respond to two peers below

peer 1 I picked an article on the Administrative Procedures Act (APA) mentioned in our textbook (p.183, 2022)

Issue

Over the last 70 years, since the inception of the APA, the government's authority has increased its scope exponentially with costs of regulations reaching between $1.75 and $2 trillion yearly ("DOJ Issues 'Rich Menu of Options' for Congress to Revise the Administrative Procedure Act," 2021). According to a report put out by the U.S. Department of Justice Office of the Deputy Attorney General this equates to the entire tax revenue collected by the Federal Government in 2018 (U.S. Department of Justice, 2019). Bottom line up front - there must be a more efficient process.

Rule(s):

All the rules and regulations contained within 5 USC 551 (United States Environmental Protection Agency, 2020).

Application/Analysis:

There lies a requirement to 'Mandate a more flexible rulemaking process' ("DOJ Issues 'Rich Menu of Options' for Congress to Revise the Administrative Procedure Act," 2021), allow the DOJ to exercise judicial review over any agency issuing any form of binding or non-binding guidance and to ensure that all requirements of the Congressional Review Act are enforceable. At the end of the Modernizing the Administrative Procedure Act document it was determined that not all participants or contributors could agree on a specific solution.

References

DOJ Issues "Rich Menu of Options" for Congress to Revise the Administrative Procedure Act.

peer 2

The Supreme Court's decision last Term in Epic Systems Corp. v. Lewis (2018)is a vivid illustration of the declining power of workers in the U.S. political system." (Harvard Law Review, 2018) This was a case presented in 2018 of use of class actionwaivers in employment contracts. Epic Systems Software company mandated that employees sign anaberration clause andwavier of class action writes intheir contract to gainemployment. They court ruled in favor of Epic Systems and FederalArbitrationAct and thatthey takeprecedence overthe National Labor Relations Act (NLRA). "The APA has been amended a number of times by the Freedom of Information Act, the Federal Privacy Act, and the Government in the Sunshine Act, among others." (Jennings, pg185) Ibelieve this subtle hint in the book can be apivotal point,because in the Harvard Law they express their revulsiontowards Justice Gorsuch, and power he is allowing businesses to posses overtheiremployees.

I as well havemutual feelingwith how Harvard viewed this case as aprecedent like this can be cited for thegeneration to come, and without thehelp of NLRA and other similar agencies, employment rights can continue to dwindle in favor of the employer. Allowing business to process a power like this, or in this case a silencing tactic, will continue to promote unethical business practices.

Epic Systems Corp. v. Lewis. Harvard Law Review. (2018, November 9). Retrieved March 26, 2023, from https://harvardlawreview.org/2018/11/epic-systems-corp-v-lewis/

Answer rating: 100% (QA)

Response to Peer 1 Your analysis of the issue surrounding the Administrative Procedures Act APA and the governments increased scope of authority is we... View the full answer