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作者：Evans, Gregory
作者单位：American University
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作者：Raso, Connor
摘要：This Article analyzes when and why administrative agencies avoid rulemaking procedural requirements such as the Administrative Procedure Act's (APA's) notice-and-comment process. This Article's original empirical analysis shows that agencies invoke statutory exemptions to avoid such rulemaking procedures more frequently as the threat of a lawsuit challenging that avoidance declines. In situations with a low threat of suit, agencies have avoided rulemaking procedures for more than 90% of rules....
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作者：Pierce, Richard, Jr.
作者单位：George Washington University
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作者：Gubler, Zachary
作者单位：Arizona State University; Arizona State University-Tempe
摘要：Both theory and practice suggest that there are potentially significant gains associated with an experimental approach to lawmaking, that is to say, adopting laws on a pilot basis in order to generate empirical data that can be used to inform decisions about the optimal long-term policy. Yet, with few exceptions, those legislative entities that are best positioned to engage in experimentation administrative agencies rarely do so, probably at least in part because of interest group opposition. ...
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作者：Bull, Reeve
作者单位：Duke University
摘要：When justifying the government's role in intervening in the free market, economists and legal scholars alike point to the problem of market failures: laissez-faire capitalism may not produce optimal outcomes in certain cases, and government interventions can promote overall market efficiency. The existence of such market failures is not terribly controversial; the question whether government regulators can correctly identify these flaws and devise appropriate solutions, by contrast, is signifi...
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作者：Bull, Reeve
摘要：Of the various regulatory reform efforts advocated by legal scholars and politicians in recent years, perhaps none holds greater promise than retrospective review of agency regulations, whereby agencies revisit existing rules to determine whether they remain appropriate in light of changed circumstances. The Obama Administration has embraced the principles of retrospective review, issuing three executive orders on the subject, and it has trumpeted billions of dollars in economic savings result...
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作者：Deacon, Daniel
作者单位：Harvard University
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作者：Davis-Nozemack, Karie; Webber, Sarah
作者单位：University System of Georgia; Georgia Institute of Technology; University System of Ohio; University of Dayton
摘要：Legal literature on whistleblower programs often assumes an agency's ability to effectively use a whistleblower tip. This Article challenges that assumption in the context of tax enforcement by exposing the Internal Revenue Service's (IRS's or the Service's) performance. This Article uses Fourth Amendment jurisprudence and taxpayer privacy law, as well as whistleblower and tax enforcement literature to propose a new approach to using information from tax whistleblowers.
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作者：DePrimio, Sam
作者单位：American University
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作者：Li, Xingxing
作者单位：University of Chicago
摘要：Regulatory competition theorists predict that interagency regulatory competition one. form of regulatory competition-may generate benefits that outweigh costs. However, this Article presents a case study on how complexities arising from the institutional setting and strategic behavior of regulatory agencies may undermine meaningful competition. The subject of the study is the domestic regulation of inbound foreign investment in China. The study uncovers how and why agencies' self-expansion beh...
