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Now showing items 1-6 of 6
Agency Statutory Interpretation and Policymaking Form
(Michigan State Law Review, 2009)
In this short symposium contribution, I take up this invitation to examine the relevance of the agency's policymaking form to its approach to statutory interpretation.
The core point I wish to advance is a relatively basic ...
The Constitutional Foundations of Chenery
(The Yale Law Journal, 2007)
The Supreme Court regularly upholds federal legislation on grounds other
than those stated by Congress. Likewise, an appellate court may affirm a lower court judgment even if the lower court's opinion expressed the wrong ...
The Reviewability of the President's Statutory Powers
(Vanderbilt Law Review, 2009)
This Article argues that longstanding doctrines that exclude judicial review of the determinations or findings the President makes as conditions for invoking statutory powers should be replaced. These doctrines are ...
The Divergence of Constitutional and Statutory Interpretation
(Colorado Law Review, 2004)
There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...
The Statutory President
(Iowa Law Review, 2005)
American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...
The President's Statutory Powers to Administer the Laws
(Columbia Law Review, 2006)
When does a statute grant powers to the President as opposed to other officials? Prominent theories of presidential power argue or assume that any statute granting authority to an executive officer also implicitly confers ...