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Full-Text Articles in Law
Cooper's Quiet Demise (A Short Response To Professor Strauss), Frederic M. Bloom
Cooper's Quiet Demise (A Short Response To Professor Strauss), Frederic M. Bloom
Publications
No abstract provided.
Supreme Court Reversals: Exploring The Seventh Court, Stephen Wermiel
Supreme Court Reversals: Exploring The Seventh Court, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Galle And Seidenfeld, Nina A. Mendelson
The California Greenhouse Gas Waiver Decision And Agency Interpretation: A Response To Galle And Seidenfeld, Nina A. Mendelson
Articles
Professors Brian Galle and Mark Seidenfeld add some important strands to the debate on agency preemption, particularly in their detailed documentation of the potential advantages agencies may possess in deliberating on preemption compared with Congress and the courts. As they note, the quality of agency deliberation matters to two different debates. First, should an agency interpretation of statutory language to preempt state law receive Chevron deference in the courts, as other agency interpretations may, or should some lesser form of deference be given? Second, should a general statutory authorization to an agency to administer a program and to issue rules …