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Article: Normative canons in the review of administrative policymaking.
- Article from:
- The Yale Law Journal
- Article date:
- October 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
I.THE PROBLEM: COMPETING METHODS FOR RESOLVING STATUTORY
AMBIGUITY
A. The Judicial Tools of Statutory Interpretation
B. Statutory Interpretation After Chevron
C. The Tension Between Canons and Chevron
II. THE EXISTING APPROACH: CATEGORICAL RESPONSES TO THE
CHEVRON-CANONS CONFLICT
A. The Majority Rule: Canons Trump Deference
1. The Majority Rule in the Courts
2. Justifications for the Majority Rule
B. The Minority Rule: Deference Trumps the Canons
1. The Minority Rule in the Courts
2. Justifications for the Minority Rule
III. RECONCEIVING NORMATIVE CANONS IN ...
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