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Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Dissertations - ALL
The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …
Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Judicial Deference To Administrative Statutory Interpretation In The Modern American Administrative State, Rachel Marie Macmaster
Dissertations - ALL
The American administrative state of the twentieth and twenty-first centuries is defined by deference by federal courts to administrative agencies. The political science and (especially) legal literatures have long discussed how federal courts defer to agencies, but little attention has been dedicated to how to identify deference and why courts defer. This dissertation redefines deference, a term that has been topic of extensive discussion in the last forty years but that was missing a key feature: the intent of the deferrers. Using administrative courts as the proxy for agencies at large, this dissertation suggests three reasons why judges may defer. …