MODERNIZING THE ADMINISTRATIVE PROCEDURE ACT

• 成果类型: Article
• 署名作者: Walker, Christopher J.
• 署名单位: University System of Ohio; Ohio State University
• 刊物名称: ADMINISTRATIVE LAW REVIEW
• ISSN/ISSBN: 0001-8368
• 发表日期: 2017
• 页码: 629-670
• 关键词: COMMON-LAW; regulatory state; vermont-yankee; rulemaking; COURT; RULE

摘要

Despite dramatic changes in the modern regulatory state over the last seven decades, Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen times since its enactment in 1946. The current political climate may present an ideal opportunity for much-needed bipartisan legislative action. This Essay introduces the American Bar Association's 2016 consensus-driven recommendations to reform the Administrative Procedure Act and then concludes that the Portman-Heitkamp Regulatory Accountabiliy Act of 2017, which incorporates seven of the ABA's nine recommendations, is the type of common-sense, bipartisan legislation needed to modernize the APA.