaccines."

Do Americans Care About the Debt Ceiling?
David A. Skeel, S. Samuel Arsht Professor of Corporate Law, Penn Law School
"I suspect the disinterest is a legacy of the pattern of bailouts throughout the recent financial crisis, and the manipulation of the rule of law that accompanied them. We now assume that warnings of financial Armageddon are always premature; there's always an escape hatch."

International Linkage of National Climate Change Policies
Robert N. Stavins, Albert Pratt Professor of Business and Government, Harvard University
"Cap-and-trade is still the most likely domestic policy approach for CO2 emissions reductions throughout the industrialized world, given the rather unattractive set of available alternative approaches