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Full-Text Articles in Law
Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett
Looking More Closely At The Platypus Of Formal Rulemaking, Kent H. Barnett
Popular Media
Professor Kent Barnett argues that the oft-criticized formal rulemaking process has virtues in proper settings.
How The Supreme Court Derailed Formal Rulemaking, Kent H. Barnett
How The Supreme Court Derailed Formal Rulemaking, Kent H. Barnett
Scholarly Works
Based on archival research, this Essay explores the untold story of how the Supreme Court in the 1970s largely ended “formal” trial-like rulemaking by federal agencies in two railway cases. In the first, nearly forgotten decision, United States v. Allegheny-Ludlum Steel Corp., the Court held sua sponte that an agency was not required to use formal rulemaking, despite its significant historical provenance. That unpersuasive decision all but decided the second, better-known decision, United States v. Florida East Coast Railway, the following term. In response to both decisions, agencies abandoned formal rulemaking—one of only four broad categories of agency action—and policymakers …
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Scholarly Works
When Congress undertakes major financial reform, either it dictates the precise contours of the law itself or it delegates the bulk of the rulemaking to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rulemaking to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling and more vulnerable than statutes to judicial challenge.
This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine pieces of …
Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef
Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef
Georgia Journal of International & Comparative Law
No abstract provided.
Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq
Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq
Scholarly Works
The International Labour Organization (“ILO”) turns 100 years old in 2019, and is accordingly one of the oldest international organizations. Its mandate to promote decent work through standard-setting and norm supervision has been challenged by rapid changes in the world of work brought on by globalization, technological advancements, and an increasingly migratory workforce. These changes require the ILO to maintain a flexible system of norm creation and rulemaking that can adapt just as rapidly.
To ensure a flexible system, the ILO should be able to revise its instruments in a sufficiently responsive time. The ILO’s rule to amend its instruments, …