Law Commons^™

Bridging The Divide: Finding Common Ground On The Modern Chevron Debate, Nicholas C. Stewart

Nicholas C Stewart

Traditionally, when reviewing an administrative agency’s adjudication or rulemaking under National Labor Relations Board v. Hearst Publications, Inc., 322 U.S. 111 (1944), courts would ask whether the question before them was one of law or a mixed question of law and fact. While the former was accorded no deference, the latter received a great deal. Despite this seemingly simple construct, courts persistently confused questions of law with mixed questions, and vice versa, resulting in the inconsistent application of standards of review. In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), the U.S. Supreme Court drastically …

Bridging The Divide: Finding Common Ground On The Modern Chevron Debate, Nicholas C. Stewart

Nicholas C Stewart

Traditionally, when reviewing an administrative agency’s adjudication or rulemaking under National Labor Relations Board v. Hearst Publications, Inc., 322 U.S. 111 (1944), courts would ask whether the question before them was one of law or a mixed question of law and fact. While the former was accorded no deference, the latter received a great deal. Despite this seemingly simple construct, courts persistently confused questions of law with mixed questions, and vice versa, resulting in the inconsistent application of standards of review. In Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), the U.S. Supreme Court drastically …

The Kennedy-Hoffa Showdown: Why Congressional Investigations Need Greater Powers And Procedural Leeway Than Prosecutions, Nicholas C. Stewart

Nicholas C Stewart

ABSTRACT:

This 9,400-word article uses the feud between Robert Kennedy and Jimmy Hoffa as a case study to examine how and why congressional investigations differ from criminal prosecutions. It begins with a discussion of the 1950s congressional investigation into labor racketeering. Armed with this illustrative example, the article explores the relationship among (1) the purposes of congressional investigations (namely lawmaking), (2) the powers enjoyed by committees to achieve these purposes, and (3) the protections afforded committee witnesses. Highlighting the dangers inherent in congressional investigations, this article concludes that the ultimate goal of passing or amending laws presents unique challenges that …