Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

SSRN

Columbia Law School

Administrative Law

2002

Articles 1 - 2 of 2

Full-Text Articles in Law

Prosecutors And Their Agents – Agents And Their Prosecutors, Daniel C. Richman Jan 2002

Prosecutors And Their Agents – Agents And Their Prosecutors, Daniel C. Richman

Faculty Scholarship

This is an effort to describe the dynamics of interaction between federal prosecutors and federal enforcement agents, and to suggest how these dynamics affect the exercise of enforcement discretion. It concludes by exploring ways in which the proposed normative model – which sees prosecutors and agents as members of a "working group," with each side monitoring the other – can be furthered or frustrated with various procedural and structural changes.


The Mead Doctrine: Rules And Standards, Meta-Rules And Meta-Standards, Thomas W. Merrill Jan 2002

The Mead Doctrine: Rules And Standards, Meta-Rules And Meta-Standards, Thomas W. Merrill

Faculty Scholarship

In United States v. Mead Corp. the Supreme Court sought to prescribe a test for determining when the Chevron doctrine applies to agency interpretations of law. The Court got off to a good start, announcing that Chevron applies when Congress has delegated authority to an agency to make rules having the force of law, and the agency has adopted an interpretation pursuant to this authority. Unfortunately, the Court was less than clear about when Congress has delegated the required authority, applying a vague standard that incorporates such elements as whether Congress has directed the agency to use relatively formal procedures ...