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Decision Costs and the Strategic Design of Administrative Process and Judicial Review

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  • Spiller, Pablo T
  • Tiller, Emerson H

Abstract

The ability of Congress to structure the institutional costs of agency and judicial decision making gives it considerable control over regulatory policy. We analyze the role of decision costs through models of agency-court interaction and consider the ability of Congress to manipulate such costs for its own policy purposes We explore the implications of these models by examining recent congressional efforts to change the decision cost structures of agencies and courts. In particular, we consider the so-called Bumpers Amendments of the 1980s and, from the 1990s, the Repub1ican-proposed imposition of cost-benefit analysis on agency decision making. Copyright 1997 by the University of Chicago.

Suggested Citation

  • Spiller, Pablo T & Tiller, Emerson H, 1997. "Decision Costs and the Strategic Design of Administrative Process and Judicial Review," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 347-370, June.
    • Handle: RePEc:ucp:jlstud:v:26:y:1997:i:2:p:347-70
    DOI: 10.1086/467999
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    Citations

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    Cited by:

    1. Pablo T Spiller & Rafael Gely, 2007. "Strategic Judicial Decision Making," Levine's Working Paper Archive 122247000000001409, David K. Levine.
    2. Paulo Correa & Marcus Melo & Bernardo Mueller & Carlos Pereira, 2019. "Political interference and regulatory resilience in Brazil," Regulation & Governance, John Wiley & Sons, vol. 13(4), pages 540-560, December.
    3. Mueller, Bernardo, 2001. "Institutions for commitment in the Brazilian regulatory system," The Quarterly Review of Economics and Finance, Elsevier, vol. 41(5), pages 621-643.
    4. Gregory DeAngelo & Adam Nowak & Imke Reimers, 2018. "Examining Regulatory Capture: Evidence From The Nhl," Contemporary Economic Policy, Western Economic Association International, vol. 36(1), pages 183-191, January.
    5. Maurice Kugler & Howard Rosental, 2000. "Checks and balances : an assessment of the institutional separtion of political powers in Colombia," Working Papers Series. Documentos de Trabajo 2117, Fedesarrollo.
    6. Gennaioli, Nicola & Shleifer, Andrei, 2007. "Overruling and the instability of law," Journal of Comparative Economics, Elsevier, vol. 35(2), pages 309-328, June.
    7. John M. de Figueiredo & Edward H. Stiglitz, 2015. "Democratic Rulemaking," NBER Working Papers 21765, National Bureau of Economic Research, Inc.
    8. Nuno Garoupa, 2004. "Punish Once or Punish Twice: A Theory of the Use of Criminal Sanctions in Addition to Regulatory Penalties," American Law and Economics Review, American Law and Economics Association, vol. 6(2), pages 410-433.
    9. Guy Holburn & Richard Bergh, 2006. "Consumer capture of regulatory institutions: The creation of public utility consumer advocates in the United States," Public Choice, Springer, vol. 126(1), pages 45-73, January.
    10. Charles R. Shipan, 2000. "The Legislative Design of Judicial Review," Journal of Theoretical Politics, , vol. 12(3), pages 269-304, July.
    11. de Figueiredo, Rui J P, Jr & Vanden Bergh, Richard G, 2004. "The Political Economy of State-Level Administrative Procedure Acts," Journal of Law and Economics, University of Chicago Press, vol. 47(2), pages 569-588, October.
    12. Correa, Paulo & Melo, Marcus & Mueller, Bernardo & Pereira, Carlos, 2008. "Regulatory governance in Brazilian infrastructure industries," The Quarterly Review of Economics and Finance, Elsevier, vol. 48(2), pages 202-216, May.
    13. John R. Wright, 2010. "Ambiguous Statutes and Judicial Deference To Federal Agencies," Journal of Theoretical Politics, , vol. 22(2), pages 217-245, April.

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