Now showing items 1-3 of 3
Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State
(New York University Law Review, 2003)
This Article argues that efforts to square the administrative state with the constitutional structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an ...
How "Mead" Has Muddled Judicial Review of Agency Action
(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 ...
Disciplining Delegation After "Whitman v. American Trucking Ass'ns"
(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 ...