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Full-Text Articles in Law
Does Qualified Immunity Matter?, Alexander A. Reinert
Does Qualified Immunity Matter?, Alexander A. Reinert
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In litigation brought pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), most commentators agree that qualified immunity plays a substantial role in limiting plaintiffs' ability to recover compensation. Many find this tradeoff acceptable, in part because of concerns of fairness to government official defendants and in part because courts may still play a central role in announcing the law without worrying over the retroactive effect their decision will have on the personal funds of the defendant official.
This paper considers the different role that qualified immunity may play in …
Chevron'S Regrets: The Persistent Vitality Of The Nondelegation Doctrine, Michael C. Pollack
Chevron'S Regrets: The Persistent Vitality Of The Nondelegation Doctrine, Michael C. Pollack
Articles
Since the Chevron decision in 1984, courts have extended to administrative agencies a high level of deference when those agencies reasonably interpret ambiguous statutes, reasoning that agencies have more technical expertise and public accountability than courts. However, when the agency’s interpretation implicates a significant policy choice, courts do not always defer. At times, they rely on principles of nondelegation to rule against the agency interpretation and require that choices be made by Congress instead.
Chevron makes no explicit exception for significant policy choices, but in cases like MCI v. AT&T and FDA v. Brown & Williamson, the Supreme Court …