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作者：MacMahon, Paul
作者单位：University of London; London School Economics & Political Science
摘要：We are told we have entered a post-truth age characterized by alternative facts. This Article explores the potential for legal culture to serve as a resource for countering this troubling development in political culture. It does so by identing and exploring the phenomenon of soft adjudication: the practice of making formal, but non-binding, findings about past events. Soft adjudication is in some ways similar to ordinary adjudication. Like courts, soft adjudicators pass judgment on an event; ...
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作者：Heinz, Jon
作者单位：American University
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作者：Summs, Jacqueline Hayley
作者单位：American University
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作者：Leske, Kevin O.
作者单位：Barry University
摘要：After the untimely passing of Justice Antonin Scalia, many legal scholars wrote about the long-lasting impact that he will have on Article III standing Second Amendment gun rights, and other important areas of federal law. But one important part of his legal legacy remained unfinished and unnoticed by the academic communig. Starting in 2011, Justice Scalia began to express his frustration with a bedrock administrative law deference doctrine that he had uncritically accepted in the past. His wo...
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作者：Candeub, Adam
作者单位：Michigan State University
摘要：This Article analyzes the Internet's central legal. issue, the so-called network neutrality question, which came to a head with the unparalleled public participation in the FCC's landmark Open Internet Order adopted in February 2015. For the first time, the FCC will expand its regulatory ambit to the Internet beyond the last mile, the link that consumers use to connect to their backbone service provider, such as Comcast or Verizon. Further, the FCC will rely upon an adjudicatory regime that ma...
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作者：Coglianese, Cary
作者单位：University of Pennsylvania; University of Pennsylvania
摘要：The heads of administrative agencies exercise authority delegated directly to them through legislation. To what extent, then, may presidents lawfully direct these agency heads to carry out presidential priorities? A prevailing view in administrative law holds that, although presidents may seek to shape and oversee the work of agency officials, they cannot make decisions for those officials. Yet this approach of imposing a decisional limit on presidential control of the administrative state in ...
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作者：Varona, Anthony
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作者：Chen, Ming H.
作者单位：University of Colorado System; University of Colorado Boulder
摘要：This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actio...
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作者：Tutt, Andrew
摘要：The rise of increasingly complex algorithms calls for critical thought about how best to prevent, deter, and compensate for the harms that they cause. This Article argues that the criminal law and tort regulatory systems will prove no match for the difficult regulatory puzzles algorithms pose. Algorithmic regulation will require federal uniformity, expert judgment, political independence, and pre-market review to prevent without stifling innovation the introduction of unacceptably dangerous al...
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作者：Kwon, Michelle M.
作者单位：University of Tennessee System; University of Tennessee Knoxville
摘要：Despite the chorus of critics who seek to rein in a perceived runaway regulatory state, the backlash against excessive tax regulation has been minimal. In fact, taxpayers and their advisors typically want more regulatory guidance, not less. Treasury regulations are the most authoritative form of administrative guidance for the Internal Revenue Code (IRS). Yet over the years, commentators have noted an ever-expanding backlog of regulatory projects at the IRS. This Article contends that a bottle...
