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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 ...
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 ...
Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction
(Iowa Law Review, 2007)
Courts struggle with the tension between national competition laws, on the one hand, and state and local regulation, on the other--especially as traditional governmental functions are privatized and as economic regulation ...