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作者:Cohen, Priyanka
作者单位:American University
摘要:The jumpstart Our Business Startups (JOBS) Act opened a closed, financial market to average Americans. The JOBS Act permits entrepreneurs to seek business funding from unsophisticated investors by selling them a portion of their company. As the landscape of small business.funding shifts from institutional and expert investors to unsophisticated investors under the new act, the U.S. Securities and Exchange Commission (SEC) has attempted to keep pace. Yet a closer look at how crowdfunding has de...
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作者:Winslow, Jessica
作者单位:American University
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作者:Bull, Reeve; Ellig, Jerry
作者单位:George Mason University
摘要:Regulatory agencies often produce mediocre economic analysis to inform their decisions about major regulations. For this reason, Congress is considering proposals that would require regulatory agencies to conduct regulatory impact analysis and subject it to judicial review. For judicial review to work, judges must be able to verify agency compliance with quality standards even if they are not experts in the subject matter the agencies deal with. This Article demonstrates that courts could effe...
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作者:Walker, Christopher J.
作者单位:University System of Ohio; Ohio State University
摘要:Despite dramatic changes in the modern regulatory state over the last seven decades, Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen times since its enactment in 1946. The current political climate may present an ideal opportunity for much-needed bipartisan legislative action. This Essay introduces the American Bar Association's 2016 consensus-driven recommendations to reform the Administrative Procedure Act and then concludes that the Portman-Heitkamp R...
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作者:Richardson, Nathan
作者单位:University of South Carolina System; University of South Carolina Columbia
摘要:Climate policy in the United States is near an inflection point. With Congress uninterested in new legislation, focus at the federal level for most of the last decade has been on the Clean Air Act, but whether regulation under that old statute can successfitlly address carbon emissions remains unclear. Under President Obama, the EPA has focused on two core programs-vehicle emissions standards and the Clean Power Plan, aimed at fossil fuel power plants. But with the latter of these programs und...
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作者:Komesar, Neil; Wagner, Wendy
作者单位:University of Wisconsin System; University of Wisconsin Madison; University of Texas System; University of Texas Dallas
摘要:This Essay offers a bottom-up analysis ofjudicial review in the administrative state that focuses on the dynamics of participation. A bottom-up perspective supplements the more conventional top-down analysis of agencies and the courts by drawing attention to the important role that different constellations of participants play in the functioning of the system. This pattern of participation helps determine the behavior of the political and administrative processes. It also helps determine the b...