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Author: Larkin, Jr. (Paul J.) Publisher: ISBN: Category : Languages : en Pages : 66
Book Description
The Congressional Review Act of 1996 (CRA) is Congress's most recent effort to trim the excesses of the modern administrative state. The act does so by creating a fast-track procedure that enables Congress to set aside any new rule it finds unwise before the rule can go into effect. The act directs federal agencies to submit to Congress and the Comptroller General a copy of every new rule so that the latter can examine it and the former can quickly schedule a vote on a joint resolution to disapprove it. The expedited process allows the Senate and House of Representatives to pass a joint resolution of disapproval that is presented to the president for his signature or veto. If the president signs the resolution or Congress overrides his veto, the rule becomes null and void, thereby preventing whatever harm that Congress believed that the rule would inflict. The CRA raises a number of novel legal issues. This Article will address the ones that are most important today. Part I summarizes the background to the CRA and why Congress adopted that law. Part II then explains how the CRA works and what effect it has on agency rulemaking. Part III reviews the length and breadth of the CRA by discussing the meaning of the critical term “rule” and the retroactive reach of the act. Part IV analyzes the act's judicial review provision. That Part maintains that Congress has precluded judicial review of any action taken by Congress or the president under the CRA, but not of an agency's compliance with that law. In fact, Part IV concludes that Congress could not preclude review of such a claim without violating the Fifth Amendment Due Process Clause. Part V offers -- and responds to -- the argument that the CRA is unlikely to allow Congress to do much more than eliminate rules that agencies adopt in the twilight of an outgoing administration. The Article concludes in Part VI by saying that the CRA should be helpful in corralling agency excesses, but new legislation could achieve that result more effectively and efficiently.
Author: Larkin, Jr. (Paul J.) Publisher: ISBN: Category : Languages : en Pages : 66
Book Description
The Congressional Review Act of 1996 (CRA) is Congress's most recent effort to trim the excesses of the modern administrative state. The act does so by creating a fast-track procedure that enables Congress to set aside any new rule it finds unwise before the rule can go into effect. The act directs federal agencies to submit to Congress and the Comptroller General a copy of every new rule so that the latter can examine it and the former can quickly schedule a vote on a joint resolution to disapprove it. The expedited process allows the Senate and House of Representatives to pass a joint resolution of disapproval that is presented to the president for his signature or veto. If the president signs the resolution or Congress overrides his veto, the rule becomes null and void, thereby preventing whatever harm that Congress believed that the rule would inflict. The CRA raises a number of novel legal issues. This Article will address the ones that are most important today. Part I summarizes the background to the CRA and why Congress adopted that law. Part II then explains how the CRA works and what effect it has on agency rulemaking. Part III reviews the length and breadth of the CRA by discussing the meaning of the critical term “rule” and the retroactive reach of the act. Part IV analyzes the act's judicial review provision. That Part maintains that Congress has precluded judicial review of any action taken by Congress or the president under the CRA, but not of an agency's compliance with that law. In fact, Part IV concludes that Congress could not preclude review of such a claim without violating the Fifth Amendment Due Process Clause. Part V offers -- and responds to -- the argument that the CRA is unlikely to allow Congress to do much more than eliminate rules that agencies adopt in the twilight of an outgoing administration. The Article concludes in Part VI by saying that the CRA should be helpful in corralling agency excesses, but new legislation could achieve that result more effectively and efficiently.
Author: Katherine R. Williamson Publisher: ISBN: Category : Law Languages : en Pages : 134
Book Description
This year marks the 10th anniversary of the Congressional Review Act (CRA). Congressional oversight of rulemaking using the CRA can be an important and useful tool for monitoring the regulatory process and balancing and accommodating the concerns of American citizens and businesses with the effects of federal agencies' rules. This statement provides an overview of the purpose and provisions of CRA; GAO's role and activities in fulfilling its responsibilities under the Act; and trends on CRA within the broader context of developments in presidential and congressional oversight of federal agencies' rulemaking.
Author: James I. Wallner Publisher: Rowman & Littlefield ISBN: 1498589332 Category : Political Science Languages : en Pages : 249
Book Description
The first edition of The Death of Deliberation revealed how the Senate legislates in a contentious environment. Yet it has been unable to legislate in recent years. Since 2013, the Senate has become more dysfunctional and gridlock has increased. The 115th Congress was one of the least productive two-year stretches in the Senate’s history. This second edition of The Death of Deliberation accounts for this dramatic turn of events.
Author: Richard N. L. Andrews Publisher: Yale University Press ISBN: 0300222912 Category : Environmental management Languages : en Pages : 532
Book Description
In the third edition of this definitive book, Richard N. L. Andrews looks back at four centuries of American environmental policy, showing how these policies affect contemporary environmental issues and public policy decisions, and identifying key policy challenges for the future. Andrews crafts a detailed and contextualized narrative of the historical development of American environmental policies and institutions. This volume presents an extensively revised text, with increased detail on the fifty-year history of the modern environmental policy era and is updated through the Obama and Trump administrations.
Author: Nathaniel Frank Publisher: Harvard University Press ISBN: 0674737229 Category : History Languages : en Pages : 457
Book Description
Some of the most divisive contests shaping the quest for marriage equality occurred not on the culture-war front lines but within the ranks of LGBTQ advocates. Nathaniel Frank tells the dramatic story of how an idea that once seemed unfathomable—and for many gays and lesbians undesirable—became a legal and moral right in just half a century.
Author: Natalia Sanmartin Fenollera Publisher: Simon and Schuster ISBN: 1476734259 Category : Fiction Languages : en Pages : 272
Book Description
In this #1 international bestseller, a young woman leaves everything behind to work as a librarian in a remote French village, where she finds her outlook on life and love challenged in every way. Prudencia Prim is a young woman of intelligence and achievement, with a deep knowledge of literature and several letters after her name. But when she accepts the post of private librarian in the village of San Ireneo de Arnois, she is unprepared for what she encounters there. Her employer, a book-loving intellectual, is dashing yet contrarian, always ready with a critique of her cherished Jane Austen and Louisa May Alcott. The neighbors, too, are capable of charm and eccentricity in equal measure, determined as they are to preserve their singular little community from the modern world outside. Prudencia hoped for friendship in San Ireneo but she didn't suspect that she might find love—nor that the course of her new life would run quite so rocky or would offer challenge and heartache as well as joy, discovery, and fireside debate. Set against a backdrop of steaming cups of tea, freshly baked cakes, and lovely company, The Awakening of Miss Prim is a distinctive and delightfully entertaining tale of literature, philosophy, and the search for happiness.
Author: Lee C. Bollinger Publisher: ISBN: 0190841370 Category : Law Languages : en Pages : 377
Book Description
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Author: Larkin, Jr. (Paul J.)
Author: Larkin, Jr. (Paul J.)
Author: Katherine R. Williamson
Author: Julie A. Parks
Author: United States. Congress. House
Author: Bernard Schwartz
Author: James I. Wallner
Author: Richard N. L. Andrews
Author: Nathaniel Frank
Author: Natalia Sanmartin Fenollera
Author: Lee C. Bollinger