Jurisprudence Commons^™

An Administrative Jurisprudence: The Rule Of Law In The Administrative State, Kevin M. Stack

Vanderbilt Law School Faculty Publications

This Essay offers a specification of the rule of law's demands of administrative law and government inspired by Professor Peter L. Strauss's scholarship. It identifies five principles'authorization, notice, justification, coherence, and procedural fairness which provide a framework for an account of the rule of law's demands of administrative governance. Together these principles have intriguing results for the evaluation of administrative law. On the one hand, they reveal rule-of-law foundations for some contested positions, such as a restrictive view of the President's power to direct subordinate officials and giving weight to an agency's determination of the scope of its own authority. …

Chevron's Mistake, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

"Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc." asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those agencies implement, but the decision does not give courts the tools for providing a proper answer. Chevron directs courts to construe statutory text by applying the traditional theories of statutory interpretation-whether intentionalism, purposivism, or textualism-and to infer a delegation of agency interpretive authority only if they fail to find a relatively specific meaning. But the traditional theories, despite their differences, all invite courts to construe statutory text as …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ACT OF STATE ACT OF STATE DOCTRINE APPLIES TO INFORMAL ACTIONS OF FOREIGN GOVERNMENTS IF THE GOVERNMENTAL AGENT ACTS WITHIN THE SCOPE OF HIS AUTHORITY

2. ADMIRALTY SIGNIFICANT--RELATIONSHIP-TO-MARITIME-ACTIVITY TEST USED TO DETERMINE ADMIRALTY TORT JURISDICTION

3. ALIEN'S RIGHTS REGULATIONS EXCLUDING RESIDENT ALIENS FROM EMPLOYMENT IN FEDERAL COMPETITIVE CIVIL SERVICE VIOLATE DUE PROCESS CLAUSE OF FIFTH AMENDMENT

4. AVIATION MENTAL DISTRESS ATTACHES TO AN AIR CARRIER'S STRICT LIABILITY FOR BODILY INJURY UNDER THE WARSAW CONVENTION

5. IMMIGRATION AND NATURALIZATION CONGRESS MAY GRANT CITIZENSHIP TO FOREIGN-BORN CHILDREN OF CITIZEN FATHERS, WHILE DENYING SAME TO OFFSPRING OF CITIZEN MOTHERS

6. …