BLAW 2301 Lecture Notes - Good Samaritan Law, Pan Am Flight 103, Rulemaking

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Why is a bill proposed: new issue, new worry, unpopular judicial ruling: legislators can pass new statues to modify or undo the court decision. Legislators have no power to undo the court decision based on the constitution: criminal law: legislators are trying to control the future. 2 types of agencies: congress creates agencies by enabling legislation: courts does not regulate industries, and we need agencies to regulate those, agencies exists at all levels: federal, state, and local. Executive federal agency: part of the executive branch: president can fire the agency head at any time. Independent federal agency: not part of the executive branch: president has no such removal power in independent federal agency. Agencies often have considerable power in their areas of specialty, sometimes leading to controversy. Rulemaking and investigation: rule making: there are 2 types of rules, legislative and interpretive. Informal rule making: notice and comment based rulemaking.

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