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Bridging The Divide: Finding Common Ground On The Modern Chevron Debate, Nicholas C. Stewart
Bridging The Divide: Finding Common Ground On The Modern Chevron Debate, Nicholas C. Stewart
Nicholas C Stewart
Traditionally, when reviewing an administrative agency’s adjudication or rulemaking under National Labor Relations Board v. Hearst Publications, Inc., 322 U.S. 111 (1944), courts would ask whether the question before them was one of law or a mixed question of law and fact. While the former was accorded no deference, the latter received a great deal. Despite this seemingly simple construct, courts persistently confused questions of law with mixed questions, and vice versa, resulting in the inconsistent application of standards of review. In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), the U.S. Supreme Court drastically …
A Constitutional And Empirical Analysis Of Iowa's Administrative Rules Review Committee Procedure, Jerry L. Anderson
A Constitutional And Empirical Analysis Of Iowa's Administrative Rules Review Committee Procedure, Jerry L. Anderson
Jerry L. Anderson
Iowa gives a joint legislative committee, called the Administrative Rules Review Committee, significant power over agency rulemaking. The ARRC can delay a rule, either for a 70-day period, or until the end of the next legislative session. It can also object to a rule, which switches the burden of proof to the agency in any future judicial challenge and makes the agency liable for the litigation costs of successful challengers. In this article, the authors study fifteen years of ARRC activity to determine how the committee has used its authority, in order to assess the degree to which this mechanism …