Download or read book Chevron s Consensus written by Evan J. Criddle and published by . This book was released on 2008 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nearly a quarter-century, federal courts have deferred to administrative agencies' statutory interpretations under the renowned Chevron doctrine. Despite Chevron's widespread appeal, its theoretical foundations remain contested. Judges and academics have debated whether Chevron rests on a theory of congressional delegation, administrative expertise, deliberative rationality, the executive branch's political responsiveness and accountability, or concerns for national regulatory uniformity. This Article challenges the terms of this longstanding debate by demonstrating that Chevron does not rest exclusively upon any of these competing rationales. Instead, Chevron forges a pragmatic consensus between several leading theories, none of which can properly be considered redundant. By embracing pluralism and practical wisdom in statutory interpretation, Chevron furnishes an enduring response to the fragmentation of contemporary legal and political theory. In United States v. Mead Corporation, the Supreme Court appeared to abandon Chevron's consensus by endorsing congressional delegation as the touchstone for Chevron deference. By all accounts, Mead has sown confusion and discord in the circuit courts. What Mead's critics have failed to appreciate, however, is that the Supreme Court actually employs the congressional delegation theory instrumentally to sustain Chevron's consensus: Where agency decision-making processes satisfy all of the leading rationales for deference, the Court applies Chevron. Conversely, where any of the leading rationales for deference remains unsatisfied, the Court evaluates agency statutory interpretations under the residual Skidmore test. The time has come to dismantle Mead's delegation fiction and expressly reconstruct Chevron's pluralist consensus as the definitive test for Chevron deference. By candidly reaffirming Chevron's consensus, the Supreme Court would clarify the scope of Chevron's domain and enhance judicial transparency and accountability in statutory interpretation.
Download or read book Legislating Chevron written by Elizabeth Garrett and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant administrative law cases, Chevron v. Natural Resources Defense Council, is routinely referred to as "the counter-Marbury." According to the consensus view, Chevron deference is consistent with Marbury, as long as Congress has delegated to agencies the power to make policy by interpreting ambiguous statutory language or filling gaps in regulatory laws. Congressional delegation is not important just to reconcile modern administrative law with Marbury; it is also the reason provided by courts to justify strong deference to agency interpretations of law. In the first part of this article, I discuss the various ways courts have reached decisions about the delegation issue and provide a brief assessment of them. In the end, none of the judicial methods to determine whether Congress actually delegated law-interpreting authority to agencies can satisfactorily achieve that objective. Without explicit congressional direction regarding which institution, courts or agencies, should have the primary role in interpreting statutes, the institutional choice is necessarily made by courts when they decide cases that require such interpretation. Some scholars have argued that, if the decision has been effectively left to the courts, judges should devise and consistently apply a general rule of construction of regulatory statutes based on an explicit consideration of the institutional capacities of the courts and agencies. My project in this article is not to argue in favor of a particular rule of judicial review but rather to focus on a feature common to all of them. Whether courts search for some direction from Congress or whether they allocate interpretive authority based on other factors, all the methods of judicial review provide that a clear congressional instruction overrides any judicial rule. In the second part of this article, I describe a mechanism that could provide Congress an opportunity to provide explicit instructions about law-interpreting authority. Low expectations for congressional performance in this area stem in part from a failure to think creatively about the kinds of legislative vehicles available to Congress and about internal rules that can structure its deliberation. In statutes that periodically re-authorize administrative agencies and large federal programs or that annually appropriate funds to agencies, Congress could determine on an agency-by-agency basis whether to delegate the power to make policy through statutory interpretation with respect to all statutes that the agency administers, or with respect to some subset of decisions. This proposal is designed to take seriously the feature of judicial review of regulatory statutes that contemplates the possibility of an active role for Congress.
Download or read book Hazardous Chemicals Desk Reference written by Richard J. Lewis, Sr. and published by John Wiley & Sons. This book was released on 2008-06-13 with total page 1974 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a "safety profile" of 5000 of the most important hazardous chemicals. Features unique Chemical Safety Profiles that provide a quick overview of the hazards, synonyms, and physical properties of a variety of chemicals. Details government agency standards and recommendations on the handling of each chemical. Includes three cross-indices to permit rapid location of a material by its Chemical Abstract Service (CAS) number, a synonym for the material, or the DOT Guide Number. Features new chemical entries unavailable in previous versions.
Download or read book Effects of Oil Decontrol written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Fossil and Synthetic Fuels and published by . This book was released on 1982 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Activism and the Fossil Fuel Industry written by Andrew Cheon and published by Routledge. This book was released on 2018-02-06 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: In less than a decade, activism against the fossil fuel industry has exploded across the globe. While environmentalists used to focus on legislative goals, such as carbon emissions trading or renewable energy policies, today the most prominent activists directly attack the fossil fuel industry. This timely book offers a comprehensive evaluation of different types of activism, the success and impact of campaigns and activities, and suggestions as to ways forward. This book is the first systematic treatment of the anti-fossil fuel movement in the United States. An accessible and readable text, it is an essential reference for scholars, policymakers, activists, and citizens interested in climate change, fossil fuels, and environmental sustainability. The entire book or chapters from it can be used as required or supplementary material in various courses at the undergraduate and graduate level. As the book is not technically challenging but contains a comprehensive review of climate change, fossil fuels, and the literature on environmental activism, it can be used as an accessible introduction to the anti-fossil fuel campaign across disciplines.
Download or read book Consensus and the American Mission written by Brian Klunk and published by Lanham [MD] : University Press of America ; [Charlottesville, Va.] : White Burkett Miller Center. This book was released on 1986 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Handbook of Communication and Corporate Social Responsibility written by Øyvind Ihlen and published by John Wiley & Sons. This book was released on 2011-08-24 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the definitive research collection for corporate social responsibility communication, offering cross-disciplinary and international perspectives from the top scholars in the field. Addresses a gap in the existing CSR literature Demonstrates the relevance of effective CSR communication for the management of organizations The 28 contributions come from top scholars in public relations, organizational communication, reputation management, marketing and management
Download or read book Forensic Epidemiology in the Global Context written by Sana Loue and published by Springer Science & Business Media. This book was released on 2013-04-02 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: As globalization causes profound changes in business, industry, and trade,it can also have significant effects on populations, environments, and individuals.These effects may be harmful, resulting in injury or illness, prompting the critical question: How best to correct wrongs caused to individuals, communities, and/or the environment of one country by the actions of individuals or corporations of another? Possible answers lie in an emerging discipline. Forensic Epidemiology in the Global Context opens meaningful windows onto the processes of forensic epidemiology, the roles of the epidemiologist in civil disputes, and the potential contribution of the field to legal and justice efforts worldwide. Case examples from the U.K., Nigeria, Ecuador, Romania, and Australia illustrate commonly used methodologies and the challenges involved in their use in U.S. and international courts of law. A chapter on expert testimony takes readers through qualification and admissibility issues, report requirements, and working with attorneys. Included in the coverage: Forensic epidemiology in the international legal arena. The epidemiologist as an expert in litigation. Epidemiological evidence in tort law: dispatches from the U.K. Liability for occupational exposure: the role of epidemiology. Forensic epidemiology and environmental justice. Forensic epidemiology, pathology, ethnics, and human rights. By emphasizing both the scientific and legal components of the equation, Forensic Epidemiology in the Global Context gives researchers and graduate students in epidemiology a unique and timely guide to the present and future of an increasingly salient field.
Download or read book Physical Review written by and published by . This book was released on 1999-10 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publishes papers that report results of research in statistical physics, plasmas, fluids, and related interdisciplinary topics. There are sections on (1) methods of statistical physics, (2) classical fluids, (3) liquid crystals, (4) diffusion-limited aggregation, and dendritic growth, (5) biological physics, (6) plasma physics, (7) physics of beams, (8) classical physics, including nonlinear media, and (9) computational physics.
Download or read book For the Proposed Eastern Gulf of Mexico OCS Oil and Gas Lease Sale 181 written by and published by . This book was released on 2001 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law Reports Volume 84 written by E. Lauterpacht and published by Cambridge University Press. This book was released on 1991 with total page 866 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hearings Reports and Prints of the Senate Committee on Energy and Natural Resources written by United States. Congress. Senate. Committee on Energy and Natural Resources and published by . This book was released on 1979 with total page 1772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Minerals Yearbook written by and published by . This book was released on 2000 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statutory Default Rules written by Einer Elhauge and published by Harvard University Press. This book was released on 2008-02-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda. These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.
Download or read book A Guide to Judicial and Political Review of Federal Agencies written by John Fitzgerald Duffy and published by American Bar Association. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.
Download or read book Emergency Vehicle Visibility and Conspicuity Study written by and published by FEMA. This book was released on with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Negotiated Rulemaking Sourcebook written by David M. Pritzker and published by U.S. Government Printing Office. This book was released on 1995 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:
