-
作者：Simon, Lindsey
摘要：Logic and equity would seem to demand that when administrative agencies are creditors to a bankrupt debtor, they should have the same status as other creditors. But a creditor agency retains its regulatory authority over the debtor, permitting it to continue with agency business such as conducting enforcement proceedings and awarding licenses. As a result, though bankruptcy law and policy both strongly support equal distribution of the estate, administrative agencies have been able to circumve...
-
作者：Levin, Hillel Y.; Segal, Joshua M.; Stanford, Keisha N.
作者单位：University System of Georgia; University of Georgia
-
作者：Monast, Jonas J.
作者单位：University of North Carolina; University of North Carolina Chapel Hill
摘要：The U.S. Supreme Court's King v. Burwell decision upholding the provision of tax credits to individuals purchasing insurance on a federal insurance exchange may have long-standing impacts on administrative law. In particular, the Burwell decision invokes the major questions doctrine that states some issues are of such exceptional political and economic consequence that the courts will presume Congress did not intend to delegate the issue to agencies unless the statute is clear. In those circum...
-
作者：Elliott, Joseph Carlton
作者单位：American University
-
作者：Creech, Christopher T.
作者单位：American University
-
作者：Schwartz, Jeff; Nelson, Alexandrea
作者单位：Utah System of Higher Education; University of Utah; Utah System of Higher Education; University of Utah
摘要：The Securities and Exchange Commission (SEC) made headlines when, in its release announcing the final version of its controversial Conflict Minerals Rule, the agency estimated that the rule would cost industry $3 to $4 billion in the first year alone. These figures have been widely accepted and have anchored a heated debate about the rule's cost. This Article, however, proves that the estimate is baseless. The SEC engaged in a dense mathematical discussion of potential compliance expenses, but...
-
作者：Mathews, Jud
作者单位：Pennsylvania Commonwealth System of Higher Education (PCSHE); Pennsylvania State University; Pennsylvania State University - University Park
摘要：A persistent challenge for the American administrative state is reconciling the vast powers of unelected agencies with our commitment to government by the people. Many features of contemporary administrative law-from the right to participate in agency processes, to the reason-giving requirements on agencies, to the presidential review of rulemaking-have been justified, at least in part, as means to square the realities of agency power with our democratic commitments. At the root of any such ef...
-
作者：Sunstein, Cass R.
作者单位：Harvard University
摘要：In recent years, there has been a great deal of debate about the ethical questions associated with nudges, understood as approaches that steer people in certain directions while maintaining their freedom of choice. Evidence about people's views cannot resolve the ethical questions, but in democratic societies (and nondemocratic ones as well), those views will inevitably affect what public officials are willing to do. Existing evidence, including a nationally representative survy, supports six ...
-
作者：Evans, Gregory
作者单位：American University
-
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....
