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2000

Administrative Law

Boston College Law Review

Articles 1 - 2 of 2

Full-Text Articles in Law

Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt Dec 2000

Another Reason To Reform The Federal Regulatory System: Agencies' Treating Nonlegislative Rules As Binding Law, James Hunnicutt

Boston College Law Review

This Note analyzes the nonlegislative rule exception to the rulemaking requirements of the administrative Procedure Act ("APA'). To lend greater accountability to federal agencies, the APA places an obligation on agencies to incorporate public input when creating new rules. Agencies, however; can avoid considering public commentary through a vague exception: section 553(b)(A) of the APA. After analyzing section 553(b)(A), this. Note evaluates how one agency, the Food and Drug Administration, has responded to the confusion surrounding the exception. Finally, this Note considers how the Senate has overlooked problems associated with section 553(b)(A) in the ...


Plain Ambiguities In The Clear Articulation Requirement For State Action Antitrust Immunity: The Case Of State Agencies, C Douglas Floyd Sep 2000

Plain Ambiguities In The Clear Articulation Requirement For State Action Antitrust Immunity: The Case Of State Agencies, C Douglas Floyd

Boston College Law Review

This Article focuses on the application of the state action antitrust inimunity doctrine of Parker v. Brown to the regulatory programs of state administrative agencies having statewide jurisdiction. It concludes that state agencies should be subject to significantly different requirements for antitrust immunity than are local governmental units. This Article also addresses unresolved issues that frequently recur in the context of state administrative action, such as the effect of retroactive intetpretations of state policy by a state agency, whether the clear articulation and active supervision requirements for antitrust immunity play any separate role in the context of administrative policy making ...