Event Title
Judicial Review of Agency Action: The Problems of Commitment, Non-Contractibility, and the Proper Incentives
Location
Duke Law School
Start Date
3-3-1995 2:15 PM
End Date
3-3-1995 3:00 PM
Description
Despite the already extensive treatment of Chevron, Professors Shapiro and Levy manage to add significantly to the understanding and discussion of scope of review. The author's misgivings about their project stem almost entirely from three central points. First, he believes that Shapiro and Levy move too quickly in asserting the determinacy of the Chevron two-step. Second, Shapiro and Levy seem to argue that determinacy of doctrine and deference are directly related. In fact, however, the relationship they posit is not inevitable. Finally, although usefully broadening our understanding of Chevron to include judicial incentives, Shapiro and Levy ignore other incentives and institutional arrangements.
Related Paper
Nicholas S. Zeppos, Judicial Review of Agency Action: The Problems of Commitment, Non-Contractibility, and the Proper Incentives, 44 Duke Law Journal 1133-1154 (1995)
Available at: http://scholarship.law.duke.edu/dlj/vol44/iss6/5Judicial Review of Agency Action: The Problems of Commitment, Non-Contractibility, and the Proper Incentives
Duke Law School
Despite the already extensive treatment of Chevron, Professors Shapiro and Levy manage to add significantly to the understanding and discussion of scope of review. The author's misgivings about their project stem almost entirely from three central points. First, he believes that Shapiro and Levy move too quickly in asserting the determinacy of the Chevron two-step. Second, Shapiro and Levy seem to argue that determinacy of doctrine and deference are directly related. In fact, however, the relationship they posit is not inevitable. Finally, although usefully broadening our understanding of Chevron to include judicial incentives, Shapiro and Levy ignore other incentives and institutional arrangements.
Comments
This event was not recorded.