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Full-Text Articles in Law
The Chevron Two-Step In Georgia's Administrative Law, David Shipley
The Chevron Two-Step In Georgia's Administrative Law, David Shipley
Scholarly Works
The Georgia Supreme Court and Court of Appeals have long accepted the General Assembly’s authority to enact legislation that establishes administrative agencies and empowers those agencies to promulgate rules and regulations to implement their enabling statutes. In addition, the Georgia Constitution provides that the General Assembly may authorize agencies to exercise quasi-judicial powers. Administrative agencies with broad powers enjoy a secure position under Georgia law.
Like federal and state administrative agencies throughout the nation, Georgia’s many boards, commissions and authorities make policy when they apply their governing statutes in promulgating regulations of general applicability, and in ruling on specific matters …
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James Ridgway
Changing Voices In A Familiar Conversation About Rules Vs. Standards: Veterans Law At The Federal Circuit In 2011, James Ridgway
James D. Ridgway
This review of the Federal Circuit's veterans benefits case law in 2011 suggests that a familiar struggle between rules and standards lurks under the surface of some of the more familiar debates in veterans law. In particular, it suggests that the struggle between Chevron deference and Gardner’s rule of resolving ambiguity in favor of the veteran can be framed this way. It also suggests that the rules-versus-standards framing can be used to better understand the debate about what it means for the benefits system to be veteran friendly. In addition, this article addresses the changing dynamics surrounding veterans law and …