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Articles 1 - 19 of 19
Full-Text Articles in Law
Derailing The Deference Lockstep, Aaron J. Saiger
Derailing The Deference Lockstep, Aaron J. Saiger
Faculty Scholarship
Key voices, most prominently that of Justice Neil Gorsuch, have embraced the position that the Chevron doctrine, under which federal courts defer to an agency’s reasonable interpretation of its organizing statutes, is incompatible with the judicial duty to “say what the law is.” These voices include several state supreme courts, which have held (often citing Justice Gorsuch) that state-court deference to state agency interpretations likewise impinges upon the fundamental duty of state judges to decide, on their own, what state law is.
This Article urges states to resist the uncritical importation into state law of antideference arguments based on the …
Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami
Three Steps Forward: Shared Regulatory Space, Deference, And The Role Of The Court, Amanda Shami
Fordham Law Review
When a party files suit challenging the legitimacy of an agency’s interpretation of its governing statute, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. instructs courts to defer to the agency’s interpretation where (1) the court has found that Congress had not foreclosed the agency’s interpretation, and (2) the agency’s interpretation was a reasonable or permissible exercise of its authority. However, sometimes Congress enacts statutes delegating authority over a given regulatory space to more than one agency. When two agencies have shared authority under the same regulatory scheme, those agencies may disagree regarding the interpretation of certain provisions that …
Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Foreword: Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Fordham Law Review
No abstract provided.
Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney
Chevron And Skidmore In The Workplace: Unhappy Together, James J. Brudney
Fordham Law Review
No abstract provided.
The Three Phases Of Mead, Kristin E. Hickman
Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett
Improving Agencies’ Preemption Expertise With Chevmore Codification , Kent Barnett
Fordham Law Review
No abstract provided.
Federalism At Step Zero, Miriam Seifter
Chevron’S Generality Principles, Emily Hammond
Chevron’S Generality Principles, Emily Hammond
Fordham Law Review
No abstract provided.
Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane
Chevron Deference, The Rule Of Law, And Presidential Influence In The Administrative State, Peter M. Shane
Fordham Law Review
No abstract provided.
Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker
Chevron Inside The Regulatory State: An Empirical Assessment, Christopher J. Walker
Fordham Law Review
No abstract provided.
Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann
Chevron At The Roberts Court: Still Failing After All These Years, Jack M. Beermann
Fordham Law Review
No abstract provided.
Step Zero After City Of Arlington, Thomas W. Merrill
Step Zero After City Of Arlington, Thomas W. Merrill
Fordham Law Review
No abstract provided.
Chevron And Deference In State Administrative Law , Aaron J. Saiger
Chevron And Deference In State Administrative Law , Aaron J. Saiger
Fordham Law Review
No abstract provided.
What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation , Abbe R. Gluck
What 30 Years Of Chevron Teach Us About The Rest Of Statutory Interpretation , Abbe R. Gluck
Fordham Law Review
No abstract provided.
In Search Of Skidmore, Peter L. Strauss
Chevron’S Flexible Agency Expertise Model: Applying The Chevron Doctrine To The Bia’S Interpretation Of The Ina’S Criminal Law–Based Aggravated Felony Provision, Michael Dorfman-Gonzalez
Chevron’S Flexible Agency Expertise Model: Applying The Chevron Doctrine To The Bia’S Interpretation Of The Ina’S Criminal Law–Based Aggravated Felony Provision, Michael Dorfman-Gonzalez
Fordham Law Review
For nearly thirty years, courts have looked to the U.S. Supreme Court’s ruling in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. when reviewing a challenge to an agency’s interpretation of statutory language and determining whether deference is appropriate. Despite Chevron’s longstanding role as one of administrative law’s most important legal doctrines, no specification exists as to whether judicial deference is required when an agency interprets language outside the scope of its expertise. As a result, the Second and Third Circuits have split on the issue of whether the Bureau of Immigration Appeals’ (BIA) interpretation of the term …
The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson
The Chevron-Ecuador Dispute, Forum Non Conveniens, And The Problem Of Ex Ante Inadequacy, Howard M. Erichson
Faculty Scholarship
These opening lines from Chevron's website of "facts about Chevron and Texaco in Ecuador" refer to the latest salvo in a long-running environmental dispute concerning a Texaco subsidiary's Ecuadorian oil-drilling activities. Chevron resisted enforcement in the United States of an Ecuadorian court's $18 billion judgment, and the plaintiffs are seeking to enforce the judgment against Chevron in various courts around the world. Chevron's account suggests that the plaintiffs' lawyers are engaged in improper forum-shopping. The plaintiffs'lawyers, according to Chevron, ought to pursue enforcement of the judgment in the United States.
Supreme Court As Interstitial Actor: Justice Ginsburg's Eclectic Approach To Statutory Interpretation Symposium: The Jurisprudence Of Justice Ruth Bader Ginsberg: A Discussion Of Fifteen Years On The U.S. Supreme Court, James J. Brudney
Faculty Scholarship
The Supreme Court is in the midst of an extended debate regarding the proper approach to construing federal statutes. A number of Justices have engaged in heated dialogue addressing the pros and cons of textualism or intentionalism, as well as the virtues and limitations of Chevron deference. Although Justice Ginsburg has not participated in these judicial exchanges, she has adopted her own approach to the challenge of interpreting federal statutes. This Article explores Ginsburg’s approach by focusing on four opinions that construe federal criminal laws and three that interpret labor relations and anti-discrimination laws. The Article’s central thesis is that …
Adjudicative Retroactivity In Administrative Law , Abner S. Greene
Adjudicative Retroactivity In Administrative Law , Abner S. Greene
Faculty Scholarship
Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …