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Full-Text Articles in Law
"Chevron," Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser
"Chevron," Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser
Vanderbilt Law Review
In this Article, Professor Weiser argues that the advent of cooperative federalism statutes, like the Telecommunications Act of 1996, calls for a new conception of federal court review of state agency decisions. In particular, Professor Weiser suggests that federal statutes that invite state agencies to interpret federal law subject only to federal court review should be interpreted as calling for a deferential standard of review. Such a standard, to be sure, would allow cooperative federalism statutes to mean different things in different states. But as Professor Weiser illustrates with reference to the Telecommunications Act, the very nature of cooperative federalism …
Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam
Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam
Vanderbilt Law Review
During the past decade, federal telecommunications regulatory policy has changed its focus from a goal of universally available and affordable residential service to one of economic efficiency. In changing its regulatory focus, the federal government has indirectly deprived the states of the means to accomplish their goal, which remains one of insuring universally available and affordable residential service. In his Article Professor Noam examines the evolution of the traditional federal-state coregulatory system, contrasts the emerging federal regulatory approach with the states' policies, and discusses the reasons for federal predominance in telecommunications regulation.He argues that the reorientation in federal regulatory policy …