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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: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:Mathews, Jud
作者单位:Pennsylvania Commonwealth System of Higher Education (PCSHE); Pennsylvania State University; Pennsylvania State University - University Park
摘要:A persistent challenge for the American administrative state is reconciling the vast powers of unelected agencies with our commitment to government by the people. Many features of contemporary administrative law-from the right to participate in agency processes, to the reason-giving requirements on agencies, to the presidential review of rulemaking-have been justified, at least in part, as means to square the realities of agency power with our democratic commitments. At the root of any such ef...