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- Title
SENDING A MESSAGE TO THE OTHER BRANCHES: WHY THE SECOND AND THIRD CIRCUITS PROPERLY USED THE APA TO RULE ON FLEETING EXPLETIVES AND HOW THE NEW FCC CAN UNDO THE DAMAGE.
- Authors
Vanderlaan, Albert W.
- Abstract
The article examines the U.S. Court of Appeals of the Second and Third Circuits' use of section 706 of the U.S. Administrative Procedure Act (APA) to rule on Federal Communications Commission's (FCC) treatment of fleeting expletives. It describes the decision of the FCC to change its precedent regarding fleeting expletives as a prime example of an independent regulatory agency pushing its constitutional boundaries. It determines how the Congress spawned the change in policy by pushing the conservative policy agenda of the former President George Bush administration on the agency. The holdings of the Second and Third Circuit cases is also discussed.
- Subjects
UNITED States; ADMINISTRATIVE procedure; ADMINISTRATIVE courts; ACTIONS &; defenses (Administrative law); GOVERNMENT agencies; BUSH, George W. (George Walker), 1946-; UNITED States. Court of Appeals (3rd Circuit); UNITED States. Court of Appeals (2nd Circuit); UNITED States. Federal Communications Commission
- Publication
Vermont Law Review, 2009, Vol 34, Issue 2, p447
- ISSN
0145-2908
- Publication type
Article