Unorthodox lawmaking, unorthodox rulemaking
AR Gluck, AJ O'Connell, R Po - Colum. L. Rev., 2015 - HeinOnline
Over a lifetime of work as a scholar who is unequalled in his simultaneous devotion to the
fields of administrative law and legislation, Peter Strauss's insistence that legal theory and …
fields of administrative law and legislation, Peter Strauss's insistence that legal theory and …
Federal agency guidance and the power to bind: an empirical study of agencies and industries
NR Parrillo - Yale J. on Reg., 2019 - HeinOnline
For individuals and firms regulated by federal agencies, actual regulations are just the
beginning of the story. Despite being voluminous and complex, regulations leave numerous …
beginning of the story. Despite being voluminous and complex, regulations leave numerous …
Soft law for hard problems: The governance of emerging technologies in an uncertain future
R Hagemann, J Huddleston Skees, A Thierer - Colo. Tech. LJ, 2018 - HeinOnline
Highly disruptive forms of technological change are upending multiple sectors of the modern
global economy as well as the laws and regulations that govern them.'These interconnected …
global economy as well as the laws and regulations that govern them.'These interconnected …
The President's Enforcement Power
K Andrias - NYUL Rev., 2013 - HeinOnline
The growth of the administrative state and the expansion of presidential power have been
central features of American political development since the early twentieth century.' …
central features of American political development since the early twentieth century.' …
The fourth amendment as administrative governance
D Renan - Stan. L. Rev., 2016 - HeinOnline
Fourth Amendment law is transactional: it focuses on the one-off interaction typified by the
singular investigatory search against a particular suspect for a specific crime. Yet …
singular investigatory search against a particular suspect for a specific crime. Yet …
Two cultures of punishment
J Kleinfeld - Stan. L. Rev., 2016 - HeinOnline
As American criminal punishment has become more severe and European more mild, the
two systems of punishment have come to represent different cultural possibilities for the …
two systems of punishment have come to represent different cultural possibilities for the …
Rulemaking and the guidance exemption
RM Levin - Administrative Law Review, 2018 - JSTOR
The Administrative Procedure Act imposes a general obligation on federal agencies to use
notice-and-comment procedures when they adopt rules, but it contains an exemption, § 553 …
notice-and-comment procedures when they adopt rules, but it contains an exemption, § 553 …
Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out
E Hammond, DL Markell - Harv. Envtl. L. Rev., 2013 - HeinOnline
Judicial review is considered a critical legitimizer of the administrative state. In fact, it is hard
to overstate the prominence that role takes-whether expressed by statute,'judicial opinion,'or …
to overstate the prominence that role takes-whether expressed by statute,'judicial opinion,'or …
Administrative law without congress
MS Greve, AC Parrish - Geo. Mason L. Rev., 2014 - HeinOnline
Administrative law has re-emerged as a subject of intense controversy. The chief justice of
the United States has wondered aloud whether the exist-ing corpus juris is sufficient to …
the United States has wondered aloud whether the exist-ing corpus juris is sufficient to …
The Claims of Official Reason: Administrative Guidance on Social Inclusion
B Emerson - Yale LJ, 2018 - HeinOnline
Under the Obama Administration, agencies issued guidance concerning sexual assault and
harassment on college campuses, transgender rights, the use of arrest and conviction …
harassment on college campuses, transgender rights, the use of arrest and conviction …