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Full-Text Articles in Law
Chevron In The Circuit Courts, Kent Barnett, Christopher J. Walker
Chevron In The Circuit Courts, Kent Barnett, Christopher J. Walker
Michigan Law Review
This Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevrondeference— the doctrine under which courts defer to a federal agency’s reasonable interpretation of an ambiguous statute that it administers. Based on 1,558 agency interpretations the circuit courts reviewed from 2003 through 2013 (where they cited Chevron), we found that the circuit courts overall upheld 71% of interpretations and applied Chevrondeference 77% of the time. But there was nearly a twenty-five-percentage-point difference in agency-win rates when the circuit courts applied Chevrondeference than when they did …
A Reality Check On An Empirical Study: Comments On "Inside The Administrative State", Sally Katzen
A Reality Check On An Empirical Study: Comments On "Inside The Administrative State", Sally Katzen
Michigan Law Review
Presidential control is the term used for the process (or some would say, the model) by which agency decision-making (more particularly, rulemaking) is brought under the direction of the president to "render such decision- making accountable and effective." Until now scholars, who have generally endorsed both the theory and the practice of the process, have written from the perspective of those who exercise presidential control - those at the White House or the Office of Information and Regulatory Affairs ("OIRA"). In a recent article in the Michigan Law Review, Lisa Schultz Bressman and Michael Vandenbergh ("the authors") decided to …
Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh
Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh
Michigan Law Review
This reply addresses the thoughtful comments that former OIRA Administrator Sally Katzen has provided on our Article, Inside the Administrative State: A Critical Look at the Practice of Presidential Control. Our Article is the first to investigate the agency perspective on White House involvement in agency rule-making. We interviewed 30 of the 35 top political officials in the Environmental Protection Agency ("EPA") during the George H.W. Bush ("Bush I") and the William J. Clinton Administrations during 1989-2001. Prior to our study, empirical studies of White House involvement in agency rule-making had focused almost exclusively on the White House side, …
Interlocutory Appeal Procedures In Administrative Hearings, Ernest Gellhorn, Paul B. Larsen
Interlocutory Appeal Procedures In Administrative Hearings, Ernest Gellhorn, Paul B. Larsen
Michigan Law Review
There are, therefore, substantial arguments for and against permitting interlocutory review of an examiner's rulings. With so even a balance in principle, factual analysis of agency practices becomes critical. This study measures agency practice against the standard that hearing procedures must be fair, and unnecessary delay is as unfair to the parties and the public as are arbitrary and erroneous interlocutory rulings.