Tag: Administrative Law

Article

Chevron as Construction

Lawrence B. Solum, Carmack Waterhouse Professor of Law, Georgetown University Law Center

Cass R. Sunstein, Robert Walmsley University Professor, Harvard University

In 1984, the Supreme Court declared that courts should uphold agency interpretations of ambiguous statutory provisions, so long as those interpretations are reasonable. The Chevron framework, as it is called, is now under serious pressure. Current debates can be both illuminated and softened with reference to an old distinction between interpretation on the one hand…

Jul 2020

Article

Speech, Intent, and the President

Katherine Shaw

Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various bodies of constitutional and public law—from equal protection and due process to the first amendment’s free exercise and establishment clauses, from the eighth amendment to the dormant commerce clause, and in statutory interpretation and administrative law cases across a range…

Jul 2019

Article

Justiciability, Federalism, and the Administrative State

Zachary D. Clopton

Article III provides that the judicial power of the United States extends to certain justiciable cases and controversies. So if a plaintiff bringing a federal claim lacks constitutional standing or her dispute is moot under Article III, then a federal court should dismiss. But this dismissal need not end the story. This Article suggests a…

Sep 2018