Regulatory Impressionism: What Regulators Can and Cannot Do

The decision-making process in state utility commissions is best described as "regulatory impressionism." Working in concert with longstanding notions of judicial deference, the existence of regulatory impressionism has far-reaching implications for the move towards a competitive marketplace in the digital age. This article explores how state commissions should operate given a plethora of constraints from both internal and external sources, concluding that the most effective reforms must come from within.