Sidney A. Shapiro

Wake Forest University School of Law

University Distinguished Professor of Law

P.O. Box 7206

Winston-Salem, NC 27109

United States

  • Wake Forest University School of Law

    • Email
    • Tel: 336-758-5430
SCHOLARLY PAPERS

55

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40

Scholarly Papers (55)

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1.

Pragmatic Administrative Law

Wake Forest Univ. Legal Studies Paper No. 05-02
Number of pages: 29 Posted: 25 Jan 2005
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 502 (54,684)

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regulatory reform, environmental law, administrative procedure

2.

Voluntary Regulatory Compliance in Theory and Practice: The Case of Osha

Number of pages: 54 Posted: 03 Nov 1999
Sidney A. Shapiro and Randy Rabinowitz
Wake Forest University School of Law and affiliation not provided to SSRN
Downloads 484 (57,301)
Citation 6

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3.

A Standards-Based Theory of Judicial Review and the Rule of Law

Wake Forest Univ. Legal Studies Paper No. 05-16
Number of pages: 58 Posted: 23 Jul 2005
Sidney A. Shapiro and Richard E. Levy
Wake Forest University School of Law and University of Kansas - School of Law
Downloads 478 (58,217)

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Judicial Review, Separation of Powers, Due Process, Administrative Law

4.

Beyond Cost-Benefit Analysis: A Pragmatic Reorientation

Harvard Environmental Law Review, Vol. 31, 2008, Wake Forest Univ. Legal Studies Paper No. 1087796
Number of pages: 82 Posted: 30 Jan 2008 Last Revised: 28 Dec 2014
Sidney A. Shapiro and Christopher H. Schroeder
Wake Forest University School of Law and Duke University School of Law
Downloads 403 (71,633)

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cost-benefit analysis, regulatory impact analysis, pragmatism

5.

Government Benefits and the Rule of Law: Toward a Standards-Based Theory of Due Process

Administrative Law Review, Forthcoming
Number of pages: 46 Posted: 15 Sep 2004
Sidney A. Shapiro and Richard E. Levy
Wake Forest University School of Law and University of Kansas - School of Law
Downloads 380 (76,650)

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Due Process, Administrative Law, Constitutional Law, Government Benefits

6.

The Enlightenment of Administrative Law: Looking inside the Agency for Legitimacy

Wake Forest Law Review, Vol. 47, No. 3, 2012, Wake Forest Univ. Legal Studies Paper No. 2173015
Number of pages: 40 Posted: 08 Nov 2012
Sidney A. Shapiro, Elizabeth C. Fisher and Wendy E. Wagner
Wake Forest University School of Law, University of Oxford - Faculty of Law and University of Texas at Austin – School of Law
Downloads 353 (83,539)

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7.

The Complexity of Regulatory Capture: Diagnosis, Causality and Remediation

Roger Williams University Law Review, Vol. 102, No. 1, 2012
Number of pages: 37 Posted: 13 Feb 2012 Last Revised: 02 Mar 2012
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 313 (95,589)

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8.

Eight Things Americans Can't Figure Out About Controlling Administrative Power

Administrative Law Review, Vol. 60, 2008, Wake Forest Univ. Legal Studies Paper No. 1162872
Number of pages: 22 Posted: 22 Jul 2008 Last Revised: 08 Jan 2015
Sidney A. Shapiro and Richard W. Murphy
Wake Forest University School of Law and Texas Tech University School of Law
Downloads 313 (95,589)

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Administrative Law, Administrative Procedure Act

9.

The Truth About Torts: Defensive Medicine and the Unsupported Case for Medical Malpractice 'Reform'

Center for Progressive Reform White Paper No. 1203
Number of pages: 36 Posted: 01 Sep 2012
Sidney A. Shapiro, Thomas Owen McGarity, Nicholas W. Vidargas and James Goodwin
Wake Forest University School of Law, University of Texas at Austin - School of Law, Center for Progressive Reform and Center for Progressive Reform
Downloads 285 (105,826)
Citation 1

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Medical Malpractice, Tort Reform, Defensive Medicine, Civil Justice, Litigation

10.

Rethinking Reform of Electricity Markets

Wake Forest Law Review, Vol 40, pp. 497-543, 2005, U of Cincinnati Public Law Research Paper No. 05-18
Number of pages: 48 Posted: 05 Sep 2005
Sidney A. Shapiro and Joseph P. Tomain
Wake Forest University School of Law and University of Cincinnati - College of Law
Downloads 270 (112,040)

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Deregulation, Electricity, Markets, Utilities, Energy

11.

Workers at Risk: Regulatory Dysfunction at OSHA

Center for Progressive Reform White Paper No. 1003, U of Maryland Legal Studies Research Paper No. 2010-14, Energy Center Research Paper No. 09-10
Number of pages: 37 Posted: 09 Mar 2010 Last Revised: 21 Oct 2013
Thomas Owen McGarity, Rena I. Steinzor, Sidney A. Shapiro and Matthew Shudtz
University of Texas at Austin - School of Law, University of Maryland Francis King Carey School of Law, Wake Forest University School of Law and Center for Progressive Reform
Downloads 264 (114,725)

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Occupational Safety and Health Administration, workplace safety, enforcement, hazards, regulatory reform

12.

The BP Catastrophe: When Hobbled Law and Hollow Regulation Leave Americans Unprotected

Number of pages: 36 Posted: 23 Apr 2011 Last Revised: 17 Sep 2015
Alyson Flournoy, William L. Andreen, Thomas Owen McGarity, Sidney A. Shapiro and James Goodwin
University of Florida Levin College of Law, University of Alabama - School of Law, University of Texas at Austin - School of Law, Wake Forest University School of Law and Center for Progressive Reform
Downloads 225 (134,836)
Citation 1

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regulatory safeguards, access to justice

13.

Cost‐Benefit Analysis: An Organizational Design Perspective

New York University Environmental Law Journal, Vol. 18, 2011, Wake Forest Univ. Legal Studies Paper No. 1738496
Number of pages: 26 Posted: 12 Jan 2011
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 183 (163,598)

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14.

Capture, Accountability, and Regulatory Metrics

Texas Law Review, Vol. 84, No. 5, 2008, Wake Forest Univ. Legal Studies Paper No. 1105001, U of Maryland Legal Studies Research Paper No. 2008-13
Number of pages: 45 Posted: 12 Mar 2008
Sidney A. Shapiro and Rena I. Steinzor
Wake Forest University School of Law and University of Maryland Francis King Carey School of Law
Downloads 176 (169,417)

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Accountability, Regulation, Capture, Performance

15.

Marbury's Unfulfilled Promise: Government Benefits and the Rule of Law

University of Kansas Faculty Working Papers No. 02-01
Number of pages: 80 Posted: 26 Aug 2002
Sidney A. Shapiro and Richard E. Levy
Wake Forest University School of Law and University of Kansas - School of Law
Downloads 160 (183,936)

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16.

The Failure to Understand Expertise in Administrative Law: The Problem and the Consequences

Wake Forest Univ. Legal Studies Paper
Number of pages: 57 Posted: 24 Jan 2016
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 147 (197,399)

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17.

Why Administrative Law Misunderstands How Government Works: The Missing Institutional Analysis

Washburn Law Journal, Forthcoming, Wake Forest Univ. Legal Studies Paper No. 2273761
Number of pages: 29 Posted: 04 Jun 2013
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 145 (199,673)

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18.

Regulatory Dysfunction: How Insufficient Resources, Outdated Laws, and Political Interference Cripple the 'Protector Agencies'

U of Maryland Legal Studies Research Paper No. 2009-46, Center for Progressive Reform White Paper No. 906, August 2009
Number of pages: 25 Posted: 11 Nov 2009
Rena I. Steinzor and Sidney A. Shapiro
University of Maryland Francis King Carey School of Law and Wake Forest University School of Law
Downloads 138 (207,754)
Citation 2

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19.

OMB and the Politicization of Risk Assessment

Environmental Law, Vol. 37, No. 4, 2007
Number of pages: 24 Posted: 19 Feb 2008
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 128 (220,566)

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OMB, Risk Assessment, Risk Guidelines, Regulatory Science

20.

Improving Regulation Through Incremental Adjustment

Wake Forest Univ. Legal Studies Paper No. 05-01
Number of pages: 71 Posted: 25 Jan 2005
Sidney A. Shapiro and Robert L. Glicksman
Wake Forest University School of Law and George Washington University - Law School
Downloads 127 (221,833)

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regulatory reform, environmental law, administrative procedure

21.

Inequality, Social Resilience and the Green Economy

86 University of Missouri-Kansas City L. Rev. 1 (2018), Loyola University New Orleans College of Law Research Paper No. 2018-13
Number of pages: 32 Posted: 24 Apr 2018 Last Revised: 11 Dec 2018
Sidney A. Shapiro and Robert R. M. Verchick
Wake Forest University School of Law and Loyola University New Orleans College of Law
Downloads 126 (223,201)

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22.

United Church of Christ V. Fcc: Private Attorneys General and the Rule of Law

Administrative Law Review, 2007, Wake Forest Univ. Legal Studies Paper No. 910930
Number of pages: 23 Posted: 21 Jun 2006
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 124 (225,953)

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Administrative Law, Judicial Review

23.

A Return to Common Sense: Protecting Health, Safety, and the Environment Through 'Pragmatic Regulatory Impact Analysis'

U of Maryland Legal Studies Research Paper No. 2009-45, Temple University Legal Studies Research Paper No. 2010-18
Posted: 11 Nov 2009 Last Revised: 25 Sep 2010
Rena I. Steinzor, Amy Sinden and Sidney A. Shapiro
University of Maryland Francis King Carey School of Law, Temple University - James E. Beasley School of Law and Wake Forest University School of Law
Downloads 112 (243,432)
Citation 2

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cost benefit analysis, regulatory policy, pragmatic regulatory impact analysis, centralized regular review

24.

The Social Costs of Dangerous Products: An Empirical Investigation

Cornell Journal of Law and Public Policy, Forthcoming, Wake Forest Univ. Legal Studies Paper No. 1345222
Number of pages: 45 Posted: 23 Feb 2009
Sidney A. Shapiro, Ruth Ruttenberg and J. Paul Leigh
Wake Forest University School of Law, National Labor College and University of California, Davis - Department of Public Health Sciences
Downloads 103 (258,189)

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25.

The Next OSHA: Progressive Reforms to Empower Workers

Center for Progressive Reform White Paper No. 1207
Number of pages: 32 Posted: 27 Jul 2012
Martha T. McCluskey, Thomas Owen McGarity, Sidney A. Shapiro, Rena I. Steinzor and Matthew Shudtz
University at Buffalo Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Maryland Francis King Carey School of Law and Center for Progressive Reform
Downloads 102 (259,940)
Citation 1

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Occupational Safety and Health Administration, occupational safety and health

26.

The Future of the Administrative Presidency: Turning Administrative Law Inside-Out

Wake Forest Univ. Legal Studies Paper No. 1738491
Number of pages: 43 Posted: 12 Jan 2011
Sidney A. Shapiro and Ronald F. Wright
Wake Forest University School of Law and Wake Forest University - School of Law
Downloads 101 (261,649)
Citation 2

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27.

Regulatory Science in Rulemaking and Tort: Unifying the Weight of the Evidence Approach

3 Wake Forest J. L.& Pub. Pol. 101 (2013), U of Texas Law, Law and Econ Research Paper No. 404, Energy Center Research Paper No. 2013-07
Number of pages: 41 Posted: 28 Feb 2013 Last Revised: 27 May 2014
Thomas Owen McGarity and Sidney A. Shapiro
University of Texas at Austin - School of Law and Wake Forest University School of Law
Downloads 100 (263,376)

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28.

Politicized Judicial Review in Administrative Law: Three Improbable Responses

Wake Forest Univ. Legal Studies Paper No. 1797729
Number of pages: 41 Posted: 29 Mar 2011
Sidney A. Shapiro and Richard W. Murphy
Wake Forest University School of Law and Texas Tech University School of Law
Downloads 94 (274,245)

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29.

The People's Agent: Executive Branch Secrecy and Accountability in an Age of Terrorism

Law and Contemporary Problems, Vol. 69, p. 99, 2006, U of Maryland Legal Studies Research Paper No. 2005-55, Wake Forest Univ. Legal Studies Paper No. 05-20
Number of pages: 33 Posted: 21 Sep 2005
Sidney A. Shapiro and Rena I. Steinzor
Wake Forest University School of Law and University of Maryland Francis King Carey School of Law
Downloads 94 (274,245)

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Freedom of Information, Administrative Law, Agency Law

30.

The Truth About Torts: Regulatory Preemption at the Federal Railroad Administration

Number of pages: 24 Posted: 18 Jun 2010
Thomas Owen McGarity, James Goodwin, Sidney A. Shapiro, William Funk, Nina A. Mendelson and Jennifer Marshall
University of Texas at Austin - School of Law, Center for Progressive Reform, Wake Forest University School of Law, Lewis & Clark Law School, University of Michigan Law School and Allen & Overy LLP
Downloads 77 (310,084)

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Regulatory preemption, tort law, railroad safety

31.

From Ship to Shore: Reforming the National Contingency Plan to Improve Protections for Oil Spill Cleanup Workers

Center for Progressive Reform Working Paper No. 1006, U of Maryland Legal Studies Research Paper No. 2010-59
Number of pages: 23 Posted: 13 Dec 2010
Rebecca M. Bratspies, Alyson Flournoy, Thomas Owen McGarity, Sidney A. Shapiro, Rena I. Steinzor and Matthew Shudtz
City University of New York - School of Law, University of Florida Levin College of Law, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Maryland Francis King Carey School of Law and Center for Progressive Reform
Downloads 57 (363,460)

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environmental protection, clean-up, reform

32.

Administrative Procedure and the Decline of the Trial

Kansas Law Review, Vol. 51, pp. 473, 2003
Number of pages: 35 Posted: 07 Nov 2011
Richard E. Levy and Sidney A. Shapiro
University of Kansas - School of Law and Wake Forest University School of Law
Downloads 54 (372,900)

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33.

‘Fifty FDAs’: An Argument for Federal Preemption of State Tort Law that is Less than Meets the Eye

Lewis & Clark Law School Legal Studies Research Paper No. 2010-28, Energy Center Research Paper No. 10-10
Number of pages: 21 Posted: 01 Oct 2010 Last Revised: 28 Jul 2013
William W. Buzbee, William Funk, Thomas Owen McGarity, Sidney A. Shapiro, James Goodwin and Matthew Shudtz
Georgetown University Law Center, Lewis & Clark Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, Center for Progressive Reform and Center for Progressive Reform
Downloads 52 (379,262)

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regulatory preemption, tort law, drug and medical device safety

34.

Plausibility Pleading: Barring the Courthouse Door to Deserving Claimants

Lewis & Clark Law School Legal Studies Research Paper No. 2010-25
Number of pages: 23 Posted: 01 Oct 2010 Last Revised: 13 Oct 2010
William Funk, Thomas Owen McGarity, Sidney A. Shapiro and James Goodwin
Lewis & Clark Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law and Center for Progressive Reform
Downloads 52 (379,262)
Citation 3

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Pleading, Supreme Court, Access to Justice

35.

Arbitrariness Review Made Reasonable: Structural and Conceptual Reform of the 'Hard Look'

Notre Dame Law Review, Vol. 92, No. 1, 2016
Number of pages: 50 Posted: 28 Nov 2016
Sidney A. Shapiro and Richard W. Murphy
Wake Forest University School of Law and Texas Tech University School of Law
Downloads 44 (406,777)

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36.

Paul Verkuil and Pragmatic Adjustment in Government

Cardoza Law Review, Vol. 32, 2011, Wake Forest Univ. Legal Studies Paper No. 1738499
Number of pages: 21 Posted: 12 Jan 2011 Last Revised: 20 Jan 2011
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 42 (414,156)

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37.

Talking about Regulation: Political Discourse and Regulatory Gridlock

7 WFU J. Law & Pub. Pol. 101 (2016)
Number of pages: 38 Posted: 07 Dec 2016
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 41 (417,882)

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38.

Setting the Record Straight: The Crain and Crain Report on Regulatory Costs

Center for Progressive Reform White Paper No. 1103
Number of pages: 15 Posted: 23 Apr 2011
Sidney A. Shapiro, Ruth Ruttenberg and James Goodwin
Wake Forest University School of Law, National Labor College and Center for Progressive Reform
Downloads 38 (429,864)

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regulatory process, regulatory reform

39.

Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement Of Adequate Reasons for Agency Decisions

Duke Law Journal, Vol. 1987, No. 387, 1987
Number of pages: 69 Posted: 07 Nov 2011
Richard E. Levy and Sidney A. Shapiro
University of Kansas - School of Law and Wake Forest University School of Law
Downloads 37 (433,927)
Citation 1

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40.

Constraining White House Political Control of Agency Rulemaking Through the Duty of Reasoned Explanation

UC Davis Law Review, Vol. 48, p. 1457, 2015
Number of pages: 52 Posted: 29 Apr 2015
Sidney A. Shapiro and Richard W. Murphy
Wake Forest University School of Law and Texas Tech University School of Law
Downloads 36 (437,967)

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41.

From Surviving to Thriving: Equity in Disaster Planning and Recovery

Number of pages: 120 Posted: 05 Mar 2019
Victor Byers Flatt, Alyson Flournoy, Karen C. Sokol, Robert R. M. Verchick, Rebecca M. Bratspies, Maxine Burkett, John D. Echeverria, Daniel A. Farber, David Flores, Evan Isaaceson, Alice Kaswan, Christine A. Klein, Sarah Lamdan, Joel A. Mintz, Sidney A. Shapiro, Joseph P. Tomain and Katie Tracy
University of Houston Law Center, University of Florida Levin College of Law, Loyola University New Orleans College of Law, Loyola University New Orleans College of Law, City University of New York - School of Law, University of Hawaii - William S. Richardson School of Law, Vermont Law School, University of California, Berkeley - School of Law, Center for Progressive Reform, Center for Progressive Reform - CPR Policy Analyst, University of San Francisco - School of Law, University of Florida Levin College of Law, CUNY School of Law, Nova Southeastern University, Wake Forest University School of Law, University of Cincinnati - College of Law and Center for Progressive Reform
Downloads 32 (455,081)

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environment, environmental law, disaster, disaster law, RCRA, CERCLA, Emergency Waiver, EPCRA,FEMA, Planning, Migration, Relocation, Resilience, Stormwater, NEPA, Stafford Act, climate, Environmental Justice

42.

Overuse of Antibiotics in Concentrated Animal Feeding Operations: Regulation and Tort Law

47 Environmental Law Review 557 (2017), Wake Forest Univ. Legal Studies Paper
Number of pages: 25 Posted: 22 Sep 2017
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 29 (469,260)

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43.

TSCA Reform: Preserving Tort and Regulatory Approaches

Number of pages: 21 Posted: 20 Feb 2016
Emily Hammond, Thomas Owen McGarity, Sidney A. Shapiro, Wendy E. Wagner and James Goodwin
George Washington University - Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, University of Texas at Austin – School of Law and Center for Progressive Reform
Downloads 27 (479,385)

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Congress, Regulations, TSCA, Legislation, Chemicals, Public Health, Safety

44.

Saving Lives, Preserving the Environment, Growing the Economy: The Truth About Regulation

Center for Progressive Reform White Paper #1109, 2011
Number of pages: 40 Posted: 31 Mar 2016
Sidney A. Shapiro, Ruth Ruttenberg and James Goodwin
Wake Forest University School of Law, National Labor College and Center for Progressive Reform
Downloads 20 (518,598)
Citation 3

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Regulation, Environment, Health, Safety, Government, Economics, Policy Analysis, Cost-Benefit Analysis

45.

The Role of Health and Safety Evidence in Regulation and the Civil Justice System: Preserving Protection of the Public

Center for Progressive Reform Issue Alert, No. 1401, 2014, Wake Forest Univ. Legal Studies Paper No. 2733336
Number of pages: 14 Posted: 18 Feb 2016
Emily Hammond, Thomas Owen McGarity, Noah Sachs, Sidney A. Shapiro, Wendy E. Wagner and James Goodwin
George Washington University - Law School, University of Texas at Austin - School of Law, University of Richmond School of Law, Wake Forest University School of Law, University of Texas at Austin – School of Law and Center for Progressive Reform
Downloads 18 (530,270)

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TSCA, Chemicals, Regulation, Evidence, Civil Justice, Congress

46.

Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions

Duke Law Journal, Vol. 44, No. 1051, 1995
Number of pages: 30 Posted: 07 Nov 2011
Richard E. Levy and Sidney A. Shapiro
University of Kansas - School of Law and Wake Forest University School of Law
Downloads 17 (536,089)
Citation 2

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47.

Regulatory 'Pay-Go': Rationing the Public Interest

Number of pages: 15 Posted: 22 Mar 2016
Sidney A. Shapiro, Richard W. Murphy and James Goodwin
Wake Forest University School of Law, Texas Tech University School of Law and Center for Progressive Reform
Downloads 12 (565,995)

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Regulation, Environment, Health, Safety, Government, Economics

48.

Distorting the Interests of Small Business: How the Small Business Administration Office of Advocacy's Politicization of Small Business Concerns Undermines Public Health and Safety

Wake Forest Univ. Legal Studies Paper No. 2734293
Number of pages: 32 Posted: 20 Feb 2016
Sidney A. Shapiro and James Goodwin
Wake Forest University School of Law and Center for Progressive Reform
Downloads 11 (572,123)
Citation 1

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Regulation, Small Business, Reform, Administrative Law, Policy

49.

Rulemaking Inaction and the Failure of Administrative Law

Duke Law Journal, Vol. 68, No. 1805, 2019
Number of pages: 38 Posted: 29 May 2019
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 10 (578,374)

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50.

Regulating Forced Arbitration in Consumer Financial Services: Re-Opening the Courthouse Doors to Victimized Consumers

Posted: 13 Jun 2016
Martha T. McCluskey, Thomas Owen McGarity, Sidney A. Shapiro, James Goodwin and Mollie Rosenzweig
University at Buffalo Law School, University of Texas at Austin - School of Law, Wake Forest University School of Law, Center for Progressive Reform and Center for Progressive Reform

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Access to Courts, Civil Justice, Arbitration, Class Action, Cost-Benefit Analysis, Consumer Rights, Corporate Accountability

51.

Peer Review and the Politicization of Government Science

RESCUING SCIENCE FROM POLITICS, Wendy Wagner, Rena Steinzor, eds., Cambridge University Press, July 2006, Wake Forest Univ. Legal Studies Paper No. 910915
Posted: 21 Jun 2006
Sidney A. Shapiro
Wake Forest University School of Law

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Administrative Law, Regulatory Policy, Peer Review

52.

Outsourcing Government Regulation

Duke Law Journal, Vol. 53, p. 389, 2003
Posted: 08 Jul 2004
Sidney A. Shapiro
Wake Forest University School of Law

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Outsourcing, transaction costs, standard-setting, enforcement

53.

Risk Regulation at Risk: Restoring a Pragmatic Approach

Robert L. Glicksman and Sidney A. Shapiro, RISK REGULATION AT RISK: RESTORING A PRAGMATIC BALANCE, Stanford University Press, 2003
Posted: 30 Jan 2003
Sidney A. Shapiro and Robert L. Glicksman
Wake Forest University School of Law and George Washington University - Law School

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Environmental law, risk regulation, pragmatism

54.

Administrative Law after the Counter-Reformation: Restoring Faith in Pragmatic Government

University of Kansas Law Review, Vol. 48
Posted: 05 Apr 2000
Sidney A. Shapiro
Wake Forest University School of Law

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55.

Occupational Safety and Health

Encyclopedia of Law and Economics
Posted: 31 Mar 1998
Sidney A. Shapiro
Wake Forest University School of Law

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