Class_Presentation_11-12

Class_Presentation_11-12 - Freedom to Travel (first...

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Class 11 (302-322) CBA How defined weigh advantages and disadvantages Purpose – clarify/quantify/or to deregulate Problems – incompletely specified; value determinations are controversial Valuing Life (p 308-09) Varies by agency - $1.5 to $5.8 millions (disconnected - value of lifetime earnings stream) Compare Risk analysis – Saccharin ban v. alternatives (opportunity cost concept) Should there be a single attempt to declare value of life (or death panels, etc) Risk Regulations Breyer, Breaking the various cycle tunnel vision; random agenda setting; inconsistency are the problems see Table 4-1 (p 316) Life is risky?
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Class #12 Kent v. Dulles (SC 1958) Passport denied Rockwell Kent (communist)
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Unformatted text preview: Freedom to Travel (first amendment) Has any regulation authorized restrictions? No-Non delegation theory. Clear statement rule limits agency power Does Chevron reverse this rule? Rust v. Sullivan (SC 1991) (Sec of HHS forbids abortion counseling) Chevron requires deference to Secy Step 2 = A/C review under hard look doctrine merged or separate? Step 1 is only a special case of Step 2 (Vermuele, Supp 41). Ohio v DOI (DC 1989) III Review of DOIs lesser of rule (CERCLA) contrary to agency which preferred restoration costs. VI (Mikva) Step 2 Chevron controls XIII (Robinson) reasonable rule...
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Class_Presentation_11-12 - Freedom to Travel (first...

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