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Full-Text Articles in Law
"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein
"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein
William & Mary Law Review
Administrative agencies wield a necessary but dangerous power. Some control of that power is constitutionally required and normatively justified. Yet widely discordant views persist concerning the appropriate means of control. Scholars have proposed competing administrative control models that variably place the judiciary, the President, and Congress at the helm. Although these models offer critical insights into the institutional competencies of the respective branches, they tend to understate the limitations of those branches to check administrative power and ultimately marginalize the public interest costs occasioned by second-guessing administrative choice. The “relative checks” paradigm introduced here seeks to improve upon existing models …
Democratizing The Administrative State, Richard J. Pierce Jr.
Democratizing The Administrative State, Richard J. Pierce Jr.
William & Mary Law Review
Scholars have long questioned the political and constitutional legitimacy of the administrative state. By 1980, a majority of Supreme Court Justices seemed poised to hold that large portions of the administrative state are unconstitutional. In 1984, the Court retreated from that abyss and took a major step toward legitimating and democratizing the administrative state. It instructed lower courts to defer to any reasonable agency interpretation of an ambiguous agency-administered statute, basing this doctrine of deference on the superior political accountability of agencies. Henceforth, politically unaccountable judges were prohibited from substituting their policy preferences for those of politically accountable agencies. The …
Respecting Deference: Conceptualizing Skidmore Within The Architecture Of Chevron, Jim Rossi
Respecting Deference: Conceptualizing Skidmore Within The Architecture Of Chevron, Jim Rossi
William & Mary Law Review
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. Christensen is a notable case in the administrative law area because it purports to clarify application of the deference doctrine first articulated in Skidmore v. Swift & Co., 323 U.S. 134 (1944). By reviving this doctrine, Christensen narrows application of the predominant approach to deference articulated in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), thus reducing the level of deference in …
Public Participation In The Regulation Of Utilities By The Virginia State Corporation Commission: How The Commission Makes Public Policy While It Makes Rates, John T. Schell, Philip Sparks
Public Participation In The Regulation Of Utilities By The Virginia State Corporation Commission: How The Commission Makes Public Policy While It Makes Rates, John T. Schell, Philip Sparks
William & Mary Law Review
No abstract provided.
Banking Structure And Statewide Branching: The Potential For Virginia, David C. Parcell
Banking Structure And Statewide Branching: The Potential For Virginia, David C. Parcell
William & Mary Law Review
No abstract provided.
A Hearing Examiner Comments On The Apa And The Rule Making Or Adjudication Controversy, Robert R. Boyd
A Hearing Examiner Comments On The Apa And The Rule Making Or Adjudication Controversy, Robert R. Boyd
William & Mary Law Review
No abstract provided.
The Ombudsman In The Common Law System, Walter W. Toxey
The Ombudsman In The Common Law System, Walter W. Toxey
William & Mary Law Review
No abstract provided.