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Procedures as Politics in Administrative Law
(Columbia Law Review, 2007-12)
Legal scholars view administrative law as alternately shaped by concerns for procedural integrity and issues of political control, and therefore as consisting of largely conflicting rules. But they have overlooked that the ...
Legitimacy, Selectivity, and the Disunitary Executive: A Reply to Sally Katzen
(Michigan Law Review, 2007)
Professors Bressman and Vandenbergh respond to the comments of Sally Katzen on their article presenting and analyzing results from an empirical study of the top political appointees at the Enviromental Protection Agency ...
Deference and Democracy
(The George Washington Law Review, 2007)
In Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the Supreme Court famously held that judicial deference to agency interpretations of ambiguous statutes is appropriate largely because the executive branch is ...