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Full-Text Articles in Jurisprudence

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll Nov 2019

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Defining Ambiguity In Broken Statutory Frameworks And Its Limits On Agency Action, Amanda Urban Oct 2016

Defining Ambiguity In Broken Statutory Frameworks And Its Limits On Agency Action, Amanda Urban

Michigan Journal of Environmental & Administrative Law

“The Problem” occurs when a statute’s provisions become contradictory or unworkable in the context of new or unforeseen phenomena, yet the statute mandates agency action. The application of an unambiguous statutory provision may become problematic or unclear. Similarly, unambiguous provisions may become inconsistent given a particular application of the statute. During the same term, in Scialabba and UARG, the Supreme Court performed a Chevron review of agency interpretations of statutes facing three variations of the Problem, which this Note characterizes as direct conflict, internal inconsistency, and unworkability. In each case, the Court defined ambiguity in various, nontraditional ways and …


Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich May 2015

Fun With Administrative Law: A Game For Lawyers And Judges, Adam Babich

Michigan Journal of Environmental & Administrative Law

The practice of law is not a game. Administrative law in particular can implicate important issues that impact people’s health, safety, and welfare and change business’ profitability or even viability. Nonetheless, it can seem like a game. This is because courts rarely explain administrative law rulings in terms of the public purposes and policies at issue in lawsuits. Instead, the courts’ administrative law opinions tend to turn on arcane interpretive doctrines with silly names, such as the “Chevron two-step” or “Chevron step zero.” To advance doctrinal arguments, advocates and courts engage in linguistic debates that resemble a smokescreen—tending to obscure …


Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland Jan 2004

Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland

Oklahoma Law Review

No abstract provided.


Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook Jan 2004

Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook

Oklahoma Law Review

No abstract provided.


Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan Jan 2004

Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan

Oklahoma Law Review

No abstract provided.