Revisiting the Constitutionality of Independent Agencies
WEBJul 21, 2020 · The Court—with Chief Justice John Roberts writing for the majority— cited to great effect the CFPB’s single-headed agency structure, the director’s five-year term, and the CFPB’s financial independence and litigating authority as establishing a center of power controlled by one person. This structure, the Court explained, allowed the ...
The Social Responsibility of Social Media Platforms
WEBDec 21, 2021 · One in three people globally use social media platforms, such as Facebook, Twitter, and TikTok. These platforms act as breeding grounds for viral cartoon memes and trendy dance choreography, as well as widespread social movements and vibrant displays of activism.. But social media also has a dark side. Disinformation, hate speech, revenge pornography, harassment, terrorism activity, and sex ...
First Principles for Interpreting Regulation | The Regulatory Review
WEBFeb 11, 2013 · The distinctive legal characteristics of these regulations suggest two key principles for their interpretation. Principle 1: Interpret the regulation’s text in light of the regulation’s statement of basis and purpose (often referred to as the regulation’s “preamble”). Except in special circumstances, the Administrative Procedure Act ...
Forty Years After Surface Freight Deregulation
WEBDec 14, 2020 · After 1980, the actual results of surface freight deregulation exceeded economists’ expectations. Between 1981 and 1996, real rail revenue per ton-mile fell by nearly 50 percent. At least one-third of this rate reduction can be attributed to the Staggers Act. Deregulated rates saved shippers up to $7 billion annually in 1987.
The Problem with Delegation - The Regulatory Review
WEBDec 2, 2015 · A A. Legal scholar argues that delegation poses a threat to the separation of powers. Congress often delegates legislative power to the executive branch, giving regulatory agencies like the U.S. Environmental Protection Agency or the Department of Homeland Security broad discretion in carrying out …
Deregulation, Reagan-Style - The Regulatory Review
WEBMar 13, 2019 · This bipartisan movement succeeded in federal deregulation of certain industries, including, for example, the prices and schedules of commercial airlines, even while tolerating social regulation, especially when it was aimed at reducing broad social harms. The momentum generated in the late 1970s carried over into the Reagan Administration ...
How Agencies Should Use Waivers and Exemptions
WEBMar 9, 2018 · The recommendations are divided into three parts. The first deals with the scope of an agency’s authority by suggesting that agencies ensure that waivers and exemptions have congressional blessing and are not necessitated by vague regulations or statutes. The second part states that agencies should …
A Case for Mandatory Voting - The Regulatory Review
WEBJul 7, 2021 · Mandatory voting would widen the electorate, widening the political spectrum that candidates must represent. The working group suggests that candidates could begin to reject polarizing views and avoid “divisive rhetoric and vilifying particular groups.”. With citizens compelled to vote—perhaps in a less volatile political climate—the ...
General Rules for Agency Adjudications? | The Regulatory Review
WEBOct 29, 2018 · In 1993, a working group commissioned by ACUS issued the Model Adjudication Rules to govern the proceedings in any “trial-type” agency adjudication—not just formal ones—“that offers an opportunity for an oral, fact-finding hearing.”. Numerous agencies have used the Rules to design new, or revise existing, adjudicative programs.
Regulating Backyard Breeders - The Regulatory Review
WEBMar 12, 2020 · Milot reasons that directing resources to backyard breeders rather than to rescue groups and shelters, whose owners are motivated to comply with regulations, would expose criminal breeders. Milot explains that noncompliant breeders, many of whom breed fight dogs and guard dogs, would self-identify by refusing free sterilization.
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