Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles

Administrative Law

Chevron deference

Articles 1 - 7 of 7

Full-Text Articles in Law

Judge Wald And Justice Scalia Dance The Chevron Two-Step, Linda Jellum Feb 2014

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 Jan 2012

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 Jan 2011

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 Jan 2011

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 Nov 2010

Jettisoning Chevron, Linda Jellum

Articles

No abstract provided.


Chevron's Demise: A Survey Of Chevron From Infancy To Senescence, Linda Jellum Jan 2007

Chevron's Demise: A Survey Of Chevron From Infancy To Senescence, Linda Jellum

Articles

No abstract provided.


Adapting To Administrative Law's Erie Doctrine, Kathryn A. Watts Jan 2007

Adapting To Administrative Law's Erie Doctrine, Kathryn A. Watts

Articles

This Article looks to the federalism context and draws on the federal courts' experience adapting to the Court's landmark decision in Erie Railroad Company v. Tompkins. Much like Brand X, the Court's Erie decision, which commanded federal courts to apply state law in all cases not governed by positive federal law, significantly reduced the lawmaking power of the federal courts by putting the federal courts in the position of interpreting law that they cannot definitively construe. Although Erie seemed simple enough to adhere to when state law provided a clear answer, Erie posed a serious dilemma when federal courts …