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作者：Wright, Jonathan
作者单位：American University
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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：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...
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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：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...
