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Articles 1 - 3 of 3
Full-Text Articles in Law
Chevron'S Ghost Rides Again, Thomas W. Merrill
Chevron'S Ghost Rides Again, Thomas W. Merrill
Faculty Scholarship
Professor Gary Lawson has offered a remarkable account of the fate of the Chevron doctrine during a recent year in the Supreme Court, from August 2021 to June 2022. When one examines lower court decisions, petitions seeking review of those decisions, briefs filed by the parties, and transcripts of oral arguments, Chevron made frequent appearances during the year. But when one reads the published opinions of the Court, one finds virtually no reference to Chevron. Based on the published opinions of the Court, it was as if the Chevron decision did not exist.
The status of Chevron as a …
Navigating Between "Politics As Usual" And Sacks Of Cash, Daniel C. Richman
Navigating Between "Politics As Usual" And Sacks Of Cash, Daniel C. Richman
Faculty Scholarship
Like other recent corruption reversals, Percoco was less about statutory text than what the Court deems “normal” politics. As prosecutors take the Court’s suggestions of alternative theories and use a statute it has largely ignored, the Court will have to reconcile its fears of partisan targeting and its textualist commitments
The Major Questions Doctrine: Right Diagnosis, Wrong Remedy, Thomas W. Merrill
The Major Questions Doctrine: Right Diagnosis, Wrong Remedy, Thomas W. Merrill
Faculty Scholarship
The Supreme Court’s “major questions” doctrine has been attacked as an attempt to revive the nondelegation doctrine. The better view is that this statutory interpretation responds to perceived failings of the Chevron doctrine, which has governed court-agency relations since 1984. This article criticizes the major question doctrine and proposes modifications to the Chevron doctrine that would partially correct its failings while preserving the traditional interpretive role of courts.