TITLE

RETROACTIVE RULEMAKING

AUTHOR(S)
Weien, Geoffrey C.
PUB. DATE
March 2007
SOURCE
Harvard Journal of Law & Public Policy;Spring2007, Vol. 30 Issue 2, p749
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article states that although the U.S. Supreme Court has remained active in clarifying the statutory presumption of anti-retroactivity of laws, it appears that courts of appeals have not analyzed retroactivity challenges consistently. The author suggests that for retroactivity doctrine to be clarified, courts should explicitly state a rule that agencies may not remove or impair vested rights in rulemaking or adjudication absent congressional authority.
ACCESSION #
25144624

 

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