Browsing by Subject "Judicial review of administrative acts -- United States"

Now showing items 1-9 of 9

    • Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction 
      Rossi, Jim, 1965- (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 ...
    • Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State 
      Bressman, Lisa Schultz (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 ...
    • 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 ...
    • The Constitutional Foundations of Chenery 
      Stack, Kevin M. (The Yale Law Journal, 2007)
      The Supreme Court regularly upholds federal legislation on grounds other than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong ...
    • Deference and Democracy 
      Bressman, Lisa Schultz (The George Washington Law Review, 2007)
      In Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the Supreme Court famously held that judicial deference to agency interpretations of ambiguous statutes is appropriate largely because the executive branch is ...
    • 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 ...
    • 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 ...
    • Redeeming Judicial Review: The Hard Look Doctrine and Federal Regulatory Efforts to Restructure the Electric Utility Industry 
      Rossi, Jim, 1965- (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 ...
    • Respecting Deference: Conceptualizing Skidmore Within the Architecture of Chevron 
      Rossi, Jim, 1965- (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. ...