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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：Purce, James
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作者：Oliverio, Melina T.
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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...
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作者：West, E. Garrett
作者单位：Yale University
摘要：A chorus of Chevron-skeptics has emerged in the past few years among right-leaning legal thinkers. These skeptics couch their opposition to the thirty year-old precedent in Marbury's conception of judicial duty, often referring to it as a counter-Marbury for the administrative state. Yet this distrust of Chevron sits uneasily with broader conservative jurisprudence, especially as it has developed since the Reagan years. Early proponents of Chevron justified it as a suitable mode of judicial re...
