Administrative Law Review

最新文章

• PRIMARY JURISDICTION: ANOTHER VICTIM OF REALITY AI翻译
  作者：Pierce, Richard J., Jr.
  作者单位：George Washington University
• FREEING THE CAPTIVES: HOW CAPTIVE-AUDIENCE MEETINGS UNDER THE NLRB CAN BE CONTROLLED AI翻译
  作者：Morris, Charles J.
  作者单位：Southern Methodist University
• DESIGNING EXECUTIVE AGENCIES FOR CONGRESSIONAL INFLUENCE AI翻译
  作者：Feinstein, Brian D.
  作者单位：University of Chicago
  摘要：Those seeking to restore Congress's place as a co-equal branch should consider the architecture of the administrative state. Despite increased scholarly attention concerning both the design of executive agencies and Congress's role in governance, the impact of institutional features on executive agencies' susceptibiliy to congressional attention is largely unknown. Leveraging original data on committee oversight hearings, this Article explores the connections between various agency design feat...
• STAYING AGENCY RULES: CONSTITUTIONAL STRUCTURE AND RULE OF LAW IN THE ADMINISTRATIVE STATE AI翻译
  作者：Cass, Ronald A.
  作者单位：Boston University
  摘要：Today, administrative rules are far more numerous than the laws enacted by Congress, cover far more pages in the relevant legal codes, account for far more regulatory commands, and have profound effects on American economy and society. Although administrative rules can provide substantial public ben fit, legal constraints on the scope of administrative authoriy and on the processes by which it is employed provide critical protections. Courts, when asked, can review the legality of these rules;...
• ULTRA VIRES? THE THREAT OF ZIKA AI翻译
  作者：Mccaskey, Daniel
  作者单位：American University
• SOFT ADJUDICATION AI翻译
  作者：MacMahon, Paul
  作者单位：University of London; London School Economics & Political Science
  摘要：We are told we have entered a post-truth age characterized by alternative facts. This Article explores the potential for legal culture to serve as a resource for countering this troubling development in political culture. It does so by identing and exploring the phenomenon of soft adjudication: the practice of making formal, but non-binding, findings about past events. Soft adjudication is in some ways similar to ordinary adjudication. Like courts, soft adjudicators pass judgment on an event; ...
• REDUCING DEFENSE CONTRACT WASTE: THE INADEQUACY OF DEFENSE CONTRACT AUDIT PRACTICES IN PREVENTING AND RECOVERING SYSTEMIC DEFENSE CONTRACTOR WASTE AI翻译
  作者：Heinz, Jon
  作者单位：American University
• GRAPPLING WITH INMATES' ACCESS TO JUSTICE: THE NARROWING OF THE EXHAUSTION REQUIREMENT IN ROSS V-BLAKE AI翻译
  作者：Summs, Jacqueline Hayley
  作者单位：American University
• A ROCK UNTURNED: JUSTICE SCALIA'S (UNFINISHED) CRUSADE AGAINST THE SEMINOLE ROCK DEFERENCE DOCTRINE AI翻译
  作者：Leske, Kevin O.
  作者单位：Barry University
  摘要：After the untimely passing of Justice Antonin Scalia, many legal scholars wrote about the long-lasting impact that he will have on Article III standing Second Amendment gun rights, and other important areas of federal law. But one important part of his legal legacy remained unfinished and unnoticed by the academic communig. Starting in 2011, Justice Scalia began to express his frustration with a bedrock administrative law deference doctrine that he had uncritically accepted in the past. His wo...
• NETWORKS, NEUTRALITY & DISCRIMINATION AI翻译
  作者：Candeub, Adam
  作者单位：Michigan State University
  摘要：This Article analyzes the Internet's central legal. issue, the so-called network neutrality question, which came to a head with the unparalleled public participation in the FCC's landmark Open Internet Order adopted in February 2015. For the first time, the FCC will expand its regulatory ambit to the Internet beyond the last mile, the link that consumers use to connect to their backbone service provider, such as Comcast or Verizon. Further, the FCC will rely upon an adjudicatory regime that ma...