作者:Brenner, Daniel
作者单位:University of Southern California
作者:Dorell, Virginia Knapp
作者单位:American University
作者:Sharpe, Jamelle C.
作者单位:University of Illinois System; University of Illinois Chicago; University of Illinois Chicago Hospital
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...
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