Event Title

Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions

Presenter Information

Sidney A. Shapiro
Richard E. Levy

Location

Duke Law School

Start Date

3-3-1995 8:45 AM

End Date

3-3-1995 10:00 AM

Description

In the Chevron and State Farm cases the Supreme Court announced what appeared to be controlling standards for substantive review of administrative decisions. Instead, the Chevron framework has broken down, and State Farm has been all but ignored by agencies and the courts, including the Supreme Court. This article accounts for this breakdown by analyzing the impact of judicial incentives on substantive review in administrative law.

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Related Paper

Sidney A. Shapiro & Richard E. Levy, Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions, 44 Duke Law Journal 1051-1080 (1995)

Available at: http://scholarship.law.duke.edu/dlj/vol44/iss6/1

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Mar 3rd, 8:45 AM Mar 3rd, 10:00 AM

Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions

Duke Law School

In the Chevron and State Farm cases the Supreme Court announced what appeared to be controlling standards for substantive review of administrative decisions. Instead, the Chevron framework has broken down, and State Farm has been all but ignored by agencies and the courts, including the Supreme Court. This article accounts for this breakdown by analyzing the impact of judicial incentives on substantive review in administrative law.