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Full-Text Articles in Law

Outcome, Procedure, And Process: Agency Duties Of Explanation For Legal Conclusions, Gary S. Lawson Jan 1996

Outcome, Procedure, And Process: Agency Duties Of Explanation For Legal Conclusions, Gary S. Lawson

Faculty Scholarship

The so-called Chevron doctrine,' which requires reviewing courts to accept all reasonable agency interpretations of statutes that the agency administers,2 is one of the most important doctrines in modern federal administrative law. Under the now-familiar two-step formulation enunciated by the Chevron court, if Congress "has directly spoken to the precise question at issue ... , that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress."3 If the statute is ambiguous, however, the court must accept any permissible, or reasonable,4 interpretation put forth by the agency.5 …


Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski Jan 1996

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …