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作者:de Figueiredo, John M.; Stiglitz, Edward H.
作者单位:Duke University; Duke University; Stanford University; National Bureau of Economic Research; Cornell University
摘要:Presidents often attach statements to the bills they sign into law, purporting to celebrate, construe, or object to provisions in the statute. Though long a feature of U.S. lawmaking, the President has avowedly attempted to use these signing statements as tools of strategic influence over judicial decisionmaking since the 1980s-as a way of creating presidential legislative history to supplement and, at times, supplant the traditional congressional legislative history conventionally used by the...
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作者:Goldstein, Matthew D.
作者单位:American University
摘要:Minorig individuals are disproportionately charged and convicted of crimes in this country. Making matters worse is the fact that many housing providers use criminal history housing applications that disparately impact minoriy housing applicants. In 2016, after the US. Supreme Court held in 2015 that disparate impact liabiliy was cognizable under the Fair Housing Act, the Department of Housing and Urban Development (HUD) issued legal guidance to address how disparate impact liabiliy specifical...
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作者:Morris, Charles J.
作者单位:Southern Methodist University
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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: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...