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Full-Text Articles in Law
Judge Wald And Justice Scalia Dance The Chevron Two-Step, Linda Jellum
Judge Wald And Justice Scalia Dance The Chevron Two-Step, Linda Jellum
Articles
No abstract provided.
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum
Articles
The Supreme Court's willingness to defer to agency interpretations of ambiguous statutes has vacillated over the past seventy years. The Court's vacillation has dramatically impacted the executive 's power to make and interpret law. This Article examines how the Court augmented then constricted executive lawmaking power and ceded then reclaimed executive interpretive power with a single case and its legal progeny. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and its aftermath dramatically altered the executive's power to make and interpret law. Prior to Chevron, Congress had the primary responsibility for lawmaking, while agencies made policy choices primarily when …
The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum
The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum
Articles
No abstract provided.
Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum
Articles
In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the United States Supreme Court held that agencies should determine the meaning of ambiguous statutes. But in the veterans law case Brown v. Gardner, the Supreme Court directed lower courts to resolve interpretive doubt in ambiguous statutes in favor of veterans. Which interpretation controls when a statute is ambiguous-the agency's reasonable interpretation or the veteran's interpretation? To date, none of the courts faced with this conflict have resolved this question clearly or definitively; indeed, the United States Court of Appeals for Veterans Claims recently asked the Supreme Court …
Jettisoning Chevron, Linda Jellum
Chevron's Demise: A Survey Of Chevron From Infancy To Senescence, Linda Jellum
Chevron's Demise: A Survey Of Chevron From Infancy To Senescence, Linda Jellum
Articles
No abstract provided.