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Beyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Markets
(Michigan State DCL Law Review, 2003)
Regulatory agencies are increasingly adopting ex ante rules to set market access terms and conditions for network industries. At the same time, in industries such as telecommunications and electric power transmission and ...
Moving Public Law Out of the Deference Trap in Regulated Industries
(Wake Forest Law Review, 2005)
This Article argues that public law has fallen into what I call a deference trap in addressing conflicts in deregulated industries, such as telecommunications and electric power. The deference trap describes a judicial ...