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Law and Contemporary Problems

1994

Political science

Articles 1 - 5 of 5

Full-Text Articles in Law

Presidents And The Politics Of Structure, Terry M. Moe, Scott A. Wilson Apr 1994

Presidents And The Politics Of Structure, Terry M. Moe, Scott A. Wilson

Law and Contemporary Problems

The presidency is discussed in order to bring it more squarely within the terrain of positive theory by presenting it as a well-developed, nuanced and powerful institution in its own right. Political issues that have a direct bearing on the institutional balance of power are theoretically analyzed.


Comment On “Presidents And The Politics Of Structure”, Roberta Romano Apr 1994

Comment On “Presidents And The Politics Of Structure”, Roberta Romano

Law and Contemporary Problems

Terry Moe and Scott Wilson's (1994) theory elaborating on the president's countervailing institutional motivation to strengthen and consolidate the bureaucracy under presidential control is examined. The omission of political parties and courts from the analysis could have altered some of their conclusions on comparative institutional advantages.


Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer Apr 1994

Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer

Law and Contemporary Problems

The "Chevron" decision, which boils down to the rule that federal courts must respect any reasonable interpretation by an administrative agency of its own statute, is discussed. This decision and its relationship to the modern system of administrative government in the US is examined.


Post-Enactment Legislative Signals, William Eskridge Jr. Jan 1994

Post-Enactment Legislative Signals, William Eskridge Jr.

Law and Contemporary Problems

Statutory interpretation, considered from the perspective of positive political theory, yields a number of iconoclastic conclusions. A model suggesting that judges pay attention to legislative history is argued to not present a robust positive theory of the Rehnquist Court's decisions.


Comment On Mcnollgast “Legislative Intent”, Robert H. Bates Jan 1994

Comment On Mcnollgast “Legislative Intent”, Robert H. Bates

Law and Contemporary Problems

McNollgast's (1994) theory on legislative intent is argued as an exercise in textual interpretation. Possible weaknesses in the application of this theory are highlighted.