LEB 320F Study Guide - Final Guide: Criminal Conversion, Oligopoly, Hobby Lobby
24 Oct 2017
School
Department
Course
Professor
Document Summary
116: when congress has chosen to regulate some activity but has said nothing about whether the states do or do not have power to pass related laws, a question of implied preemption may arise, direct conflict (pg. Ex: porn: defamation ex: slander or libel fighting words ex: your mom. no but seriously just like it sounds also false alarms like fire!!! These powers can be considered investigative in nature: ex: the power that the internal revenue service has to inquire about the legality of deductions on taxpayers" returns. In addition, agencies may issue a subpoenas duces tecum (an order producing books, papers, records, and documentation at the hearing). Rulemaking: the legislative esque activity of federal agencies is carried through the rulemaking function. There are two basic types: informal and formal. Informal rulemaking: follows a notice and comment pattern in which the agency will publish a notice of the rule in the federal register.
