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Administrative Law

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2018

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Cleaning Out The Statutory Junk, David Schoenbrod Jul 2018

Cleaning Out The Statutory Junk, David Schoenbrod

Articles & Chapters

“Statutory junk” is my term for the mishmash of statutory commands to administrative agencies that have accumulated over the decades and now are having unintended consequences. Enforceable in a court of law, even a few words of statutory junk can thwart a statutory purpose or impose unnecessary burdens on the public. Unfortunately, Congress typically fails to protect us from the statutory junk. I propose a series of solutions to make Legislators discard legislative trash.