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作者：Turner, Savannah
作者单位：American University
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作者：Kovacs, Kathryn E.
作者单位：Rutgers University System; Rutgers University Newark
摘要：The unitary executive is no longer a theory; it is real. The President operates on the premise that, because all executive power is vested in him, his appointees merely assist him in performing his constitutional duty. The rise of the unitary executive is not a new phenomenon, but it has reached a new pinnacle. This Article demonstrates that among the contributing causes to that climb are the judicial rules about rulemaking. The provisions governing agency rulemaking in the Administrative Proc...
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作者：Revesz, Joshua
作者单位：Yale University
摘要：This Article explores and critiques the administrative law doctrine of voluntary remand. When petitioners challenge an agency policy, the agency may ask the reviewing court to return the policy to the agency for reconsideration-effectively terminating the court's role in the case. Voluntary-remand motions risk agency opportunism and political manipulation but are nevertheless routinely and uncritically granted by courts. The Article explores the theory and history of voluntary-remand doctrine,...
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作者：Webley, Alec
作者单位：New York University
摘要：How does an ordinary citizen find out what the government is doing and why? One early method was pioneered by the Administrative Procedure Act (APA). The APA requires that when a government agency finalizes a rule, it publishes a preamble containing a concise general statement of the rule's basis and plopose. But the public truth-telling function of these preambles has become undermined by their spectacular length, often to more than a thousand pages longer than their parent rules, making it v...
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作者：Messer, Sabra R.
作者单位：American University
摘要：In 2007, the Public Service Loan Forgiveness (PSLF) program was enacted to encourage qualified individuals to seek employment in the public sector. A decade later in 2017, the first round of qualified applicants are eligible to receive forgiveness on the remaining balances of their student loans provided they work for a qualifying employer and have made 120 on-time payments under an approved repayment program. However, the PSLF program has been criticized as duplicative and expensive, resultin...
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作者：Kalinowski, Alissa S.
作者单位：American University
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作者：Weaver, Holly L.
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作者：Lubbers, Jeffrey S.
作者单位：American University
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作者：Purce, James
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作者：Aagaard, Todd S.
作者单位：Villanova University
摘要：An inherent tension exists between the roles of agencies and courts in administrative enforcement cases. Those cases are initiated by agencies to enforce the statutes and regulations they administer but are then subject to judicial review by courts. Agencies tend to focus on creating and then implementing administrative enforcement systems that produce consistent results pursuant to the agency's bureaucratic processes and informed by the agency's expertise. In reviewing such decisions, by cont...
