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"Statutory NonDelegation": Learning from Florida's Recent Experience in Administrative Procedure Reform
(Widener Journal of Public Law, 1999)
In this Article, I assess one of the more notable reforms Florida made to its APA in 1996 with the intention of enhancing the accountability of agency rulemaking, and I discuss the lessons other state reformers can learn ...
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. ...
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 ...
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 ...
Of Dialogue--And Democracy--In Administrative Law
(Columbia Law Review Sidebar, 2012)
Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for ...
Bargaining in the Shadow of Administrative Procedure: The Public Interest in Rulemaking Settlement
(Duke Law Journal, 2001)
This article addresses problems associated with settlement of appeals of legislative rules adopted by administrative agencies. Settlement is a common and important tool for avoiding litigation, but it also raises potential ...
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 ...
Public Choice Theory and the Fragmented Web of the Contemporary Administrative State
(Michigan Law Review, 1998)
In the recent book, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (Yale U. Press 1997), Jerry Mashaw addresses the convergence between public choice and administrative law. This review essay ...
Regulatory Exit
(Vanderbilt Law Review, 2015)
Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the ...
Waivers, Flexibility, and Reviewability
(Chicago -Kent Law Review, 1997)
In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...