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Reclaiming the Legal Fiction of Congressional Delegation
(Virginia Law Review, 2011)
The framework for judicial review of agency statutory interpretations is based on a legal fiction – namely, that Congress intends to delegate interpretive authority to agencies. Critics argue that the fiction is false ...
Regulation in the Behavioral Era
(Minnesota Law Review, 2011)
Administrative agencies have long proceeded on the assumption that individuals respond to regulations in ways that are consistent with traditional rational actor theory, but that is beginning to change. Agencies are now ...