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Articles 1 - 2 of 2
Full-Text Articles in Law
The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy
The Past, Present And Future Of Auer Deference: Mead, Form And Function In Judicial Review Of Agency Interpretations Of Regulations, Michael P. Healy
Law Faculty Scholarly Articles
The law of judicial review of agency legal interpretations has undergone an important reshaping as a consequence of the Supreme Court decision in United States v. Mead Corp. That decision and the important follow-on decision in National Cable & Telecommunications Ass 'n v. Brand X Internet Services have changed the understanding of the Court's landmark 1984 decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. Chevron defined a new era of judicial deference to an agency's interpretation of an ambiguous statute, but the Chevron era has itself been transformed.
These legal developments had seemed to have little consequential …
A Framework For Judicial Review And Remand In Immigration Law, Collin D. Schueler
A Framework For Judicial Review And Remand In Immigration Law, Collin D. Schueler
Law Faculty Scholarly Articles
This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve a legal issue in the first instance or remand that issue to the agency. This Article advances the novel claim that courts should use the modem framework for judicial review of agency statutory interpretations to inform their resolution of this remand question. Then, using this framework, the Article identifies when remand is and is not appropriate in immigration cases. This critical analysis, which urges a departure from conventional academic wisdom, …