Administrative Law Review

最新文章

• FAIL TO COMMENT AT YOUR OWN RISK: DOES ISSUE EXHAUSTION HAVE A PLACE IN JUDICIAL REVIEW OF RULES? AI翻译
  作者：Lubbers, Jeffrey S.
  作者单位：American University
• PUSH IT TO THE (CONSTITUTIONAL) LIMIT: STRENGTHENING THE NATIONAL SECURITY AGENCY'S SECTION 702 SURVEILLANCE PROGRAM AI翻译
  作者：Purce, James
• AGENCIES, COURTS, FIRST PRINCIPLES, AND THE RULE OF LAW AI翻译
  作者：Aagaard, Todd S.
  作者单位：Villanova University
  摘要：An inherent tension exists between the roles of agencies and courts in administrative enforcement cases. Those cases are initiated by agencies to enforce the statutes and regulations they administer but are then subject to judicial review by courts. Agencies tend to focus on creating and then implementing administrative enforcement systems that produce consistent results pursuant to the agency's bureaucratic processes and informed by the agency's expertise. In reviewing such decisions, by cont...
• WHITHER INNOVATION?: WHY OPEN SYSTEMS ARCHITECTURE MAY DELIVER ON THE FALSE PROMISE OF PUBLIC-PRIVATE PARTNERSHIPS AI翻译
  作者：Schoeni, Lieutenant Colonel Daniel E.
  作者单位：United States Department of Defense; United States Air Force; University of Nottingham
  摘要：In several strategy documents, the Department of Defense has suggested that it may experiment with public private partnerships (P3s) as catalysts for innovation. This policy is misguided. P3s may prove especially disappointing if they are merely a neologism for a continuation of the same old policies that facilitate sole-source contracts whose lifecycles span decades. Open systems architecture, by contrast, has the potential to disrupt the defense industry and to facilitate the sort of competi...
• STATUTORY RULEMAKING CONSIDERATIONS AND JUDICIAL REVIEW OF REGULATORY IMPACT ANALYSIS AI翻译
  作者：Bull, Reeve T.; Ellig, Jerry
  作者单位：George Washington University; George Mason University
• MAKING SENSE OF ISSUE EXHAUSTION IN RULEMAKING AI翻译
  作者：Levin, Ronald M.
  作者单位：Washington University (WUSTL)
  摘要：When reviewing the validity of a rule, should a court consider issues that were not presented to the agency during the underlying rulemaking proceeding? In 2015, the Administrative Conference of the United States explored this question, drawing upon a consultant's report prepared by Professor jeffrey Lubbers, but did not reach a consensus on how to answer it. This essay, written to accompany the publication of the Lubbers report, proposes some answers. The thrust of the analysis is that judici...
• RULEMAKING AND THE GUIDANCE EXEMPTION AI翻译
  作者：Levin, Ronald M.
  作者单位：Washington University (WUSTL)
  摘要：The Administrative Procedure Act imposes a general obligation on federal agencies to use notice-and-comment procedures when they adopt rules, but it contains an exemption, & sect; 553 (b)(A), for two kinds of rules that lack the force of law-interpretative rules and ,general statements of policy. Questions pertaining to the application of this exemption may constitute the single most frequently litigated and important issue of rulemaking procedure in the federal courts today. This article unde...
• INTERPRETING THE CONGRESSIONAL REVIEW ACT: WHY THE COURTS SHOULD ASSERT JUDICIAL REVIEW, NARROWLY CONSTRUE SUBSTANTIALLY THE SAME, AND DECLINE TO DEFER TO AGENCIES UNDER CHEVRON AI翻译
  作者：Cole, Michael J.
• THE ROLE OF THE EXECUTIVE IN RULEMAKING: AN EXPLORATION OF EXECUTIVE ACTION IN UNITED STATES IMMIGRATION LAW AI翻译
  作者：Oliverio, Melina T.
• ENVISIONING ADMINISTRATIVE PROCEDURE ACT ORIGINALISM AI翻译
  作者：Bernick, Evan D.
  作者单位：Georgetown University