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Saving Lives Through Administrative Law and Economics: A Response
In response to Saving Lives Through Administrative Law and Economics by John D. Graham
>Download Full Response (PDF file, 81 KB) John D. Graham, the former director of the Office of Information and Regulatory Affairs (OIRA) and now the Dean at the Indiana University School of Public and Environmental Affairs, has written in Saving Lives Through Administrative Law and Economics a valuable twofer: (1) a thorough defense of cost-benefit analysis (CBA) as applied to agency rulemaking and (2) something of a memoir about his tenure at OIRA, from 2001 to 2006. Both are important contributions. We do not hear from agency regulators often enough about how they do their job, and we know too little about how agencies actually carry out their statutory mandates. There are good reasons for this, but, for law professors, this lack of knowledge is unfortunate, because we spend a fair amount of time and energy writing about processes about which I suspect we know less than we think we do. To the extent that Dean Graham sheds light on these processes, we cannot be the worse off for it. And the other goal of the article—a defense of CBA—is achieved by a thorough review of the theory and literature on cost-benefit analysis and a marshalling of all of the arguments for increased agency use of the practice. Along the way, Graham engages with critics of CBA, some of whom have been quite personal in their attacks, and treats their arguments with seriousness. |
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