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Mangling the Major Questions Doctrine
N Brunstein, RL Revesz - Admin. L. Rev., 2022 - HeinOnline
Supreme Court famously stated that" Chevron deference is premised on the theory that a
statute's ambiguity constitutes an implicit delegation from Congress to the agency to fill in the …
statute's ambiguity constitutes an implicit delegation from Congress to the agency to fill in the …
Deconstructing independent agencies (and executive agencies)
K Datla, RL Revesz - Cornell L. Rev., 2012 - HeinOnline
Regulatory commissions were invented during the Progressive Era and designed to bring
expertise-driven decision making to the administrative state. The commissions were …
expertise-driven decision making to the administrative state. The commissions were …
Agency choice of policymaking form
ME Magill - U. chi. L. rev., 2004 - HeinOnline
An administrative agency delegated some task-protect the environment, assure the integrity
of the securities markets, improve auto safety-might carry out that obligation by adopting a …
of the securities markets, improve auto safety-might carry out that obligation by adopting a …
Governing corporate compliance
MH Baer - BCL Rev., 2009 - HeinOnline
In light of the financial meltdown of 2008, it is reasonable to question whether the prior
decade's emphasis on corporate compliance-the internal programs that corporations adopt …
decade's emphasis on corporate compliance-the internal programs that corporations adopt …
Administrative constitutionalism
GE Metzger - Tex. L. Rev., 2012 - HeinOnline
The US Food and Drug Administration adopts a rule requiring tobacco companies to include
graphic images warning of the health risks associated with smoking, defending the rule at …
graphic images warning of the health risks associated with smoking, defending the rule at …
Information acquisition and institutional design
MC Stephenson - Harv. L. Rev., 2010 - HeinOnline
Although good information is critical to effective decisionmaking, public agents' private
incentives to invest in gathering information may not align with the social interest in their …
incentives to invest in gathering information may not align with the social interest in their …
State enforcement of federal law
MH Lemos - NYUL Rev., 2011 - HeinOnline
The law in books is different from the law in action. 1 Enforce-ment determines the distance
between the two. Studies show that only a fraction of people with litigable grievances sue. 2 …
between the two. Studies show that only a fraction of people with litigable grievances sue. 2 …
For-profit public enforcement
MH Lemos, M Minzner - Harv. L. Rev., 2013 - HeinOnline
Or do they? Contrary to the conventional wisdom on the division between public and private
enforcement, this Article argues that public enforcers often seek large monetary awards for …
enforcement, this Article argues that public enforcers often seek large monetary awards for …
Agencies as adversaries
DA Farber, AJ O'Connell - California Law Review, 2017 - JSTOR
Conflict between agencies and outsiders—whether private stakeholders, state governments,
or Congress—is the primary focus of administrative law. But battles also rage within the …
or Congress—is the primary focus of administrative law. But battles also rage within the …
[SÁCH][B] Sourcebook of United States executive agencies
Chairman's Foreword to the Second Edition f all the Administrative Conference's many
publications, none has assumed as prominent a role as the first edition of the Sourcebook of …
publications, none has assumed as prominent a role as the first edition of the Sourcebook of …