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Full-Text Articles in Law

Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter Jan 2017

Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter

American University Business Law Review

No abstract provided.


Agency Publicity In The Internet Era, Nathan Cortez Jan 2015

Agency Publicity In The Internet Era, Nathan Cortez

Faculty Journal Articles and Book Chapters

This Report, prepared for the Administrative Conference of the United States (ACUS), details how federal agencies use modern forms of publicity - including press releases, agency web sites, searchable online databases, and social media - to achieve regulatory ends. It evaluates the benefits and burdens of modern agency publicity practices, using three agencies as case studies: the Food and Drug Administration (FDA); the Federal Trade Commission (FTC); and the Consumer Financial Protection Bureau (CFPB). Part V recommends a series of largely procedural reforms that balance the need for public disclosure with the need to protect those potentially injured by adverse …


Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett Nov 2014

Improving Agencies’ Preemption Expertise With Chevmore Codification, Kent H. Barnett

Scholarly Works

After nearly thirty years, the judicially crafted Chevron and Skidmore judicial-review doctrines have found new life as exotic, yet familiar, legislative tools. When Chevron deference applies, courts employ two steps: they consider whether the statutory provision at issue is ambiguous, and, if so, they defer to an administering agency’s reasonable interpretation. Skidmore deference, in contrast, is a less deferential regime in which courts assume interpretative primacy over statutory ambiguities but defer to agency action based on four factors — the agency’s thoroughness, reasoning, consistency, and overall persuasiveness. In the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress directed courts …


To The Victor Goes The Toil -- Remedies For Regulated Parties In Separation-Of-Powers Litigation, Kent H. Barnett Jan 2014

To The Victor Goes The Toil -- Remedies For Regulated Parties In Separation-Of-Powers Litigation, Kent H. Barnett

Scholarly Works

The U.S. Constitution imposes three key limits on the design of federal agencies. It constrains how agency officers are appointed, the extent of their independence from the President, and the range of issues that they can decide. Scholars have trumpeted the importance of these safeguards with soaring rhetoric. And the Supreme Court has permitted regulated parties to vindicate these safeguards through implied private rights of action under the Constitution. Regulated parties, for their part, have been successfully challenging agency structure with increased frequency. At the same time, regulated parties, courts, and scholars have largely ignored the practical question of “structural …


America’S First Consumer Financial Watchdog Is On A Leash: Can The Cfpb Use Its Authority To Declare Payday-Loan Practices Unfair, Abusive, And Deceptive?, Creola Johnson Jan 2012

America’S First Consumer Financial Watchdog Is On A Leash: Can The Cfpb Use Its Authority To Declare Payday-Loan Practices Unfair, Abusive, And Deceptive?, Creola Johnson

Catholic University Law Review

No abstract provided.