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 …

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 …

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 …

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.' …

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 …

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 …

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 …

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 …

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 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 …