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Missouri Law Review

Administration

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Restoring Chevron’S Domain, Jonathan H. Adler Nov 2015

Restoring Chevron’S Domain, Jonathan H. Adler

Missouri Law Review

This brief Article’s aim is not so ambitious as to praise or bury Chevron. It seeks only to make a more modest point about the Chevron doctrine and its domain.12 On the assumption that Chevron, in some form, will remain a significant part of the constellation of administrative law, this Article suggests Chevron’s domain should be defined and delimited by its doctrinal grounding. Put another way, the legal rationale for providing deference to agency interpretations of ambiguous statutory text should determine the doctrine’s scope and application. More precisely, insofar as the Court’s subsequent application and elucidation of Chevron have indicated …


Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii Apr 2013

Science, Politics, And Administrative Legitimacy , Louis J. Virelli Iii

Missouri Law Review

Administrative agencies in the United States and other constitutional democracies around the world are continually faced with difficult questions about the legitimacy of their decisions.1 Each of these legitimacy questions in turn raises important second-order questions about how agencies should view their role within a constitutional democracy: How closely should agency decisions reflect popular political will? When and to what degree are deviations from popular opinion justified, and what measures should be taken to reduce the gap between regulators and the governed? What other sources of information are critical to agency decision making, and how should those inputs be treated …