Over the last several decades, some scholars have argued that rulemaking by unelected agency officials imperils popular sovereignty and that federal law should resolve the apparent tension between regulatory practice and democratic principle by allowing the President to serve as a proxy for the will of the people in the administrative state. As an alternative to presidential proxy representation, this article argues that federal administrative law should seek to promote popular representation in agency rulemaking through fiduciary representation. Rather than focus on a representative's obedience to the ephemeral public will, fiduciary representation emphasizes agencies' responsibilities to act deliberatively and reasonably in promoting the public welfare. The President's fiduciary role ...
The Administrative Conference of the United States adopted four recommendations at its Fifty-fifth Plenary Session. The appended recommendations address incorporation by reference, international regulatory cooperation, the Federal Advisory Committee Act, and agency innovations in e-rulemaking.
... authority to delegate power to administrative agencies, and many of these agencies fall under th...When a legislature creates a government agency, it does so through the passage of an enabling sta...Agency Rulemaking. Most agencies that have regulatory power promulga...
..., suit, or proceeding," the INS is an agency of the United States and was a party to the procee... a "fully operative" and workable administrative mechanism without the one-House veto. Pp. 931-935...., some administrative agency action - rulemaking, for example - may resemble "lawmaking." See 5 U.S...
Constitutional Reforms In Administrative Practice A. Openness In Administrative Practice B. Executive Branch Reorganizationb. Executive Branch Reorganization 1. Statutory Implementation Of Reorganization 2. Developments Subsequent To Initial Reorganization II. Rulemaking Under The Administrative Procedure Act A. Conventional Rulemaking B. Emergency Rulemaking C. Fees D. Obstacles To Environmental Rulemaking E. Family Impact F. Legislative Veto 1. Legislative Oversight 2. Veto of Fees 3. Veto of Emergency Rules and Fees 4. Constitutional Suspension 5. Statutory Suspension 6. Legislative Fiscal Office Approval 7. Conclusions Regarding Legislative Veto III. Adjudication Under The APA A. Division of Administrative Law B. Judicial Review of Agency Decision Making 1. "Appeal" of Agency De...
.... The administrative structure of the patent system has been largely un... Unlike courts, agencies acting through rulemaking can gather and expertly analyze all of the relevan... to the structure and function of that agency, and to the role of the courts. The PTO would requ...
... that courts must reinforce administrative-law values like participation, transparency, and d...) applies by its terms only to "formal" rulemaking and adjudication--that is, proceedings that produc...
ARTICLE CONTENTS INTRODUCTION I. INSIDE THE AGENCY A. Agencies Are a "They," Not an "It" B. Allocatin..."Hard Look" Review 7. The Administrative Law of Emergencies B. Structure and Process 1. Age...Spillovers E. Agency Choice Between Rulemaking and Adjudication CONCLUSION INTRODUCTION . Perhaps...
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