Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administration (2)
- Administrative law (2)
- Chevron (2)
- Board of Contract Appeals (1)
- Chevron doctrine (1)
-
- Clean Water Act (1)
- Clean Water Rule (1)
- Constitution (1)
- Constitutional law (1)
- Court of Federal Claims (1)
- Environmental Protection Agency (1)
- Federal employment law (1)
- Jurisprudence (1)
- Merit Systems Protection Board (1)
- Miltary (1)
- Procedure (1)
- Statutory interpretation (1)
- Statutory interpretation government (1)
- Terrorism (1)
- The Court of Appeals for the Federal Circuit (1)
- The Whistleblower Protection Act (1)
- Title 38 (1)
- U.S. Army Corps of Engineers (1)
- U.S. Merit Systems Protection Board of 1989 (MSPB) (1)
- United States Patent and Trademark Office (1)
- WOTUS (1)
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Jurisprudence
Brief Of Amici Curiae Administrative And Federal Regulatory Law Professors In Support Of Respondents, Andrew F. Popper
Brief Of Amici Curiae Administrative And Federal Regulatory Law Professors In Support Of Respondents, Andrew F. Popper
Amicus Briefs
Amici write to address the first question presented: whether Chevron should be overruled. Properly understood, it should not. Chevron has been much discussed but not always understood. On the one hand, courts have sometimes misapplied the doctrine or failed to understand its legal foundations. On the other, courts and commentators alike have criticized Chevron, often as a result of such aggressive applications. This case provides an opportunity for the Court to clarify what Chevron does and does not entail, while reaffirming the essential role that judicial recognition of constitutionally delegated policymaking authority plays in federal statutory programs. Many of …
Brief Of Scholars Of Administrative Law And The Administrative Procedure Act As Amici Curiae In Support Of Respondents, Jeffrey Lubbers
Brief Of Scholars Of Administrative Law And The Administrative Procedure Act As Amici Curiae In Support Of Respondents, Jeffrey Lubbers
Amicus Briefs
The principle of judicial deference to agency interpretations of law has been a pillar of this Court's administrative law doctrine for more than a century. This Court's decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), formalized one version of that principle, creating the two-step framework that is now subject to a multifaceted attack. Among other things, Chevron's opponents argue that the doctrine is at odds with the original public meaning of the Administrative Procedure Act. This is wrong, and the text and history of that landmark statute provide no basis for …
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review
No abstract provided.
The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione
The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione
American University Law Review
No abstract provided.
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
“Bring[Ing] Our Enemies To Justice”: Terrorism And The Court, Anna Elazan
Legislation and Policy Brief
This article focuses on the venue of Mohammad’s trial and is broken into three sections. The first section reviews the historical use of military tribunals. This section begins by looking at the basis for Presidential authority to authorize the use of military commissions. This section then outlines the first use of military commissions since World War II. President George W. Bush’s authorization parallels the provisions in President Franklin Roosevelt’s authorization of the use of commissions in the 1940s. However, following authorization, the military commissions were subject to judicial challenges and significant revision by Congress. Finally, this section tracks recent developments …
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
Survey Of Mspb Cases In 1991-1992: Theoretical Critique And Practical Applications, G. Jerry Shaw, Jr., William S. Bransford, Richard A. Moore, Christopher M. Okay
American University Law Review
No abstract provided.