Now showing items 1-6 of 6
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. ...
"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 ...
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 ...
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 ...
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 ...