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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

52

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19

Scholarly Papers (52)

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1.

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 453 (49,195)

Abstract:

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

2.

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 418 (48,173)
Citation 3

Abstract:

regulatory reform, environmental law, administrative procedure

3.

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 414 (51,533)
Citation 6

Abstract:

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 341 (67,517)

Abstract:

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 319 (65,593)

Abstract:

Due Process, Administrative Law, Constitutional Law, Government Benefits

6.

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 252 (92,957)

Abstract:

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

7.

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 252 (88,012)

Abstract:

Administrative Law, Administrative Procedure Act

8.

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 243 (98,654)

Abstract:

Deregulation, Electricity, Markets, Utilities, Energy

9.

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 228 (83,003)

Abstract:

10.

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, 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 201 (117,126)

Abstract:

regulatory safeguards, access to justice

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 187 (113,099)

Abstract:

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

12.

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 153 (148,614)
Citation 2

Abstract:

Accountability, Regulation, Capture, Performance

13.

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 151 (95,575)

Abstract:

14.

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 150 (159,210)

Abstract:

15.

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 134 (180,496)

Abstract:

16.

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 118 (189,486)

Abstract:

regulatory reform, environmental law, administrative procedure

17.

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 113 (157,510)

Abstract:

18.

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 112 (200,524)

Abstract:

Administrative Law, Judicial Review

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 109 (195,566)

Abstract:

OMB, Risk Assessment, Risk Guidelines, Regulatory Science

20.

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 105 (211,257)

Abstract:

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

21.

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 97 (224,506)

Abstract:

22.

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 96 (186,042)

Abstract:

23.

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 87 (234,022)

Abstract:

24.

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 86 (234,022)

Abstract:

25.

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 84 (234,022)
Citation 1

Abstract:

Freedom of Information, Administrative Law, Agency Law

26.

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 83 (230,776)

Abstract:

27.

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 65 (282,099)

Abstract:

Regulatory preemption, tort law, railroad safety

28.

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 61 (244,158)
Citation 1

Abstract:

Occupational Safety and Health Administration, occupational safety and health

29.

‘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
Emory University School of Law, 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 48 (328,076)

Abstract:

regulatory preemption, tort law, drug and medical device safety

30.

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, 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 46 (319,421)

Abstract:

environmental protection, clean-up, reform

31.

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 45 (334,021)

Abstract:

Pleading, Supreme Court, Access to Justice

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 40 (334,021)

Abstract:

33.

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 39 (359,068)

Abstract:

34.

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 26 (384,299)
Citation 2

Abstract:

35.

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 26 (384,299)

Abstract:

regulatory process, regulatory reform

36.

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 11 (392,111)

Abstract:

37.

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 11 (464,839)
Citation 3

Abstract:

38.

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 0 (404,751)

Abstract:

39.

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 0 (392,111)

Abstract:

40.

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

Number of pages: 39 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
Downloads 0 (261,062)

Abstract:

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

41.

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 0 (490,865)

Abstract:

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

42.

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 0 (500,990)

Abstract:

Regulation, Environment, Health, Safety, Government, Economics

43.

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 0 (515,552)

Abstract:

Regulation, Small Business, Reform, Administrative Law, Policy

44.

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 0 (454,465)
Citation 1

Abstract:

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

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 0 (490,865)

Abstract:

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

46.

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 0 (207,179)

Abstract:

47.

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

Abstract:

Administrative Law, Regulatory Policy, Peer Review

48.

Outsourcing Government Regulation

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

Abstract:

Outsourcing, transaction costs, standard-setting, enforcement

49.

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

Abstract:

Environmental law, risk regulation, pragmatism

50.

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

Abstract:

51.

Occupational Safety and Health

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

Abstract:

52.

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

47 Environmental Law Review 557 (2017)
Number of pages: 25
Sidney A. Shapiro
Wake Forest University School of Law
Downloads 0

Abstract:

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