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...
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...
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...