作者：Bull, Reeve T.
作者单位：George Mason University; Duke University; University of Oklahoma System; University of Oklahoma - Norman
作者：Lee, Yoon-Ho Alex
作者单位：University of Southern California
摘要：Administrative agencies must often engage in rulemaking in the presence of substantial factual uncertainty, mixed empirical findings, and untested claims. Given these challenges, a recent D.C. Circuit case, Business Roundtable v. SEC, 647 E3d 1144 (D.C. Cir. 2011), is thought to have significantly raised the bar for rulemaking by independent agencies. Under the standard the court applied, many potentially efficient rules may not survive judicial review because agencies lack the hard data requi...
作者：Lawson, Gary; Kam, Stephen
作者单位：Boston University
作者：Howard-Nicolas, Diona
作者单位：American University; University of Pennsylvania
作者：Ardito, Alissa
作者单位：University of Virginia
作者：Marisam, Jason
作者单位：Mitchell Hamline School of Law
摘要：In the traditional administrative law paradigm, Congress chooses which agencies it wants to act and delegates policymaking authoriy to those agencies. The President can supervise the agencies but he cannot select different agencies to act. This Article offers a revision of this conventional understanding of agency selection. It shows that presidents continually select which agencies act by exercising a set of statutory and constitutional powers that the Article refers to as the President's age...
作者：Meyer, Michelle N.
作者单位：Harvard University; University of Virginia; Harvard University
作者：LoPresti, Tony
摘要：The environmental justice movement has long pursued a viable mechanism for federal enforcement of environmental civil rights. No legal tool has inspired such high hopes-and such deep disappointment-as Title VI of the Civil Rights Act of 1964. Without a private right of action to enforce Title VI, advocates have focused on filing administrative complaints with the Environmental Protection Agency (EPA). But, after twenty years of active enforcement and 247 complaints, the EPA has yet to issue a ...
