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Full-Text Articles in Law
Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher
Politics And The Supreme Court: The Need For Ideological Balance, David Orentlicher
Scholarly Works
No abstract provided.
Loud And Soft Anti-Chevron Decisions, Michael Kagan
Loud And Soft Anti-Chevron Decisions, Michael Kagan
Scholarly Works
This Article proposes a methodology for interpreting the Supreme Court's long-standing inconsistency in the application of the Chevron doctrine. Developing such an approach is important because this central, canonical doctrine in administrative law is entering a period of uncertainty after long seeming to enjoy consensus support on the Court. In retrospect, it makes sense to view the many cases in which the Court failed to apply Chevron consistently as signals of underlying doctrinal doubt. However, to interpret these soft anti-Chevron decisions requires a careful approach, because sometimes Justices are simply being unpredictable and idiosyncratic. However, where clear patterns can be …
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
Supreme Court Reform: Desirable - And Constitutionally Required, David Orentlicher
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No abstract provided.