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作者：Dotan, Yoav
作者单位：Hebrew University of Jerusalem
摘要：Deference is a fundamental concept in legal discourse, in general, and in administrative law, in particular. Rivers of ink have been spilled over the meaning of Chevron deference, but only scant attention has been given to the meaning of the concept of deference-a subject worthy of discussion in its own right. This Article intends to fill this gap by explaining the meaning of deference as a key to understanding the principal doctrines of administrative law. My main argument is that deference s...
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作者：Coglianese, Cary; Lehr, David
作者单位：University of Pennsylvania; University of Pennsylvania
摘要：Machine-learning algorithms are improving and automating important functions in medicine, transportation, and business. Government officials have also started to take notice of the accuracy and speed that such algorithms provide, increasingly relying on them to aid with consequential public-sector functions, including tax administration, regulatory oversight, and benefits administration. Despite machine-learning algorithms' superior predictive power over conventional analytic tools, algorithmi...
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作者：Belton, Keith B.; Graham, John D.
作者单位：Indiana University System; Indiana University Bloomington; Indiana University System; Indiana University Bloomington
摘要：This Article draws strongly from a report commissioned by the American Council on Capital Formation (ACCF) Center for Policy Research (accf.org, Washington, DC) in early 2019. The report was originally published online by ACCF in March 2019. John D. Graham & Keith Belton, Trump's Deregulatory Record, AMERICAN COUNCIL ON CAPITAL FORMATION (Mar. 13, 2019), http://accf.org/2019/03/13/new-report-trumps-deregulatory-record/. The contents have since been updated and expanded for this Article's publi...
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作者：Cardoza, Christiane S.
作者单位：American University; University of Notre Dame
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作者：Neer, William C.
作者单位：American University
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作者：Walzer, Sarah
作者单位：American University; University of Rhode Island
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作者：Sitaraman, Ganesh; Dobkin, Ariel
作者单位：Vanderbilt University
摘要：The question of how best to design a new agency is of immense public importance. Congress creates new agencies and reforms agency structures with some regularity, while commentators frequently call for the creation of new or redesigned agencies. Scholars have, as a result, increasingly turned to studying the diversity of agency structures and questions of agency design. In this Essay, we tackle one of the decisions that must be made in designing any new agency-the choice between a single-direc...
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作者：Chun, Jason
作者单位：American University
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作者：Roesler, Shannon
作者单位：Oklahoma City University
摘要：Today, no one seriously challenges the descriptive premise that presidential preferences influence the decisions of administrative agencies. But this view of agency decisionmaking departs significantly from historical views. As the administrative state expanded in the early twentieth century, its proponents viewed agencies as bureaucratic experts capable of applying technical and scientific knowledge to pressing social problems. The expertise model of agency decisionmaking continues to inform ...
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作者：Coglianese, Cary; Scheffler, Gabriel
作者单位：University of Pennsylvania; University of Pennsylvania; University of Pennsylvania; Yale University
摘要：Private standards play a central role in the governance of economic activity. They also figure significantly in many public regulations, with more than 17,000 references to private standards contained in the federal regulatory code. Nevertheless, private standards remain largely overlooked in law school curricula. One clear example is Industrial Union Department, AFL-CIO v. American Petroleum Institute (often referred to as the Benzene Case), a 1980 Supreme Court decision that is widely excerp...
