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作者：Schoeni, Lieutenant Colonel Daniel E.
作者单位：United States Department of Defense; United States Air Force; University of Nottingham
摘要：In several strategy documents, the Department of Defense has suggested that it may experiment with public private partnerships (P3s) as catalysts for innovation. This policy is misguided. P3s may prove especially disappointing if they are merely a neologism for a continuation of the same old policies that facilitate sole-source contracts whose lifecycles span decades. Open systems architecture, by contrast, has the potential to disrupt the defense industry and to facilitate the sort of competi...
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作者：Bull, Reeve T.; Ellig, Jerry
作者单位：George Washington University; George Mason University
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作者：Levin, Ronald M.
作者单位：Washington University (WUSTL)
摘要：When reviewing the validity of a rule, should a court consider issues that were not presented to the agency during the underlying rulemaking proceeding? In 2015, the Administrative Conference of the United States explored this question, drawing upon a consultant's report prepared by Professor jeffrey Lubbers, but did not reach a consensus on how to answer it. This essay, written to accompany the publication of the Lubbers report, proposes some answers. The thrust of the analysis is that judici...
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作者：Levin, Ronald M.
作者单位：Washington University (WUSTL)
摘要：The Administrative Procedure Act imposes a general obligation on federal agencies to use notice-and-comment procedures when they adopt rules, but it contains an exemption, & sect; 553 (b)(A), for two kinds of rules that lack the force of law-interpretative rules and ,general statements of policy. Questions pertaining to the application of this exemption may constitute the single most frequently litigated and important issue of rulemaking procedure in the federal courts today. This article unde...
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作者：Cole, Michael J.
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作者：Oliverio, Melina T.
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作者：Bernick, Evan D.
作者单位：Georgetown University
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作者：Gardner, Brianna M.
作者单位：American University
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作者：Shaw, Todd W.
作者单位：Northwestern University
摘要：This Article considers whether the text of the Dodd-Frank Act protects internal whistleblowers from retaliation, and if not, whether it should. After the economic meltdown following the 2008 financial crisis, Congress extended protections to corporate whistleblowers by enacting Dodd-Frank. Since then, numerous lower federal courts have disagreed over whether Dodd-Frank's whistleblower protections apply to employees who report their employer's securities violations internally, but not to the Se...
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作者：Dolbow, Laura E.
摘要：Every year, Congress gives hundreds of specific directions to agencies through legislative history. Amidst debates about how agencies use legislative history as an interpretive tool to implement directives contained in statutory text, there is little analysis on how agencies respond to directives contained in the legislative history itself: How agencies respond to directives in legislative history, such as committee reports, provides important information about interactions between agencies an...
