Law Commons^™

Toward A Less Adversarial Relationship Between Chevron And Gardner, James Ridgway

James D. Ridgway

In twenty-five years of judicial review of veterans benefits claims, the courts have failed to reconcile the interpretive canons of veteran friendliness and deference to the agency’s policy making role. This article argues that the courts must develop a coherent relationship between these doctrines by recognizing that each are core values of veterans law. First, it explores the history and nature of these two doctrines that are central to veterans law. Then, It considers how the canons are situated in the spectrum of fact- and value-based judicial review. Ultimately, separation-of-powers principles and the legislative history of the Veterans Judicial Review …

Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James Ridgway

James D. Ridgway

This review of the Federal Circuit's veterans benefits case law in 2011 suggests that a familiar struggle between rules and standards lurks under the surface of some of the more familiar debates in veterans law. In particular, it suggests that the struggle between Chevron deference and Gardner’s rule of resolving ambiguity in favor of the veteran can be framed this way. It also suggests that the rules-versus-standards framing can be used to better understand the debate about what it means for the benefits system to be veteran friendly. In addition, this article addresses the changing dynamics surrounding veterans law and …

Adequate Access Or Equal Treatment: Looking Beyond The Idea To Section 504 In A Post-Schaffer Public School, Christopher J. Walker

Christopher J. Walker

In light of the Supreme Court's decision this Term in Schaffer v. Weast, this Note analyzes the current state of special education law and argues that parents, attorneys, and advocates should look beyond the Individuals with Disabilities Education Act (IDEA) to Section 504 in the post-Schaffer public school. This Note shows how these two standards operate in the context of state special schools for the blind and deaf. A state-by-state survey of thirty states' special school admission policies and practices reveals the IDEA's limitations and Section 504's potentially complementary role.

Although other works have briefly compared the IDEA and Section …