Browsing Law School by Author "Bressman, Lisa Schultz"

Now showing items 1-19 of 19

    • Accommodation and Equal Liberty 
      Bressman, Lisa Schultz (William and Mary Law Review, 2001)
      How should legislatures respond to requests from religious individuals or institutions for exemptions to generally applicable laws? In Employment Division v. Smith, the Supreme Court held that the Free Exercise Clause does ...
    • Beyond Accountability: Arbitrariness and Legitimacy in the Administrative State 
      Bressman, Lisa Schultz (New York University Law Review, 2003)
      This Article argues that efforts to square the administrative state with the constitutional structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an ...
    • Chevron is a Phoenix 
      Bressman, Lisa Schultz; Stack, Kevin M. (Vanderbilt Law Review, 2021)
      Judicial deference to agency interpretations of their own statutes is a foundational principle of the administrative state. It recognizes that Congress has the need and desire to delegate the details of regulatory policy ...
    • Chevron's Mistake 
      Bressman, Lisa Schultz (Duke Law Journal, 2009-01)
      Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve questions about the meaning of statutes that those ...
    • Deference and Democracy 
      Bressman, Lisa Schultz (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 ...
    • Disciplining Delegation After "Whitman v. American Trucking Ass'ns" 
      Bressman, Lisa Schultz (Cornell Law Review, 2002)
      The Supreme Court's recent reversal of the D.C. Circuit's decision in "Whitman v. American Trucking Ass'ns" brings to center stage the critical question for disciplining delegation of lawmaking authority to administrative ...
    • The Forest and the Trees 
      Bressman, Lisa Schultz (Vanderbilt Lawyer, 2002)
      Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church ...
    • The Future of Agency Independence 
      Bressman, Lisa Schultz; Thompson, Robert B., 1949- (Vanderbilt Law Review, 2010)
      Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In ...
    • How "Mead" Has Muddled Judicial Review of Agency Action 
      Bressman, Lisa Schultz (Vanderbilt Law Review, 2005)
      In "United States v. Mead Corp.", the Supreme Court held that an agency is entitled to Chevron deference for interpretations of ambiguous statutory provisions only if Congress delegates, and the agency exercises, authority ...
    • Inside the Administrative State: A Critical Look at the Practice of Presidential Control 
      Bressman, Lisa Schultz; Vandenbergh, Michael P. (Michigan Law Review, 2006)
      From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by ...
    • Judicial Review of Agency Inaction: An Arbitrariness Approach 
      Bressman, Lisa Schultz (New York University Law Review, 2004)
      This Article contends that the current law governing judicial review of agency inaction, though consistent with the prevailing theory of agency legitimacy, is inconsistent with the founding principles of the administrative ...
    • Legitimacy, Selectivity, and the Disunitary Executive: A Reply to Sally Katzen 
      Bressman, Lisa Schultz; Vandenbergh, Michael P. (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 ...
    • Procedures as Politics in Administrative Law 
      Bressman, Lisa Schultz (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 ...
    • Reclaiming the Legal Fiction of Congressional Delegation 
      Bressman, Lisa Schultz (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 
      Bressman, Lisa Schultz; Vandenbergh, Michael P.; Carrico, Amanda R. (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 ...
    • Schechter Poultry at the Millennium: A Delegation Doctrine for the Administrative State 
      Bressman, Lisa Schultz (The Yale Law Journal, 2000)
      The new delegation doctrine might seem perplexing to both sides of the current delegation debate. Either it is too intrusive on administrative prerogatives or it is not nearly intrusive enough. The new delegation doctrine ...
    • Statutory Interpretation from the Inside--An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part 2 
      Bressman, Lisa Schultz; Gluck, Abbe R. (Stanford Law Review, 2014-04)
      This is the second of two Articles relaying the results of the most extensive survey to date of 137 congressional drafters about the doctrines of statutory interpretation and administrative delegation. The first Article ...
    • Statutory Interpretation from the Inside--An Empirical Study of Congressional Drafting, Delegation, and the Canons: Part I 
      Bressman, Lisa Schultz; Gluck, Abbe R (Stanford Law Review, 2013)
      What role should the realities of the legislative drafting process play in the theories and doctrines of statutory interpretation and administrative law? The ongoing debates frequently turn on empirical assumptions about ...
    • What "Seila Law" Says About Chief Justice Roberts' View of the Administrative State 
      Bressman, Lisa Schultz (University of Chicago Law Review Online, 2020-08-27)
      In Sella Law LLC .. Consumer Financial Protection Board, the Supreme Court invalidated a statutory provision that protected the director of the Consumer Finance Protection Board (CFPB) from removal by the president except ...