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The Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, Nancy M. Modesitt Oct 2009

The Hundred-Years War: The Ongoing Battle Between Courts And Agencies Over The Right To Interpret Federal Law, Nancy M. Modesitt

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Since the Supreme Court’s 1984 Chevron decision, the primary responsibility for interpreting federal statutes has increasingly resided with federal agencies in the first instance rather than with the federal courts. In 2005, the Court reinforced this approach by deciding National Telecommunications Ass'n v. Brand X Internet Services, which legitimized the agency practice of interpreting federal statutes in a manner contrary to the federal courts' established interpretation, so long as the agency interpretation is entitled to deference under the well-established Chevron standard. In essence, agencies are free to disregard federal court precedent in these circumstances. This Article analyzes the question left …


Guest Editors’ Introduction To Special Issue On Substance Abuse And Addiction In Family Courts, Barbara A. Babb, Gloria Danziger, Judith D. Moran Apr 2009

Guest Editors’ Introduction To Special Issue On Substance Abuse And Addiction In Family Courts, Barbara A. Babb, Gloria Danziger, Judith D. Moran

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No abstract provided.