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作者：Tran, An Thien
作者单位：American University
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作者：Moxley, Lauren
摘要：E-rulemaking-the use of digital technologies in forming regulations has democratized the highly technical, highly consequential regulatory process, breathing life into the two core democratic promises of the notice-and-comment process that for decades languished in crowded docket rooms in Washington. First, e-rulemaking has enhanced democracy in the participatory sense. By making rulemaking materials broadly available, e-rulemaking enables public participation on a scale that was unthinkable w...
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作者：Sunstein, Cass R.
摘要：Over the last two decades, lower courts have repeatedly held that agencies must use notice-and-comment procedures before they issue purported policy statements that are Practically binding, in the sense that thy are fixed and firm. As a matter of policy, this requirement has both desirable and undesirable consequences. It increases the likelihood that agencies will benefit from public comments, but it also creates a strong incentive for agencies to speak vaguely or not to issue policy statemen...
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作者：Coglianese, Cary; Walters, Daniel E.
作者单位：University of Pennsylvania; University of Pennsylvania
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作者：Tai, Laurence
作者单位：Harvard University
摘要：An essential challenge of the regulatory state is that industry exerts influence that pulls policy in its direction. Observers have long pointed to captured regulation that harms the public interest and called for limiting industry influence. The underlying ideal in these calls is uninfluenced regulation that mirrors the public's perspective. However, this aspiration neglects the public's benefit from the information that an industry generates as it influences regulation, as well as the incent...
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作者：West, Stephanie
作者单位：American University
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作者：Edwards, Martin
作者单位：Duke University
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作者：Lee, Yoon-Ho Alex
作者单位：University of Southern California
摘要：A long-standing view among legal scholars, political scientists, sociologists, and regulators posits that it is important for each regulatory agency to have a narrowly defined core mission and to focus on activities that are central to accomplishing it successfully. Although this view has no doctrinal foundation, rhetoric grounded on it crops up frequently in regulatory dialogues, especially in opposition to prospective agency regulations. The purpose of this Article is to formalize this core ...
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作者：Yackee, Jason Webb; Yackee, Susan Webb
作者单位：University of Wisconsin System; University of Wisconsin Madison; University of Wisconsin System; University of Wisconsin Madison; University of Wisconsin System; University of Wisconsin Madison
摘要：When Congress authorizes government agencies to regulate, do they? One of the key questions in the administrative law and political science literatures has been the extent to which Congress controls the agencies to whom it delegates enormous lawmaking power. However, few studies empirically examine agency responsiveness to congressional delegations. Using an original dataset that links federal statutes to rules produced by multiple federal government agencies over a forty year period, we provi...
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作者：Simon, Lindsey
摘要：Logic and equity would seem to demand that when administrative agencies are creditors to a bankrupt debtor, they should have the same status as other creditors. But a creditor agency retains its regulatory authority over the debtor, permitting it to continue with agency business such as conducting enforcement proceedings and awarding licenses. As a result, though bankruptcy law and policy both strongly support equal distribution of the estate, administrative agencies have been able to circumve...
