4期

最新文章

• THE CONSUMER PROTECTION BUREAU AND THE CONSTITUTION AI翻译
  作者：Gupta, Deepak
  作者单位：Georgetown University
• GO BIG OR GO HOME: THE CONSTITUTIONALITY OF RECESS APPOINTMENTS FOLLOWING PRO FORMA SESSIONS OF THE SENATE AI翻译
  作者：Doerfler, Ryan D.
  作者单位：Harvard University; Harvard University
  摘要：In Noel Canning v. NLRB, the D.C. Circuit held that the recess appointment power, which permits the President to fill up all Vacancies that may happen during the Recess of the Senate, extends only to vacancies that arise during the recess between official sessions of the Senate. This Article advances two principal theses. The first is that the restrictions on the recess appointment power articulated in Noel Canning are compelled by the constitutional text. The second is that those restrictions...
• AN OPTIONS APPROACH TO AGENCY RULEMAKING AI翻译
  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...
• THE PRESIDENT'S AGENCY SELECTION POWERS AI翻译
  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...
• REALIZING THE PROMISE OF ENVIRONMENTAL CIVIL RIGHTS: THE RENEWED EFFORT TO ENFORCE TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AI翻译
  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 ...
• THE RECORD OR THE WHOLE RECORD?: A RECOMMENDATION FOR THE SOCIAL SECURITY ADMINISTRATION REGARDING THE INTRODUCTION OF NEW EVIDENCE IN REVIEW OF DISABILITY CLAIMS AI翻译
  作者：McGlew-Castaneda, Joseph
  作者单位：American University