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Full-Text Articles in Law
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard
Working Paper Series
This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …
Members Only - United States V. Rayburn House Office Building, Room 2113: The Speech Or Debate Clause, The Separation Of Powers And The Testimonial Privilege Of Preemptive Nondisclosure, John D. Friel
Villanova Law Review
No abstract provided.