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 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 ...
Expanding Presidential Influence on Agency Adjudication
WEBJul 23, 2021 · Recent Supreme Court cases highlight three distinct points of entry for political influence over agency adjudicators. First, the political appointment of administrative law judges (ALJs) favors adjudicators whose views align with those of the President. Second, the elimination of for-cause removal protections …
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 ...
Unsettled Consequences of the McGirt Decision
WEBApr 1, 2021 · The U.S. Supreme Court issued its opinion in McGirt v.Oklahoma last July. The Court ruled that the Muscogee (Creek) Reservation was established by an 1833 treaty between the Muscogee (Creek) Nation and the United States. Although a subsequent 1866 treaty slightly modified the boundaries of the reservation, the reservation was never disestablished.. The facts of McGirt are limited to one ...
Reflecting on a Decade of The Regulatory Review
WEBOct 7, 2020 · Jessica Bassett, Editor-in-Chief, 2014–2015. Without question, being part of The Regulatory Review was the highlight of my law school experience.. Working on The Regulatory Review not only improved my writing, but it also provided a forum to explore any area of regulation desired.The Regulatory Review introduced me to important issues that I would not have known about otherwise—my favorite ...
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 ...
Regulation’s Four Core Components | The Regulatory Review
WEBSep 17, 2012 · These core regulatory components—regulator, target, command, and consequences—affect the incentives and flexibility that a regulation provides. Regulated businesses will have maximal flexibility when the regulator is the industry itself. Yet even when the regulator is the government, choices made about variables such …
Immigrant Eligibility for Federal Benefits Programs
WEBMar 16, 2024 · As a presidential candidate in 1991, Bill Clinton promised to “end welfare as we know it.” Five years later, in 1996, President Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act into law.. The 1996 welfare reform law overhauled the federal social safety net. Welfare experts often focus on the creation of the Temporary Assistance for Needy Families (TANF ...