Add to ORKGThis Essay begins by examining whether more precise codification of statutory scope of review language will actually bring about a greater degree of determinacy in judicial decisions, and explains the reasons why indeterminacy currently exists. The proposed Shapiro and Levy standard is discussed next, as is their reliance on public choice theory to explain judicial behavior. Finally, this Essay concludes that while Shapiro and Levy raise interesting points, their quest for judicial determinacy is misguided
Administrative law scholars have leveled a forest of trees exploring the mysteries of the Chevron ap...
article published in law reviewThis Article contends that the current law governing judicial review ...
There is no such thing as “proportionality review” in American administrative law, but instead, a nu...
This Essay begins by examining whether more precise codification of statutory scope of review langua...
In their Article Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decis...
Despite the already extensive treatment of Chevron, Professors Shapiro and Levy manage to add signif...
For over a generation, academic jurisprudence and constitutional theory have attempted to reconcile,...
Professors Shapiro and Levy posit that the Chevron and State Farm cases, though frequently cited as ...
Full-text available at SSRN. See link in this record.It was not supposed to be like this. In Chevron...
Martin Shapiro\u27s proposal to break administrative discretion down into smaller units is a step ...
The main claim of this paper is the following: In a typical rational legal system, legal adjudicatio...
The presumption in favor of judicial review of agency action is a cornerstone of administrative law,...
The conventional wisdom in legal scholarship has been that aggressive judicial review is the creatio...
Judicial review of administrative action is an inexact science. Professors Shapiro and Levy argue th...
Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an ...
Administrative law scholars have leveled a forest of trees exploring the mysteries of the Chevron ap...
article published in law reviewThis Article contends that the current law governing judicial review ...
There is no such thing as “proportionality review” in American administrative law, but instead, a nu...
This Essay begins by examining whether more precise codification of statutory scope of review langua...
In their Article Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decis...
Despite the already extensive treatment of Chevron, Professors Shapiro and Levy manage to add signif...
For over a generation, academic jurisprudence and constitutional theory have attempted to reconcile,...
Professors Shapiro and Levy posit that the Chevron and State Farm cases, though frequently cited as ...
Full-text available at SSRN. See link in this record.It was not supposed to be like this. In Chevron...
Martin Shapiro\u27s proposal to break administrative discretion down into smaller units is a step ...
The main claim of this paper is the following: In a typical rational legal system, legal adjudicatio...
The presumption in favor of judicial review of agency action is a cornerstone of administrative law,...
The conventional wisdom in legal scholarship has been that aggressive judicial review is the creatio...
Judicial review of administrative action is an inexact science. Professors Shapiro and Levy argue th...
Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an ...
Administrative law scholars have leveled a forest of trees exploring the mysteries of the Chevron ap...
article published in law reviewThis Article contends that the current law governing judicial review ...
There is no such thing as “proportionality review” in American administrative law, but instead, a nu...