Judicial review of administrative discretion : : how Justices Scalia and Breyer regulate the regulators / Scott Allen Clayton.

Format:

Book

Author/Creator:

Clayton, Scott Allen, author.

Series:

Law and society (New York, N.Y.)

Law and society : recent scholarship

Language:

English

Subjects (All):

Scalia, Antonin, 1936-2016--Influence.

Scalia, Antonin.

Breyer, Stephen G., 1938---Influence.

Breyer, Stephen G.

Judicial review of administrative acts--United States.

Judicial review of administrative acts.

Trade regulation--United States.

Trade regulation.

Physical Description:

1 online resource (190 p.)

Edition:

1st ed.

Place of Publication:

El Paso : LFB Scholarly Publishing LLC, [2015]

Language Note:

English

Summary:

An enduring question for democratic government is how much power or administrative discretion should be afforded to unelected bureaucracies. Clayton compares how Supreme Court Justices Breyer and Scalia have addressed the topic of administrative discretion through various administrative law opinions to show how their contrasting methods of legal reasoning and statutory interpretation have enabled and constrained regulatory power. His research identifies themes of Breyer's and Scalia's jurisprudence and reveals the extent to which they defer to agency decisions varies and contradicts both Justices' stated positions on judicial review, legal reasoning, and statutory interpretation to some degree.

Contents:

Regulating the regulators

Legal reasoning of Scalia and Breyer

SEC, FDA, and FCC agency actions

Environmental agency actions

Department of Labor agency actions

Department of Justice and irs agency actions

Judging the judges

Comparing judicial principles with decisions.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-59332-810-9

OCLC:

941700409