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作者：Coglianese, Cary; Scheffler, Gabriel
作者单位：University of Pennsylvania; University of Pennsylvania; University of Pennsylvania; Yale University
摘要：Private standards play a central role in the governance of economic activity. They also figure significantly in many public regulations, with more than 17,000 references to private standards contained in the federal regulatory code. Nevertheless, private standards remain largely overlooked in law school curricula. One clear example is Industrial Union Department, AFL-CIO v. American Petroleum Institute (often referred to as the Benzene Case), a 1980 Supreme Court decision that is widely excerp...
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作者：Turk, Matthew C.; Woody, Karen E.
作者单位：Indiana University System; IU Kelley School of Business; Indiana University Bloomington
摘要：This Article analyzes a recent Supreme Court case, Lorenzo v. Securities and Exchange Commission, and explains why it provides a valuable window into the Court's future now that Justice Kennedy has retired and his seat filled by Justice Brett Kavanaugh. Lorenzo is an important case that raises fundamental interpretative questions about the reach of federal securities statutes. But most significant is its unique procedural posture: when the Supreme Court issues its decision on Lorenzo in 2019, ...
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作者：Smucker, K. Heidi
作者单位：American University
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作者：Bremer, Emily S.
作者单位：University of Notre Dame
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作者：Abreu, Alice G.; Greenstein, Richard K.
作者单位：Pennsylvania Commonwealth System of Higher Education (PCSHE); Temple University
摘要：Tax is different from other fields of law, just as any field of law is different from others. But tax scholarship, judicial opinions in tax litigation, and public attitudes toward taxation have long claimed more than difference in doctrinal details. They have claimed that tax is diffirent in kind from other fields of law-that it is unique. Some scholars have gone so far as to distinguish between the legal system and the tax system. Even though the Supreme Court seemed to kill tax exceptionalis...
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作者：Parrillo, Nicholas R.
作者单位：Yale University
摘要：When issuing binding regulations, agencies must follow procedural safeguards (including notice-and-comment) that allow the regulated industry and other stakeholders to participate in formulating agency policy. But regulations always leave gaps and ambiguities. Because of this, agencies also issue huge amounts of guidance, that is, statements to advise the public on how the agency is tentatively planning to exercise all the discretion that its regulations have left to it. Because guidance is no...
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作者：Chou, Matthew
作者单位：Yale University
摘要：Executive orders are an important tool of presidential power that often rely on agencies to interpret and implement them. Moreover, agency interpretations of executive orders often arise in court. But neither courts nor commentators have developed a well-reasoned interpretive methodology for agency interpretations of executive orders. Instead, relevant case law essentially has not developed since 1965, despite landmark shifts in administrative law marked by Chevron, Auer, and their progeny, Th...
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作者：Vagnoni, Matti Rose
作者单位：American University
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作者：Coglianese, Cary; Raschbaum, Caroline
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作者：Green, Philip
作者单位：American University
