Duke Law Journal

A bimonthly law journal edited by a student board. A third of each issue consists of student notes dealing with current legal developments, and the remaining content is devoted to articles and comments by professors and practitioners. Generally one issue

Articles from Vol. 62, No. 8, May

An Economist's Perspective on Well-Being Analysis and Cost-Benefit Analysis
As a starting point, it is important to note that I come to this from the blunt-tooled perspective of an economist, rather than from the more refined conceptual approach of lawyers. Lawyers take much more time to unbundle underlying conceptual definitions...
Cost-Benefit Analysis and Well-Being Analysis?
INTRODUCTION Under Executive Order 12,866, (1) as supplemented by Executive Order 13,563, (2) federal agencies are required to prospectively assess the costs and benefits of significant regulations, and also to assess the costs and benefits of alternatives...
Happiness Institutions
INTRODUCTION Happiness measures, like any decisionmaking criteria, will not reside in sterile vacuums, but rather will thrive within policymaking institutions. Appreciating the dynamics within and between these bodies thus can help to illuminate...
Happiness Surveys and Public Policy: What's the Use?
III. SUBJECTIVE WELL-BEING SURVEYS AS EVIDENCE OF EXPERIENCE UTILITY The PR defense sees SWB surveys as evidencing preference utility, a measure of the extent to which individuals' preferences are realized (with individuals permitted to have an...
The Benefits of Mortality Risk Reduction: Happiness Surveys vs. the Value of a Statistical Life
A principal component of many benefit-cost analyses (BCAs) of health, safety, and environmental regulations is the valuation of the fatality risk effects of the underlying policy. Government agencies currently value these expected effects using estimates...
The Lending-Limit Combination Rules: Regulation by Enforcement at the OCC
An agency cannot merely flit serendipitously from case to case, like a bee buzzing from flower to flower, making up the rules as it goes along. --Judge Bruce M. Selya [1] The regulation-by-enforcement critique has made an impact at the Securities...
Well-Being Analysis vs. Cost-Benefit Analysis
ABSTRACT Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as...