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Purposivism in the Executive Branch: How Agencies Interpret Statutes
(Northwestern University Law Review, 2015)
After decades of debate, the lines of distinction between textualism and purposivism have been carefully drawn with respect to the judicial task of statutory interpretation. Far less attention has been devoted to the ...
An Administrative Jurisprudence: The Rule of Law in the Administrative State
(Columbia Law Review, 2015)
This Essay offers a specification of the rule of law’s demands of administrative law and government inspired by Professor Peter L. Strauss’s scholarship. It identifies five principles—authorization, notice, justification, ...
Lessons from the Turn of the Twentieth Century for First-Year Courses on Legislation and Regulation
(Journal of Legal Education, 2015)
This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school curriculum — approaches the debate over adopting these courses by looking back to ...
The Interpretive Dimension of Seminole Rock
(George Mason Law Review, 2015)
A lively debate has emerged over the deferential standard of review courts apply when reviewing an agency’s interpretation of its own regulations. That standard, traditionally associated with Bowles v. Seminole Rock & Sand ...