The Yale Law Journal

Philip K. Howard

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From Progressivism to Paralysis

Philip K. Howard

The complexity of the regulatory state undermines public goals, and leads to broad citizen alienation. The root cause is the progressive aspiration to organize government as a kind of machine producing uniform public choices. A functioning democracy requires a simpler framework allowing officials to…

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A Remedy Without a Wrong

Philip K. Howard

Somewhere far away, in a land not studied by Professor John Goldberg, there may be a legal system that denies injured people redress for injuries. Flipping through the yellow pages here in America, however, there seems to be heavy traffic in the commerce of bringing lawsuits for almost any setback i…