Add to ORKGOn February 1, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided National Lifeline Ass’n v. FCC. In National Lifeline Ass’n, the D.C. Circuit Court held that, by adopting changes to a tribal telecommunications subsidy that contradicted prior policy rationale after only a two-week comment period, the agency both: (1) acted in an arbitrary and capricious manner, and (2) violated procedural requirements of the Administrative Procedure Act (APA). National Lifeline Ass’n represented a matter of first impression among the federal circuit courts and established a minimum comment period of thirty days for informal agency rulemaking. This Comment argues that the D.C. Circuit Court’s substantive holding aligned with prior c...
In 2012, the Government Accountability Office surprised many administrative law specialists by repor...
This article, prepared for The George Washington Law Review’s Symposium “The FTC at 100,” addresses ...
In 2017, Congress passed major tax legislation at warp speed. After enactment, it fell to the Treasu...
On February 1, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided National...
The cornerstone of informal rulemaking is the notice and comment procedure. Through this simple, and...
When the U.S. Congress enacted the Administrative Procedure Act (APA) in 1946 one of its most innova...
As technology improves, public participation in the notice-and-comment rulemaking process becomes mo...
The modem process for making administrative policy-the informal, notice-and-comment rulemaking proce...
The rationale for and the utility of the procedures that an administrative agency must follow in ord...
The 1961 Revised Model State Administrative Procedure Act and most state administrative procedure ac...
The U.S. Supreme Court has rarely invoked the “major questions” doctrine to invalidate agency regula...
Agencies, courts, and academics agree that notice-and-comment rulemaking is not a referendum. But th...
Federal agencies engage in a wide range of non-binding action, issuing guidance documents such as po...
The notice and comment rulemaking process is a fundamental part of how agencies write regulations. W...
The Administrative Procedure Act of 1946 (APA) is a “super-statute,” creating a robust, enduring gov...
In 2012, the Government Accountability Office surprised many administrative law specialists by repor...
This article, prepared for The George Washington Law Review’s Symposium “The FTC at 100,” addresses ...
In 2017, Congress passed major tax legislation at warp speed. After enactment, it fell to the Treasu...
On February 1, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided National...
The cornerstone of informal rulemaking is the notice and comment procedure. Through this simple, and...
When the U.S. Congress enacted the Administrative Procedure Act (APA) in 1946 one of its most innova...
As technology improves, public participation in the notice-and-comment rulemaking process becomes mo...
The modem process for making administrative policy-the informal, notice-and-comment rulemaking proce...
The rationale for and the utility of the procedures that an administrative agency must follow in ord...
The 1961 Revised Model State Administrative Procedure Act and most state administrative procedure ac...
The U.S. Supreme Court has rarely invoked the “major questions” doctrine to invalidate agency regula...
Agencies, courts, and academics agree that notice-and-comment rulemaking is not a referendum. But th...
Federal agencies engage in a wide range of non-binding action, issuing guidance documents such as po...
The notice and comment rulemaking process is a fundamental part of how agencies write regulations. W...
The Administrative Procedure Act of 1946 (APA) is a “super-statute,” creating a robust, enduring gov...
In 2012, the Government Accountability Office surprised many administrative law specialists by repor...
This article, prepared for The George Washington Law Review’s Symposium “The FTC at 100,” addresses ...
In 2017, Congress passed major tax legislation at warp speed. After enactment, it fell to the Treasu...