Tag Archives: JREG Print

“Passing the Buck” in Agency Adjudication, by Bijal Shah

by Guest Blogger — Friday, June 23, 2017

Agencies often share their power with one another—the operative word being ‘share.’ For instance, they engage in “joint rulemaking” with other agencies on the basis of shared statutory authority. They also participate in “coordinated interagency adjudication,” in which they subdelegate portions of their power to adjudicate administrative claims or otherwise share the responsibility of furthering an adjudication process on […]

The Challenges of Performance-Based Regulation: Lessons from Two Diesel Emissions Scandals, by Cary Coglianese & Jennifer Nash

by Guest Blogger — Tuesday, June 20, 2017

When the Volkswagen diesel emissions scandal erupted recently—resulting in a precipitous drop in the company’s stock price, the resignation of its CEO, a $14.7 billion judgment against the company, and extensive environmental harm—we were reminded of an eerily similar environmental scandal from about 20 years ago. In 1998, the US Environmental Protection Agency (EPA) brought […]

Frozen Charters, by Scott Hirst

by Guest Blogger — Monday, June 19, 2017

In 2012, the New York Stock Exchange changed its policies to prevent brokers from voting uninstructed shares on corporate governance proposals. Although the change was intended to protect investors and improve corporate governance, it has had the opposite effect: a significant number of U.S. public companies are no longer able to amend important parts of […]