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Reading Material

We have asked the Alumni Weekend 2009 panel participants to submit written materials relevant to their panel topic. Please feel free to read these materials even if you are not seeking M/CLE credit. The readings will be posted as they become available.

Friday, October 16

3:30-5:00 pm
Panel Discussion

Do Courts Play a Productive Role in the Regulatory Process?
William Eskridge & Lauren Baer, “The Continuum of Deference: Supreme Court Treatment of Agency Statutory Interpretations from Chevron to Hamdan,” 96 Geo. L.J. 1083 (2008)

Saturday, October 17

9:30-10:45 am
Panel Discussions (two concurrent sessions)


I. The Regulatory Process: Problems--Potential Solutions
Commentary by Richard L. Revesz, "The Environment and Economics Aren’t At Odds," Forbes magazine, June 9, 2008

Essay by Richard L. Revesz, “Failing the Cost-Benefit Test”, Grist Beta, posted 8 May 08
Richard L. Revesz, and Michael A. Livermore, Retaking Rationality: How Cost-Benefit Analysis Can Be and Our Health (Oxford University Press, 2008)

Co-authored by Richard L. Revesz and Michael A. Livermore, "Fixing Regulatory Review: Recommendations for the Next Administration," Institute for Policy Integrity (December 2008).

Susan Rose-Ackerman, “Law and Regulation," Chapter 33, in Keith E. Whittington, R. Daniel Keleman, and Gregory A. Caldeira, eds. Oxford Handbook of Law and Politics, Oxford UK: Oxford University Press, 2008, pp. 576-594.


II. Health Regulations in Transition
Recommended by Mark Barnes:
David Blumenthal, M.D., M.P.P., “Employer-Sponsored Insurance—Riding the Health Care Tiger,” Health Policy Report, N Engl J Med 355;2, July 13, 2006

David Blumenthal, M.D., M.P.P., “Employer-Sponsored Health Insurance in the United States—Origins and Implications,” N Engl J Med 355;1, July 6, 2006


11:00 am-12:15 pm
Panel Discussions (two concurrent sessions)


III. Does Clean and Green Require Mean? New Directions in Energy and Environmental Regulation
E. Donald Elliott, “The Tragi-Comedy of the Commons: Evolutionary Biology, Economics and Environmental Law,” Virginia Environmental Law Journal, Vol. 20:17 (2001)

E. Donald Elliott, “Environmental TQM: Anatomy of a Pollution Control Program that Works!,” Michigan Law Review, Vol. 92:1840 (1994)

E. Donald Elliott, “Portage Strategies for Adapting Environmental Law and Policy During a Logjam Era,” 17 N.Y.U. Environmental L.J. 24 (2008)

Recommended by:
Daniel C. Esty, “Breaking the Environmental Law Logjam: The International Dimension,” 17 N.Y.U. Environmental L.J. 836 (2008)

Hari M. Osofsky, “Is Climate Change “International”? Litigation’s Diagonal Regulatory Role”, Virginia Journal of International Law, Vol. 49:85 (2009)

Recommended by Douglas Smith '86:
Doug Smith, "Update from Washington: Climate Change and Clean Energy," PowerPoint presentation during Yale Law School Alumni Weekend October 17, 2009.

Tomas Carbonell, SUMMARY OF THE GREENHOUSE GAS CAP-AND-TRADE PROVISIONS OF THE WAXMAN-MARKEY CLIMATE CHANGE BILL (H.R. 2454), AS PASSED BY THE U.S. HOUSE OF REPRESENTATIVES, Energy Bar Journal, (part of the annual report of the Energy Bar Assn's Climate Change & Emissions Committee), August 2009.

Senators John Kerry and Barbara Boxer Introduce Comprehensive Climate Change and Clean Energy Legislation, Issue Alert, October 2, 2009, Van Ness Feldman

Climate Change Policy Update, Week of October 5-9, 2009, October 12, 2009, Van Ness Feldman



IV. The Global Financial Crisis and the Future of Financial Regulation
Robert E. Litan, “Regulating Systemic Risk”, The Initiative on Business and Public Policy, Brookings Institution, March, 2009

John Morley and Roberta Romano, Editors, “The Future of Financial Regulation,” Yale Law School Center for the Study Corporate Law’s Weil, Gotshal & Manges Roundtable, February 13, 2009

Testimony of Martin Neil Baily and Robert E. Litan, “Regulating and Resolving Institutions Considered ‘Too Big to Fail’”, Initiative on Business and Public Policy at Brookings, May 6, 2009

Robert E. Litan and Alex J. Pollock, “The Future of Charge Card Networks,” Working Paper 06-03, Joint Center AEI-Brookings Joint Center for Regulatory Studies, February 2006

Robert E. Litan, Co-editor, FinReg21’s, “Scoring The Obama Financial Reform Plan”, Reforming Financial Services Regulation of the 21st Century Financial Services Sector, July 20, 2009

Jonathan Macey, Geoffrey Miller, Maureen O’Hara and Gabriel D. Rosenberg, “Helping Law Catch Up to Markets: Applying Broker-Dealer Law to Subprime Mortgages,” 34 The Journal of Corporation Law 790 (2009).

Jonathan Macey, “The Demise of the Reputational Model in Capital Markets: The Problem of the ‘Last Period Parasites,’” October, 2009 Working Paper, Yale Law School.