In The Role of Lawmakers, Lobbyists, and Scholars in the Normative Evaluation of Timing Rules, Frank Fagan and Michael Faure respond to Rebecca M. Kysar's argument in Lasting Legislation that legislatures should prefer permanent legislation to legislation with a sunset date. Fagan and Faure argue that while Kysar's position is compelling for tax regulation, she takes an argument that works well in a specific regulatory context and applies it too broadly. Instead, they contend, whether legislation should be lasting or temporary depends on a variety of factors and deserves more nuanced attention.
Volume 160 Issue 1 2012 Response