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case to ALJs at the Federal Deposit Insurance Corporation and determined that they were employees.14 Unlike the STJs, the court rea- soned, these ALJs
51 If these examples and others like them are to be taken seriously, then the frequent statement that Congress can act only on the basis of its
These theories quite successfully dismantle the most abstract and starry-eyed versions of the Madisonian vision. But because their foil is a theory
bankruptcy. In that case, the former shareholders lose nothing—they have already sold their interest in the company. But the unsecured creditors have
differ in their strengths and weaknesses. From the principal’s perspective, bounded institutions are increasingly desirable to the extent that (a) there
debate about whether the practice of RUDs is good law and good policy. These perspectives are important in their own right, but they are informed by
after the APA’s enact- ment courts continued their pre-APA practice of vacating rules rather than “dis- regarding” them. These cases are a further
thesis of the book, one would expect they would be carefully defined. Indeed, offering a definition would seem to be the least that a theory of
offender.220 That is to say, victims are willing to “delegate” their revenge to the criminal prosecutor.221 If that is so, then perhaps there is no
legacy of Nuremberg. They therefore focused their attention on the crime’s symbolic value, not ground-level implementation.44 Delegations’ inadequate