Professor
Hsu, in his Response, Saving Lives Through Administrative Law and
Economics: A Response, takes issue with Graham’s support
for the “soft” BCA rule. Instead, he comes to the defense
of using BCA as a “procedural” rule, “in which a [BCA] is required
of agency actions but is provided for informational purposes only and
not intended to be determinative in any way.” Hsu also looks
into the potential for the growing field of happiness research to better
inform BCA, helping to ensure that BCA best fulfills its informational
role.
Volume 157 2009 Article