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Academic Journals
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From:Antitrust Bulletin (Vol. 58, Issue 2-3) Peer-ReviewedAlthough the number of challenges to merger decisions is low, the jurisprudence of the Competition Appeal Tribunal (CAT) and the Court of Appeal has contributed significantly to the United Kingdom's administrative...
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From:Vanderbilt Journal of Transnational Law (Vol. 45, Issue 5)C. Distribution of Material Goods to the Public 1. Distribution of Material Goods to the Public The decision concerning the authority of the Committee for the National List of Reimbursed Drugs (NLRD) to convene on...
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From:Review of Constitutional Studies (Vol. 24, Issue 2)The apparent consensus among the proponents of proportionality, as Stephen Gardbaum has recently pointed out, is that the 'triumphantly successful' constitutional law framework has few, if any, normative limits. Central...
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From:Administrative Law Review (Vol. 66, Issue 2) Peer-ReviewedAccording to the conventional wisdom, the Chevron doctrine rests on a presumption about congressional intent--a presumption that when a statute is ambiguous, Congress intended the gap to be filled by the agency charged...
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From:Harvard Journal of Law & Public Policy (Vol. 33, Issue 3) Peer-ReviewedFor years now, courts and commentators have struggled to reconcile the presumption against preemption--the interpretive canon that presumes against federal incursion into areas of traditional state sovereignty--with the...
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From:Environmental Law (Vol. 38, Issue 1)In Massachussetts v. Environmental Protection Agency, the Supreme Court confronted the issue of climate change for the first time. The Court held that the Clean Air Act gives the Environmental Protection Agency the...
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From:Defense Counsel Journal (Vol. 61, Issue 2) Peer-ReviewedThe US Supreme Court seems to view employer-employee arbitration agreements as enforceable under the Federal Arbitration Act and, based on past record, does not consider judicial review a suitable way of settling...
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From:Administrative Law Review (Vol. 67, Issue 2) Peer-ReviewedOf the various regulatory reform efforts advocated by legal scholars and politicians in recent years, perhaps none holds greater promise than retrospective review of agency regulations, whereby agencies revisit existing...
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From:Federal Communications Law Journal (Vol. 67, Issue 2) Peer-ReviewedThe Federal Communications Commission is coming under intense political pressure to reclassify broadband Internet access as a common carrier telecommunications service under Title II of the Communications Act. Yet,...
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From:Michigan Law Review (Vol. 116, Issue 1) Peer-ReviewedThis Article presents findings from the most comprehensive empirical study to date on how the federal courts of appeals have applied Chevron deference--the doctrine under which courts defer to a federal agency's...
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From:Georgetown Journal of Law & Public Policy (Vol. 16, Issue 1) Peer-ReviewedAuer v. Robbins requires federal courts to defer to federal agency interpretations of ambiguous regulations. Auer built upon, and arguably expanded, the Court's long-standing practice of deferring to agency...
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From:Stanford Law Review (Vol. 70, Issue 3) Peer-ReviewedThe Immigration and Nationality Act (INA) predicates various civil and criminal consequences on a noncitizen's prior conviction for an "aggravated felony." In determining whether a noncitizen's prior conviction counts...
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From:Loyola Journal of Public Interest Law (Vol. 17, Issue 1) Peer-ReviewedINTRODUCTION At some point, many Americans confront issues that arise when loved ones lose the ability to care for themselves and require professional assistance. A common solution is to admit those people into a...
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From:Georgetown Journal of International Law (Vol. 42, Issue 1) Peer-ReviewedINTRODUCTION In 2009, the United States Court of International Trade ("CIT") decided eight cases brought pursuant to 28 U.S.C. [section] 1581 (d), relating to the respective trade adjustment assistance ("TAA")...
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From:Yale Law Journal (Vol. 120, Issue 2) Peer-ReviewedCourts have long struggled to distinguish legislative rules, which are designed to have binding legal effect and must go through the rulemaking procedure known as notice and comment, from nonlegislative rules, which are...
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From:Administrative Law Review (Vol. 67, Issue 1) Peer-ReviewedD. Authoritativeness Another common argument for direct circuit court review relies on a cited need for authoritative resolution of the challenge. (178) Circuit courts, under this argument, are fewer in number,...
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From:Administrative Law Review (Vol. 65, Issue 3) Peer-ReviewedINTRODUCTION In 1938, James Landis published the now-classic book The Administrative Process. (1) Although the book's brilliant insights are many, Landis offered an eloquent statement on the emergence of new...
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From:Yale Law Journal (Vol. 124, Issue 7) Peer-ReviewedThe courts' doctrine on administrative severability clauses, however, does not share Chevron/Skidmore's incentive structure. Promulgating a severability clause through notice-and-comment procedures can be costly. It may...
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From:Duke Law Journal (Vol. 53, Issue 2) Peer-ReviewedABSTRACT Scholars have rarely examined the remedial issues that federal courts may face when they find that an administrative agency has acted unlawfully. This Article presents a broad survey of that topic in the...