Rossi Jim. Regulatory Bargaining and Public Law

Cambridge University Press, 2005. — 290 p.In Regulatory Bargaining and Public Law, Professor Rossi explores the implications of a bargaining perspective for institutional governance and public law in deregulated industries such as electric power and telecommunications. Leading media accounts blame deregulated markets for failures in competitive restructuring policies. However, the author argues that governmental institutions, often influenced by private stakeholders, share blame for the defects in deregulated markets. The first part of the book explores the minimal role that judicial intervention played for much of the twentieth century in public utility industries and how deregulation presents new opportunities and challenges for public law. The second part of the book explores the role of public law in a deregulatory environment, focusing on the positive and negative incentives it creates for the behavior of private stakeholders and public institutions in a bargaining-focused political process. Regulatory Bargaining and Public Law presents a unified set of default rules to guide courts in the United States and elsewhere as they address the complex issues that will come before them in a deregulatory environment.
Jim Rossi is the Harry M. Walborsky Professor and Associate Dean for Research at Florida State University College of Law. He holds an LL.M. from Yale Law School, a J.D. from the University of Iowa College of Law, and a B.A. in economics from Arizona State University. He has served as a faculty member at the University of North Carolina School of Law, and he has been a visiting faculty member at the University of Texas Law School.Ascholar in the fields of administrative and regulatory law, Professor Rossi’s publications have appeared in Virginia Law Review, Michigan Law Review, Duke Law Journal, Texas Law Review, Northwestern University Law Review, Vanderbilt Law Review, and Energy Law Journal, among many other journals. He is co-author of the leading textbook on energy law, Energy, Economics, and the Environment (2000).