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Full-Text Articles in Law
Presidents And The Politics Of Structure, Terry M. Moe, Scott A. Wilson
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
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
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.
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
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.