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Articles 1 - 7 of 7

Full-Text Articles in Law

The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore Sep 2004

The Doctrine Of Judicial Deference And The Independence Of The Federal Mine Safety And Health Review Commission, R. Henry Moore

West Virginia Law Review

No abstract provided.


Chevron Deference And Agency Self-Interest, Timothy K. Armstrong Jan 2004

Chevron Deference And Agency Self-Interest, Timothy K. Armstrong

Faculty Articles and Other Publications

Judicial review of a federal administrative agency's statutory or regulatory interpretation ordinarily proceeds under the highly deferential framework announced in the landmark case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984). Withholding an independent judicial interpretation of a statute or regulation in deference to an agency's views, however, poses unique problems when the agency has a self-interested stake in its interpretation - as, for example, when the agency's interpretation affects its regulatory jurisdiction or yields a financial benefit to the agency. A review of several cases in which courts have deferred, or refused to defer, …


Toward Normative Rules For Agency Interpretation: Defining Jurisdiction Under The Clean Water Act, Robert R.M. Verchick Jan 2004

Toward Normative Rules For Agency Interpretation: Defining Jurisdiction Under The Clean Water Act, Robert R.M. Verchick

Robert R.M. Verchick

Wetlands advocates, from environmentalists to duck hunters, dodged a bullet last year when the Bush Administration dropped plans to narrow its jurisdiction over streams and wetlands. The decision marked a key chapter in a story that began in 2001, when the Supreme Court invalidated part of the Migratory Bird Rule, a regulation that for many years had supported federal protection over some intrastate wetlands. The Court's broad rejection of this narrow rule sent federal jurisdiction under the Clean Water Act into a tailspin. The decision opened debates about tributaries and intermittent streams in the Southwest. It also appeared to narrow …


Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland Jan 2004

Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland

Oklahoma Law Review

No abstract provided.


Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook Jan 2004

Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook

Oklahoma Law Review

No abstract provided.


Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan Jan 2004

Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan

Oklahoma Law Review

No abstract provided.


Constitutional And Statutory Interpretation, Kent Greenawalt Jan 2004

Constitutional And Statutory Interpretation, Kent Greenawalt

Faculty Scholarship

This article discusses relatively established theories with respect to statutory and constitutional interpretation. Written constitutions and statutes provide authoritative directions for officials and citizens within liberal democracies. The article mentions that descriptive and normative theories connect with each other in critical respects. Statutory interpretation involves the construction and application of provisions adopted by legislatures. The theoretical questions about interpreting statutes and constitutions suggest more general questions about the meaning of human communications; and scholars of philosophy of language, linguistics, literary theory, and religious hermeneutics discuss analogous issues. This article discusses an important issue in statutory interpretation that is the nature …