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Articles 1 - 4 of 4
Full-Text Articles in Law
Chevron Is A Phoenix, Lisa Schultz Bressman, Kevin M. Stack
Chevron Is A Phoenix, Lisa Schultz Bressman, Kevin M. Stack
Vanderbilt Law Review
Judicial deference to agency interpretations of their own statutes is a foundational principle of the administrative state. It recognizes that Congress has the need and desire to delegate the details of regulatory policy to agencies rather than specify those details or default to judicial determinations. It also recognizes that interpretation under regulatory statutes is intertwined with implementation of those statutes. Prior to the famous decision in Chevron, the Supreme Court had long regarded judicial deference as a foundational principle of administrative law. It grew up with the administrative state alongside other foundational administrative law principles. In Chevron, the …
Judicial Deference To Administrative Interpretation Of Statutes From A Comparative Perspective, Vincent Martenet
Judicial Deference To Administrative Interpretation Of Statutes From A Comparative Perspective, Vincent Martenet
Vanderbilt Journal of Transnational Law
This Article examines, from a comparative perspective, how judicial deference to administrative interpretation of statutes takes place and whether it is constitutionally admissible. Since constitutions and statutes rarely deal expressly with this issue, courts may have to determine whether or not such deference is permitted, and, if so, whether generally or in certain cases only. The constitutional, legal, and judicial context prevailing in each country is particularly important in this regard. Nevertheless, it may provide courts with little, if any, guidance on the specific issue of deference to administrative statutory interpretation. In this respect, a nuanced approach along all or …
Classaction.Gov, Amanda M. Rose
Classaction.Gov, Amanda M. Rose
Vanderbilt Law School Faculty Publications
This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume many of the notice and claims-processing functions performed by class action claims administrators today. Classaction.gov would bring long-demanded transparency to class actions and, through forces of legitimization and coordination, would substantially increase the rate of consumer participation in class action settlements. It also holds the key to mitigating other problems in class action practice, such as the inefficiencies and potential abuses associated with multiforum litigation, the limited success of the …
Chevron Is A Phoenix, Lisa Bressman, Kevin Stack
Chevron Is A Phoenix, Lisa Bressman, Kevin Stack
Vanderbilt Law School Faculty Publications
Judicial deference to agency interpretations of their own statutes is a foundational principle of the administrative state. It recognizes that Congress has the need and desire to delegate the details of regulatory policy to agencies rather than specify those details or default to judicial determinations. It also recognizes that interpretation under regulatory statutes is intertwined with implementation of those statutes. Prior to the famous decision in Chevron, the Supreme Court had long regarded judicial deference as a foundational principle of administrative law. It grew up with the administrative state alongside other foundational administrative law principles. In Chevron, the Court gave …