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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

[SÁCH][B] Sourcebook of United States executive agencies

JL Selin, DE Lewis - 2018 - books.google.com
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 …