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Full-Text Articles in Jurisprudence
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Journal Articles
What statutory methods does an appellate court use in reviewing decisions of an administrative agency? Further, in doing this review, are appellate judges more likely to use certain statutory methods when they expressly cite the Chevron two-step framework than if they do not? This Article explores the answers to these questions using an original database of over 200 statutory interpretation cases culled from more than 2,500 cases decided in appellate courts reviewing National Labor Relations Board (NLRB or the Board) adjudications from 1994 through 2020. In particular, the study examined the use of text, language canons, substantive canons, legislative history, …
Neoclassical Administrative Common Law, Jeffrey A. Pojanowski
Neoclassical Administrative Common Law, Jeffrey A. Pojanowski
Journal Articles
This essay reviews John Dickinson’s neglected classic, Administrative Justice and the Supremacy of Law in the United States. Writing on the cusp of the New Deal, Dickinson helped establish a mainstream, moderate stance about the shape and legitimacy of the administrative state. A closer reading of this work, which is rich in jurisprudential reflection and historical learning, offers a better idea about the structure, promise, and limits of the doctrinal world he helped create.