Tournament: Umich | Round: 6 | Opponent: Wayzata CC | Judge: Sharon Kahn
Text -~-- The Director of the Department of State should issue and publish in the Code of Federal Regulations a policy memorandum that relevant United States entities should should substantially increase its Automatic Exchange of Information and Trade Transparency Units with Mexico.
Competes -~-- policy statements do not make law -~-- they’re legally distinct from the plan because they’re only position-taking
Koch 5 (Charles H. Jr., Professor of Law – William and Mary School of Law, “Policymaking by the Administrative Judiciary”, Alabama Law Review, Spring, 56 Ala. L. Rev. 693, Lexis)
n110 E.g., Consol Edison Co of New York v. FERC,
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. . Policy statements are binding on neither the public, nor the agency
The practical effect is identical to binding law -~-- memo sends a signal of the plan and agencies will comply
Hunnicutt 99 (James, JD – Boston College Law School, “Another Reason to Reform the Federal Regulatory System: Agencies' Treating Nonlegislative Rules as Binding Law”, Boston College Law Review, December, 41 B.C. L. Rev 153, Lexis)
Rules created without process--interpretative rules, general statements of policy, rules of
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the rule in court and have given up on the appeals process. 156
CP’s process violates the Administrative Procedure Act (APA) and undermines administrative law -~-- perm doesn’t solve because it acts in accordance with legislation
Anthony 92 (Robert A., Foundation Professor of Law – George Mason University School of Law, “Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like -- Should Federal Agencies Use Them To Bind The Public?”, Duke Law Journal, June, 41 Duke L.J. 1311, Lexis)
With one exception, the answer to the question in the title is "
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use of nonlegislative policy documents is the capital problem addressed by this Article.
Spills over
Kalen 8 (Sam, Visiting Assistant Professor – Penn State University, “The Transformation of Modern Administrative Law: Changing Administrations and Environmental Guidance Documents”, Ecology Law Quarterly, 35 Ecology L.Q. 657, Lexis)
Early in the opinion, Judge Randolph foreshadowed the tenor of the court's decision
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without publication in the Federal Register or the Code of Federal Regulations. 85
It’s unique -~-- nonlegislative guidance is limited now
Raso 10 (Connor R., JD – Yale Law School and Ph.D. in Political Science – Stanford University, “Strategic or Sincere? Analyzing Agency Use of Guidance Documents”, The Yale Law Journal, January, 119 Yale L.J. 782, Lexis)
This Note first outlines how the law distinguishes between legislative rules and guidance documents.
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burden of providing empirical support before assuming that agencies commonly abuse guidance documents.
Administrative law crushes agency progressivism -~-- CP’s key to check the executive
Strauss 11 (Peter, Not David Paul, Betts Professor of Law – Columbia Law School, “The APA at 65- Is Reform Needed to Create Jobs, Promote Economic Growth and Reduce Costs?”, Congressional Documents and Publications, 2-28, Lexis)
As you may know, I have for the last forty years been a scholar
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of the Federal Government and those affected by federal regulation and deregulation. n3
U.S. policy’s modeled globally
Aman 99 (Alfred C. Jr., Dean and Professor of Law – Indiana University School of Law, “Globalization and the U.S. Administrative Procedures Act: Furthering Democracy and the Global Public Interest”, 2-3, http://www.lcil. cam.ac.uk/Media/lectures/doc/Snyder99.doc)
In addition to the “democracy problem” inherent in globalization, especially when our
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almost hegemonic extension of U.S. values and legal approaches abroad.
Violating administrative law is key to respond to environmental crises
Johnson 7 (Stephen M., Associate Dean and Professor – Walter F. George School of Law, Mercer University, “Good Guidance, Good Grief!”, Missouri Law Review, Summer, 72 Mo. L. Rev. 695, Lexis)
A. Reforms Will Discourage Agencies from Adopting Guidance Documents or Delay the Release of
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risks for longer periods of time while the guidance is being developed. 182
That solves Extinction
Mmom 8 (Dr. Prince Chinedu, University of Port Harcourt (Nigeria), “Rapid Decline in Biodiversity: A Threat to Survival of Humankind”, Earthwork Times, 12-8, http://www.environmental-expert.com/resultEachArticle.aspx?ci d=0andcodi=51543)
From the foregoing, it becomes obvious that the survival of Humankind depends on the
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wise policy of conservation and development can be based for centuries to come.