Congressional procedure and statutory interpretation

Article Abstract:

Judicial interpretation of legislative intent must include how congressional structures and law-making procedures influence both a law's explicit and implicit purpose. The US Supreme Court in Chevron, USA v. Natural Resources Defense Council correctly defined the role of judges in interpreting ambiguous legislation as that of divining congressional intent and deferring to administrative agencies' authorized powers and responsibilities, but the Court placed too much emphasis on legislative history as the source of legislative intent and not enough on the nature of the political process.

Analysis, Judicial process, Legislation, Legislative process

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Congressional-executive information access disputes: a modest proposal - do nothing

Article Abstract:

Congress's ongoing battles with the executive branch over access to privileged information are actually indicative of a workable system that should not be reformed by mandating judicial resolution of these conflicts. Congress clearly prefers to force information disclosures through informal sanctions, rather than by using subpoenas. Congress should be allowed to use civil subpoena authority against the executive branch, and other nonjudicial or nonstatutory reforms should be considered. However, there is no advantage to expanded judicial review of executive privilege claims.

Laws, regulations and rules, Executive privilege (Government information), Subpoena

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The consequences of DOJ control of litigation on agencies' programs

Article Abstract:

The authors discusses the role of the Justice Department as the legal representative of federal agencies in litigation, along with the effect of that role on the substantive programs of various agencies. Topics include adequacy of representation, DOJ refusal to bring cases, and skewed enforcement decisions.

United States, United States. Department of Justice, Powers and duties, Administrative law

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