Download or read book Midnight Rulemaking written by and published by . This book was released on 2016 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Midnight Rulemaking written by Curtis W. Copeland and published by . This book was released on 2008 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of every recent presidential administration involving a change in the party controlling the White House, the level of rulemaking activity by federal agencies tends to increase. On May 9, 2008, White House Chief of Staff Joshua B. Bolten issued a memorandum to the heads of executive departments and agencies stating that "regulations to be finalized in this Administration should be proposed no later than June 1, 2008, and final regulations should be issued no later than November 1, 2008." Despite this directive, federal agencies appear to be issuing an increasing number of "midnight rules" at the end of the Bush Administration, including a number of rules attracting controversy. One approach that previous Presidents have used to control rulemaking at the start of their administrations has been the imposition of a moratorium on new regulations by executive departments and independent agencies, accompanied by a requirement that the departments and agencies postpone the effective dates of certain rules. However, for rules that have already been published in the Federal Register, the only way for the departments or agencies to eliminate or change the rules is by going back through the rulemaking process. Although the Administrative Procedure Act permits agencies to shorten the rulemaking process for "good cause," an agency's use of this exception is subject to judicial review. The Congressional Review Act permits the use of expedited procedures, primarily in the Senate, to disapprove agencies' final rules. The CRA requires that agencies submit all final rules to Congress before they take effect. If Congress adjourns its annual session sine die less than 60 "legislative days" in the House of Representatives or 60 "session days" in the Senate after a rule is submitted to it, then the rule is carried over to the next session of Congress and subject to possible disapproval during that session. Although only one rule has been disapproved using CRA procedures since the legislation was enacted in 1996, Congress has frequently added provisions to agency appropriations bills to prohibit the finalization of particular proposed rules, prohibit the development of particular regulations, restrict the implementation or enforcement of certain rules, and put conditions on the development or implementation of particular rules. Unlike CRA disapprovals, however, these provisions do not eliminate the regulations from the Code of Federal Regulations, and do not prevent the agency from issuing the same or similar regulation. Legislation introduced late in the 110th Congress (H.R. 7296) would generally prevent any "midnight rule" (i.e., a rule published in the last 90 days that a President serves in office) from taking effect for 90 days after an agency head is appointed by a new President, and would allow a new agency head to disapprove a midnight rule within 90 days after being appointed. This report will be updated when additional information becomes available.

Download or read book Midnight Rulemaking written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Midnight Rulemaking written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Susan Dudley, the current administrator of the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB), wrote in 2001 (while a senior research fellow at the Mercatus Center) that the sharp increase in regulatory output at the end of the Clinton Administration was "not an anomaly," and that "sudden bursts of regulatory activity at the end of a presidential a [...] As a result, the new President would be unable to do what was done via the Card memorandum-direct federal agencies to extend the effective dates of any rules that had been published during the final days of the Bush Administration, but had not taken effect-since the rules would have already taken effect by the time the next President takes office. [...] To preclude further action on a rule, the agency may wish to publish a notice in the Federal Register announcing its withdrawal of the rule.31 Once a final rule has been published in the Federal Register, the only way for an agency to change or undo the rule is by going back through the federal rulemaking process.32 Under informal rulemaking procedures established by the Administrative Procedure A [...] Interim final rulemaking can be viewed as another particular application of the good cause exception in the APA, but with the addition of a comment period after the rule has become effective.35 The legislative history of the APA makes it clear that Congress did not believe that the act's good cause exception to the notice and comment requirements should be an "escape clause."36 A federal agency's [...] After having reviewed the totality of circumstances, the courts can and sometimes do determine that an agency's reliance on the good cause exception was not authorized under the APA.37 The case law has generally reinforced the view that the good cause exception should be "narrowly construed."38 That said, GAO reported that about half of the 4,658 final rules published in 1997 were not preceded by.

Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.

Download or read book Midnight Rulemaking written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-13 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Midnight rulemaking : shedding some light : hearing before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Eleventh Congress, first session, February 4, 2009.

Download or read book Midnight Rulemaking written by United States House of Representatives and published by . This book was released on 2019-10-29 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Midnight rulemaking: shedding some light

Download or read book Responses to Midnight Rulemaking written by Sheffner and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Presidential Transitions Midnight Rulemaking IN11539 written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Midnight Rulemaking Shedding Some Light Serial No 111 2 February 4 2009 111 1 Hearing written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2009* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Midnight Rules written by Maeve P. Carey and published by . This book was released on 2016 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Midnight Rulemaking written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Reining in the Imperial Presidency written by United States. Congress. House. Committee on the Judiciary. Majority Staff and published by DIANE Publishing. This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents the various abuses that occurred during the Bush Admin. relating to the House Judiciary Committee¿s review and jurisdiction, and to develop a comprehensive set of recommendations to prevent the recurrence of these or similar abuses in the future. Contents: Preface: ¿Deconstructing the Imperial Presidency,¿ which describes and critiques the key war power memos that gave rise to the concept of broad-based, unreviewable, and secret presidential powers in time of war. Also describes specific abuses of the Imperial Presidency relating to Judiciary Comm. inquiries. Includes a comprehensive set of 47 policy recommendations designed to respond to the abuses and excesses of the Bush Imperial Presidency.

Download or read book Administrative Law written by Ronald A. Cass and published by Aspen Publishing. This book was released on 2024-02-08 with total page 1447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law: Cases and Materials is the product of a longstanding collaboration by a distinguished group of authors, each with extensive experience in the teaching, scholarship, and practice of administrative law. The Ninth Edition preserves the book’s distinctive features of functional organization and extensive use of case studies, with no sacrifice in doctrinal comprehensiveness or currency. By organizing over half of the book under the generic administrative functions of policymaking, adjudication, enforcement, and licensing, the book illuminates the common features of diverse administrative practices and the interconnection of otherwise disparate doctrines. Scattered throughout the book, case studies present leading judicial decisions in their political, legal, institutional, and technical context, thereby providing the reader with a much fuller sense of the reality of administrative practice and the important policy implications of seemingly technical legal doctrines. At the same time, the Ninth Edition fully captures the headline-grabbing nature of federal administrative practice in today’s politically divided world. New to the 9th Edition: Extensive coverage of the Major Questions Doctrine and the decline of Chevron Expanded coverage of presidential policy initiatives including Executive Orders on immigration and Student Loan Debt Forgiveness. Updated coverage of standing to secure judicial review and the timing of judicial review especially when a party challenges an agency’s structure as unconstitutional. Updated coverage of the agency deliberation exception to the Freedom of Information Act. A new focus on issues concerning the propriety of agency adjudication and the denial of the right to a jury in private rights disputes. Professors and students will benefit from: The “case study” approach illuminates the background policy and organizational context of many leading cases. The functional organization of materials in Part Two enables instructors to show how doctrinal issues are shaped by functional context. The theoretical material presented at the beginning of the book provides a useful template for probing issues throughout the course. The book is designed to be easily adaptable for use as an advanced course and in schools that have a first-year Legislation and Regulation course, especially with enhanced coverage of recurring issues that arise in agency adjudications. The units are organized so that many class sessions can focus on a single leading case, reducing the problem of “factual overload” that characterizes many administrative law courses. The case study approach helps students understand the context within which doctrinal issues arise and the way in which those issues affect important matters of public policy. The organization of Part Two conveys a deeper understanding of the characteristic functions performed by administrative agencies.

Download or read book Transitions written by Austin Sarat and published by University of Alabama Press. This book was released on 2012-06 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitions: Legal Change, Legal Meanings illustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society. Together the essays in this volume investigate the transformation of US law during moments of political change and explore what we can learn about law by examining its role and its use in times of transition. Whether by an abrupt shift in regime or an orderly progression from one government to the next, political change often calls into question the stability and versatility of the law, making it appear temporarily absent or in suspension. What challenges to the law arise at these times? To what extent do transitional periods foster ingenuity and resourcefulness, and how might they precipitate crises in legal authority? What do moments of legal change mean for law itself and how legal institutions bring about and respond to times of transition in legal arrangements? Transitions begins the scholarly exploration of these questions that have largely been neglected. Contributors Akhil Reed Amar / William L. Andreen / Jack M. Beermann / Heather Elliott / Joshua Alexander Geltzer / David Gray / Paul Horwitz / Daniel H. Joyner / Nina Mendelson / Meredith Render / Austin Sarat / Ruti Teitel / Lindsey Ohlsson Worth

Download or read book Federal Register written by and published by . This book was released on 2012-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Administrative Law and Regulatory Policy written by Stephen G. Breyer and published by Aspen Publishing. This book was released on 2022-02-25 with total page 1430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority) Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives