Browsing by Subject "Delegated legislation -- United States"

Now showing items 1-5 of 5

    • Chevron's Mistake 
      Bressman, Lisa Schultz (Duke Law Journal, 2009-01)
      Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those ...
    • Disciplining Delegation After "Whitman v. American Trucking Ass'ns" 
      Bressman, Lisa Schultz (Cornell Law Review, 2002)
      The Supreme Court's recent reversal of the D.C. Circuit's decision in "Whitman v. American Trucking Ass'ns" brings to center stage the critical question for disciplining delegation of lawmaking authority to administrative ...
    • The False Promise of the "New" NonDelegation Doctrine 
      Rossi, Jim, 1965-; Seidenfeld, Mark (Notre Dame Law Review, 2000)
      This essay responds to claims that the "new" nondelegation doctrine, applied by D.C. Circuit Judge Stephen Williams in "American Trucking Association, Inc. v. EPA", 175 F.3d 1027 (D.C. Cir. 1999), advances the rule of law. ...
    • How "Mead" Has Muddled Judicial Review of Agency Action 
      Bressman, Lisa Schultz (Vanderbilt Law Review, 2005)
      In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority ...
    • Regulatory Traffic Jams 
      Ruhl, J. B.; Salzman, James; Song, Kai-Sheng (Wyoming Law Review, 2002)
      Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation ...