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作者：Grossman, Lewis
作者单位：American University
摘要：This Essay traces the still-evolving view of consumers of products regulated by the Food and Drug Administration (FDA) as capable, rational, and rights-bearing decision makers. It also examines the corresponding diminution of FDA's role as a paternalistic gatekeeper working with medical and scientific experts to prevent products and manufacturer provided information about products from reaching the public. Compared with their 1960s counterparts, today's consumers of food and drugs have far gre...
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作者：Jacobs, Sharon
作者单位：University of Colorado System; University of Colorado Boulder
摘要：Fifty years ago, Alexander Bickel famously suggested that courts use tools like standing, ripeness, and the political question doctrine to avoid reaching the merits of difficult cases. Yet despite the increasingly central role of administrative agencies in government, there have been no darts to date to apply Bickel's insights to the bureaucracy. This Article remedies that deficit. The Article provides a three-part taxonomy of administrative restraint and offers case studies from federal agenc...
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作者：Vidovich, Jack
作者单位：American University
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作者：Sitaraman, Ganesh
作者单位：Vanderbilt University
摘要：For decades, courts and scholars have been engaged in a protracted and largely polarized debate over a seemingly simple question: how should courts address cases that implicate foreign affairs? On the one hand are those who seek expansive deference to the Executive's conduct of foreign affairs. On the other are those who argue that the courts must enforce the rule of law in foreign affairs cases lest they abdicate their responsibility to keep the Executive in check. This Article provides an al...
