The Regulatory Review
WEBThe Biden Administration announces a final rule increasing mental health care availability, the FCC issues a proposed rule to protect consumers from excessive robocalls, and more…
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 ...
Land Reform Is America’s Long Lost Regulatory Frontier
WEBJun 15, 2021 · In 2008, the national average price of land hit a record high of $2,140 per acre, threatening a land price bubble waiting to burst. U.S. real estate values have steadily increased up to $3,160 per acre in 2019 from $1,610 per acre in 2005. Similarly, U.S. cropland has increased to $4,100 per acre in 2019 from $2,060 per acre in 2005.
The Future of Administrative Law Judge Selection
WEBOct 29, 2019 · The final ACUS recommendation contains four elements. First, it encourages agencies to publicize their ALJ openings on the government-wide employment website, their own websites, and websites that will reach a diverse range of candidates. Second, the ACUS recommendation encourages agencies to …
Regulating Cost-Benefit Analysis | The Regulatory Review
WEBAug 27, 2018 · Cost-benefit analysis is conventionally framed as a method for assessing economic efficiency—net benefits to society as a whole. The language in the executive orders extends this framing to encompass analysis of distribution—the allocation of these net benefits across members of society. The inclusion of “equity” also means that 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 ...
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 ...
Interpretive Rules in Practice | The Regulatory Review
WEBOct 30, 2019 · A new ACUS recommendation on interpretive rules largely aligns with a prior one on policy statements. At its June 2019 plenary session, the Administrative Conference of the United States (ACUS) adopted Recommendation 2019-1, “Agency Guidance Through Interpretive Rules.”. The recommendation offers key suggestions for agency practices to ...
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 …
Regulating by Reference - The Regulatory Review
WEBJul 2, 2013 · The Regulatory Review features an examination of “incorporation by reference” by legal experts on regulation and administrative law. Most people think that regulation comes from government: Congress makes law and the President and executive branch implement it. Of course, when authorized …
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