Article

Utility Rate Regulation: The Little Locomotive That Couldn’t

Neil N. Bernstein
The thesis of this Article is that rate base regulation is a vestigial remnant of nineteenth-century jurisprudential notions that have since been repudiated by the Supreme Court. In addition, this kind of regulation serves no beneficial purpose in today’s society and should be discarded in favor of more meaningful rate appraisal standards.
Article

Administrative Prescription and Imposition of Penalties

Walter Gellhorn
Whether or not the power to prescribe conduct and the power to state the consequences of disobeying the prescription are analytically different, sensitivity concerning legislative delegation does mount when administrators become penalizers. At the same time, however, a trend continues toward empowering administrators to set penalties by rule or to impose them in individual instances. The efficacy of conventional penal processes is far from being universally acknowledged. The search for…