Jim Rossi

Harry M. Walborsky Professor and

Associate Dean for Research

Florida State University College of Law

Email: jrossi at law dot fsu dot edu

Telephone: 850/644-6022

Jim Rossi is the Harry M. Walborsky Professor of Law and Associate Dean for Research at Florida State University College of Law. Much of his scholarship addresses judicial review and public participation in state and federal administrative law. He also has written extensively on regulatory restructuring of public utility industries, such as electric power.

His scholarly monograph, Regulatory Bargaining and Public Law, was published with Cambridge University Press in 2005. He also has published a classroom textbook, Energy Economics and the Environment (with Fred Bosselman, Joel Eisen, David Spence and Jaceuqline Lang Weaver) (second edition, Foundation Press 2006) -- the leading law school casebook on energy law. In the past decade, Professor Rossi has published several dozen journal articles, as well as several book chapters. His recent publications appear in Virginia Law Review, Michigan Law Review, Texas Law Review, Duke Law Journal, Vanderbilt Law Review, Northwestern University Law Review, Washington University Law Quarterly, William & Mary Law Review, Wisconsin Law Review, Notre Dame Law Review, Energy Law Journal, and Administrative Law Review.

Professor Rossi is frequently is called on as a governmental and industry consultant and has served as a speaker and lecturer at many professional conferences, including regular appearances at the annual American Bar Association (ABA) meeting, the Fall meeting of the ABA Section of Administrative Law & Regulatory Practice, various bar association meetings in Florida, Iowa, North Carolina and Virginia, and various meetings of the Council of State Governments, the Association of American Law Schools and the Southeastern Association of Law Schools. He has served on the Executive Council of the ABA Section on Administrative Law & Regulatory Practice. He also has served as a tenured faculty member at the University of North Carolina – Chapel Hill and a visiting professor at the University of Texas – Austin.

• CV

• SSRN author page (links to working papers)

• SSRN index page for FSU College of Law Working Paper Series

• Energy Economics and the Environment (second edition Foundation Press 2006) (with Fred Bosselman, Joel Eisen, David Spence & Jacqueline Weaver)

• Course materials on the FSU BlackBoard (for Torts, Administrative Law, Energy Regulation, Antitrust students)

Recent Projects:

• Dual Enforcement of Constitutional Norms: New Frontiers of State Constitutional Law (with James Gardner) (book proposal under submission, for 2006 or 2007 publication).

• Regulatory Bargaining and Public Law -- scholarly book monograph (Cambridge University Press, 2005).

In this book, 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. In contrast, 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. The book 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.

Contents

1. The scope of regulatory bargaining; Part I. Extending Incomplete Bargains from the Economics of the Firm to Public Governance: 2. Regulatory bargains and the stability of natural monopoly regulation; 3. The incompleteness of regulatory law: moving beyond the ‘small world’ of natural monopoly regulation; 4. Refin(anc)ing service obligations for a competitive environment; Part II. Incomplete Regulatory Bargains, Institutions, and the Role of Judicial Review in Deregulated Industries: 5. Deregulatory takings, incomplete regulatory bargains, and judicial review; 6. Incomplete regulatory tariffs and the role of courts; 7. Bargaining for state-assisted monopoly; 8. Overcoming bargaining failures in a federalist system; 9. Incomplete regulatory bargaining and the lessons for judicial review.

• Energy, Economics & the Environment (Foundation Press casebook) – Second Edition 2006.

• Toward A Jurisprudence of Reasons for State Action Doctrine (draft in progress)

• State Executives in Crisis (draft in progress)

• The Puzzle of State Constitutions, __ Buffalo Law Review __ (forthcoming 2006) (book review)

• Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism, 83 Washington University Law Quarterly 521 (2005)

• Moving Public Law Out of the Deference Trap for Regulated Industries, 39 Wake Forest Law Review 617 (2005)

• The Demise of Market Power in State Power Plant and Transmission Line Siting: A New Challenge for Environmental Regulation, 15 Duke Environmental Law & Policy Forum 315 (2005)

• Empirical Measures of Judicial Performance: An Introduction to the Symposium, 32 Florida State University Law Review 1001 (2005) (with Steven Gey)

Recent events/symposia/conferences coordinated:

• FSU College of Law Legal Scholarship Workshops (at least once a week through Summer, Spring and Fall terms, a paper is presented here at FSU).

• Faculty Coordinator, Symposium on Default Rules in Private and Public Law. March 25-26, 2005, Florida State University College of Law – forthcoming in Florida State University Law Review.

• Faculty Coordinator, Symposium on Empirical Measures of Judicial Performance – published in Florida State University Law Review.

• William & Mary Institute of Bill of Rights Law Conference on Dual Enforcement of Constitutional Norms – published in William & Mary Law Review (coordinated with James Gardner and Neal Devins).

• Symposium on 2000 Presidential Election – published in Florida State University Law Review.

Florida State University College of Law