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Respecting Deference: Conceptualizing Skidmore Within the Architecture of Chevron
(William and Mary Law Review, 2001)
This Article addresses critically the implications of the U.S. Supreme Court's recent decision in Christensen v. Harris County, 120 S.Ct. 1655 (2000), for standards of judicial review of agency interpretations of law. ...
Redeeming Judicial Review: The Hard Look Doctrine and Federal Regulatory Efforts to Restructure the Electric Utility Industry
(Wisconsin Law Review, 1994)
Recent policy-effect studies denounce judicial review for its adverse effects on agency decisionmaking. In its strong version, the policy-effect thesis suggests that judicial review has paralized innovative agency ...
Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction
(Iowa Law Review, 2007)
Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other--especially as traditional governmental functions are privatized and as economic regulation ...