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作者：Coglianese, Cary
作者单位：University of Pennsylvania; University of Pennsylvania
摘要：The heads of administrative agencies exercise authority delegated directly to them through legislation. To what extent, then, may presidents lawfully direct these agency heads to carry out presidential priorities? A prevailing view in administrative law holds that, although presidents may seek to shape and oversee the work of agency officials, they cannot make decisions for those officials. Yet this approach of imposing a decisional limit on presidential control of the administrative state in ...
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作者：Varona, Anthony
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作者：Chen, Ming H.
作者单位：University of Colorado System; University of Colorado Boulder
摘要：This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actio...
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作者：Tutt, Andrew
摘要：The rise of increasingly complex algorithms calls for critical thought about how best to prevent, deter, and compensate for the harms that they cause. This Article argues that the criminal law and tort regulatory systems will prove no match for the difficult regulatory puzzles algorithms pose. Algorithmic regulation will require federal uniformity, expert judgment, political independence, and pre-market review to prevent without stifling innovation the introduction of unacceptably dangerous al...
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作者：Kwon, Michelle M.
作者单位：University of Tennessee System; University of Tennessee Knoxville
摘要：Despite the chorus of critics who seek to rein in a perceived runaway regulatory state, the backlash against excessive tax regulation has been minimal. In fact, taxpayers and their advisors typically want more regulatory guidance, not less. Treasury regulations are the most authoritative form of administrative guidance for the Internal Revenue Code (IRS). Yet over the years, commentators have noted an ever-expanding backlog of regulatory projects at the IRS. This Article contends that a bottle...
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作者：Cohen, Priyanka
作者单位：American University
摘要：The jumpstart Our Business Startups (JOBS) Act opened a closed, financial market to average Americans. The JOBS Act permits entrepreneurs to seek business funding from unsophisticated investors by selling them a portion of their company. As the landscape of small business.funding shifts from institutional and expert investors to unsophisticated investors under the new act, the U.S. Securities and Exchange Commission (SEC) has attempted to keep pace. Yet a closer look at how crowdfunding has de...
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作者：Winslow, Jessica
作者单位：American University
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作者：Bull, Reeve; Ellig, Jerry
作者单位：George Mason University
摘要：Regulatory agencies often produce mediocre economic analysis to inform their decisions about major regulations. For this reason, Congress is considering proposals that would require regulatory agencies to conduct regulatory impact analysis and subject it to judicial review. For judicial review to work, judges must be able to verify agency compliance with quality standards even if they are not experts in the subject matter the agencies deal with. This Article demonstrates that courts could effe...
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作者：Walker, Christopher J.
作者单位：University System of Ohio; Ohio State University
摘要：Despite dramatic changes in the modern regulatory state over the last seven decades, Westlaw reports that Congress has only amended the Administrative Procedure Act sixteen times since its enactment in 1946. The current political climate may present an ideal opportunity for much-needed bipartisan legislative action. This Essay introduces the American Bar Association's 2016 consensus-driven recommendations to reform the Administrative Procedure Act and then concludes that the Portman-Heitkamp R...
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作者：Richardson, Nathan
作者单位：University of South Carolina System; University of South Carolina Columbia
摘要：Climate policy in the United States is near an inflection point. With Congress uninterested in new legislation, focus at the federal level for most of the last decade has been on the Clean Air Act, but whether regulation under that old statute can successfitlly address carbon emissions remains unclear. Under President Obama, the EPA has focused on two core programs-vehicle emissions standards and the Clean Power Plan, aimed at fossil fuel power plants. But with the latter of these programs und...
