-
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,...
-
作者:Weaver, Holly L.
-
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...
-
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...
-
作者:Gardner, Brianna M.
作者单位:American University