skip to main content
Idioma:
Primo Search
Clear Search Box
Search in: Busca Geral
Busca Avançada
Busca por Índices

"DEFERENCE" IS TOO CONFUSING—LET'S CALL THEM "CHEVRON SPACE" AND "SKIDMORE WEIGHT"

Strauss, Peter L.

Columbia law review, 2012-06, Vol.112 (5), p.1143-1173 [Periódico revisado por pares]

Columbia University School of Law

Texto completo disponível

Citações Citado por
  • Título:
    "DEFERENCE" IS TOO CONFUSING—LET'S CALL THEM "CHEVRON SPACE" AND "SKIDMORE WEIGHT"
  • Autor: Strauss, Peter L.
  • Assuntos: Administrative agencies ; Administrative courts ; ADMINISTRATIVE LAW ; Administrative law judges ; Chevron U.S.A. Inc ; Common law ; CONGRESS ; Delegation of authority ; ESSAY ; Interpretation and construction ; Judicial power ; Judicial review ; JUDICIAL STATUS AND POWER ; Law ; Legal judgments ; STATUTORY INTERPRETATION ; Statutory law ; United States. Congress
  • É parte de: Columbia law review, 2012-06, Vol.112 (5), p.1143-1173
  • Notas: COLUMBIA LAW REVIEW, Vol. 112, No. 5, Jun 2012: 1143-1173
    COLUMBIA LAW REVIEW, Vol. 112, No. 5, Jun 2012, 1143-1173
    2019-11-09T13:05:10+11:00
    Informit, Melbourne (Vic)
  • Descrição: This Essay suggests an underappreciated, appropriate, and conceptually coherent structure to the Chevron relationship of courts to agencies, grounded in the concept of "allocation." Because the term "deference" muddles rather than clarifies the structure's operation, this Essay avoids speaking of "Chevron deference" and "Skidmore deference." Rather, it argues, one could more profitably think in terms of "Chevron space" and "Skidmore weight." "Chevron space" denotes the area within which an administrative agency has been statutorily empowered to act in a manner that creates legal obligations or constraints—that is, its allocated authority. "Skidmore weight" addresses the possibility that an agency's view on a given statutory question may in itself warrant the respect of judges who are themselves unmistakably responsible for deciding the question of statutory meaning. "Skidmore weight" has an underappreciated pedigree. For almost two centuries, American courts have given agency views of statutory meaning considerable weight in deciding for themselves issues of statutory meaning. "Chevron space" reflects our more recent understanding and acceptance that Congress may validly confer on executive agencies the authority to act with the force of law, so long as the legality of their action within the boundaries of their authority can be judicially assured. Within its congressionally authorized space, the agency is the prime actor. From a court's independent conclusion that Congress has delegated authority to an agency—a conclusion that may even be informed by Skidmore weight given to the agency's own understandings of its authority—it follows ineluctably that the reviewing court is to act, not as decider, but as overseer.
  • Editor: Columbia University School of Law
  • Idioma: Inglês
Voltar para lista de resultados

  • Realização: ABCD-USP USP   Logos de Redes Sociais: Freepik

Buscando em bases de dados remotas. Favor aguardar.