Wednesday, December 18, 2024

Regulation

The price of disorder

I was once pitched a deal in the heart of the Amazon—Manaus, Brazil. What was I buying? Firstly, a commercial asset. But I couldn’t shake my concern around governance. The sanctity of a contract...
Stricter land-use regulations force builders to spread their efforts over a large number of relatively small projects, limiting the number of homes they’re able to build. This, in turn, limits their ability to invest in better homebuilding technology or otherwise take advantage of economies of scale.

Is land-use regulation holding back construction productivity?

Ed Glaeser is perhaps the pre-eminent urban economist working today, and I’ve cited his work repeatedly when looking at land-use restrictions and burdens on new development. So I was very interested to see he’s coauthored...
If this debate eventually does come to a boil, the Supreme Court may need to further clarify its position on Skidmore jurisprudence. But for now, appellate litigators would be wise to steer clear of deference-based argumentation.

New game post-Chevron

For decades, the judicial doctrine called “Chevron deference” dominated American administrative law. In the aftermath of Chevron’s demise in Loper Bright v. Raimondo, however, a new legal debate is brewing over an 80-year-old judicial precedent:...
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