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Articles 1 - 13 of 13
Full-Text Articles in Law
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl
Faculty Publications
When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.
This Article proposes …
Jury Review Of Administrative Action, John F. Duffy
Jury Review Of Administrative Action, John F. Duffy
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
William & Mary Bill of Rights Journal
Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
William & Mary Bill of Rights Journal
No abstract provided.
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
William & Mary Bill of Rights Journal
No abstract provided.
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
William & Mary Bill of Rights Journal
No abstract provided.
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
William & Mary Bill of Rights Journal
No abstract provided.
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
William & Mary Bill of Rights Journal
No abstract provided.
Private Standards Organizations And Public Law, Peter L. Strauss
Private Standards Organizations And Public Law, Peter L. Strauss
William & Mary Bill of Rights Journal
Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
William & Mary Bill of Rights Journal
No abstract provided.
"Data, Views, Or Arguments": A Rumination, Michael Herz
"Data, Views, Or Arguments": A Rumination, Michael Herz
William & Mary Bill of Rights Journal
No abstract provided.
The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova
The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova
William & Mary Environmental Law and Policy Review
Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.
A pervasive and long-standing problem, nonpoint pollution, nutrient and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint discharges …