Event Title
Judicial Incentives and Indeterminacy in Substantive Review of Administrative Decisions
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.
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
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.
Comments
This event was not recorded.