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Full-Text Articles in Law
Disappropriation, Matthew Lawrence
Disappropriation, Matthew Lawrence
Matthew B. Lawrence
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman
John C. Eastman
Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Foreword — Chevron At 30: Looking Back And Looking Forward, Peter M. Shane, Christopher J. Walker
Christopher J. Walker
This Foreword introduces a Fordham Law Review symposium held in March 2014 to mark the thirtieth anniversary of Chevron U.S.A. v. Natural Resources Defense Council. The most-cited administrative-law decision of all time, Chevron has sparked thirty years of scholarly discussion concerning what Chevron deference means, when (or even if) it should apply, and what impact it has had on the administrative state. Part I of the Foreword discusses the symposium contributions that address Chevron’s scope and application, especially in light of City of Arlington v. FCC. Part II introduces the contributions that explore empirically and theoretically Chevron’s impact outside of …
The Senate And The Recess Appointments, David Arkush
The Senate And The Recess Appointments, David Arkush
David J. Arkush
This Essay offers a new perspective on the recess appointments controversy in Noel Canning v. NLRB. First, contrary to the dominant view, the case does not present a conflict between the President and the Senate. The Senate majority likely wished to authorize the President's recess appointments, and the majority is the relevant body for the purpose of establishing Senate intent. Second, the courts should defer to the Senate's wishes rather than define the term "recess" themselves.