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Articles 1 - 4 of 4
Full-Text Articles in Law
Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs
Superstatute Theory And Administrative Common Law, Kathryn E. Kovacs
Indiana Law Journal
This Article employs William Eskridge and John Ferejohn’s theory of superstatutes as a tool to argue that administrative common law that contradicts or ignores the Administrative Procedure Act (APA) is illegitimate. Eskridge and Ferejohn conceive of statutes that emerge from a lengthy, public debate and take on great normative weight over time as “superstatutes.” Superstatute theory highlights the deficiency in deliberation about the meaning of the APA. The APA bears all the hallmarks of a superstatute. Unlike the typical federal superstatute, however, the APA is not administered by a single agency. Thus, to respect and encourage the civic-republican style of …
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Law Faculty Scholarly Articles
In last year's term, the United States Supreme Court considered the question of the scope of Chevron deference in City of Arlington v. FCC. This article discusses how the decision is an example of the work of an activist Court. The case should have been resolved by a straightforward determination under the analysis of United States v. Mead that Chevron deference simply did not apply to the Federal Communications Commission's (FCC) legal determination. The Court ignored this restrained approach to the case and instead addressed the question the Justices desired to decide: the reach of Chevron deference. The article …
The Dean Rusk Award 1984-1985: The 1984 "Country Of Origin" Regulations For Textile Imports: Illegal Administrative Action Under Domestic And International Law?, David Stepp
Georgia Journal of International & Comparative Law
No abstract provided.
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, Steve R. Johnson
The Rise And Fall Of Chevron In Tax: From The Early Days To King And Beyond, Steve R. Johnson
Scholarly Publications
No abstract provided.