Administrative Law Review

最新文章

• FIGHTING FOR THE RIGHT TO TRY: TESTING THE DC CIRCUIT'S REASONING IN ABIGAIL ALLIANCE IN LIGHT OF OBERGEFELL AI翻译
  作者：Gardner, Brianna M.
  作者单位：American University
• WHEN TEXT AND POLICY CONFLICT: INTERNAL WHISTLEBLOWING UNDER THE SHADOW OF DODD-FRANK AI翻译
  作者：Shaw, Todd W.
  作者单位：Northwestern University
  摘要：This Article considers whether the text of the Dodd-Frank Act protects internal whistleblowers from retaliation, and if not, whether it should. After the economic meltdown following the 2008 financial crisis, Congress extended protections to corporate whistleblowers by enacting Dodd-Frank. Since then, numerous lower federal courts have disagreed over whether Dodd-Frank's whistleblower protections apply to employees who report their employer's securities violations internally, but not to the Se...
• AGENCY ADHERENCE TO LEGISLATIVE HISTORY AI翻译
  作者：Dolbow, Laura E.
  摘要：Every year, Congress gives hundreds of specific directions to agencies through legislative history. Amidst debates about how agencies use legislative history as an interpretive tool to implement directives contained in statutory text, there is little analysis on how agencies respond to directives contained in the legislative history itself: How agencies respond to directives in legislative history, such as committee reports, provides important information about interactions between agencies an...
• FAKE LEFT, FAKE RIGHT: PROMOTING AN INFORMED PUBLIC IN THE ERA OF ALTERNATIVE FACTS AI翻译
  作者：Emanuelson, Eric, Jr.
• A YOUNGSTOWN FOR THE ADMINISTRATIVE STATE AI翻译
  作者：West, E. Garrett
  作者单位：Yale University
  摘要：A chorus of Chevron-skeptics has emerged in the past few years among right-leaning legal thinkers. These skeptics couch their opposition to the thirty year-old precedent in Marbury's conception of judicial duty, often referring to it as a counter-Marbury for the administrative state. Yet this distrust of Chevron sits uneasily with broader conservative jurisprudence, especially as it has developed since the Reagan years. Early proponents of Chevron justified it as a suitable mode of judicial re...
• SIGNING STATEMENTS AND PRESIDENTIALIZING LEGISLATIVE HISTORY AI翻译
  作者：de Figueiredo, John M.; Stiglitz, Edward H.
  作者单位：Duke University; Duke University; Stanford University; National Bureau of Economic Research; Cornell University
  摘要：Presidents often attach statements to the bills they sign into law, purporting to celebrate, construe, or object to provisions in the statute. Though long a feature of U.S. lawmaking, the President has avowedly attempted to use these signing statements as tools of strategic influence over judicial decisionmaking since the 1980s-as a way of creating presidential legislative history to supplement and, at times, supplant the traditional congressional legislative history conventionally used by the...
• IMPROVING THE ADMINISTRATIVE PROCESS: A REPORT TO THE PRESIDENT-ELECT OF THE UNITED STATES (2016) AMERICAN BAR ASSOCIATION SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE AI翻译
• MONEY, POLITICS, AND THE CRIPPLING OF THE FEC: A SYMPOSIUM ON THE FEDERAL ELECTION COMMISSION'S ARGUABLE INABILITY TO EFFECTIVELY REGULATE MONEY IN AMERICAN ELECTIONS AI翻译
  作者：Potter, Trevor
• BLOW THE WHISTLE! HOW BRINGING WHISTLEBLOWER REWARDS TO ANTITRUST WOULD HELP CARTEL ENFORCEMENT AI翻译
  作者：Wright, Jonathan
  作者单位：American University
• HUD'S 2016 LEGAL GUIDANCE: AN ADMINISTRATIVE DILEMMA AI翻译
  作者：Goldstein, Matthew D.
  作者单位：American University
  摘要：Minorig individuals are disproportionately charged and convicted of crimes in this country. Making matters worse is the fact that many housing providers use criminal history housing applications that disparately impact minoriy housing applicants. In 2016, after the US. Supreme Court held in 2015 that disparate impact liabiliy was cognizable under the Fair Housing Act, the Department of Housing and Urban Development (HUD) issued legal guidance to address how disparate impact liabiliy specifical...