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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：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：Monast, Jonas J.
作者单位：University of North Carolina; University of North Carolina Chapel Hill
摘要：The U.S. Supreme Court's King v. Burwell decision upholding the provision of tax credits to individuals purchasing insurance on a federal insurance exchange may have long-standing impacts on administrative law. In particular, the Burwell decision invokes the major questions doctrine that states some issues are of such exceptional political and economic consequence that the courts will presume Congress did not intend to delegate the issue to agencies unless the statute is clear. In those circum...
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作者：Creech, Christopher T.
作者单位：American University
