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....
作者：Mead, Joseph; Fromherz, Nicholas
作者单位：University System of Ohio; Cleveland State University; University System of Ohio; Cleveland State University
摘要：For more than one hundred years, Congress has experimented with review of agency action by single judge district courts, multiple-judge district courts, and direct review by circuit courts. This tinkering has not given way to a stable design. Rather than settling on a uniform scheme or at least a scheme with a discernible organizing principle Congress has left litigants with a jurisdictional maze that varies unpredictably across and within statutes and agencies. In this Article, we offer a fre...
