A pragmatic approach to Chevron
The Supreme Court, in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., in 1984, established a test for courts to use in deciding whether to defer to an administrative agency's statutory interpretation. Courts must determine if Congress spoke on the issue unambiguously. However, courts have had difficulty deciding what is ambiguous. Reformulating the test to distinguish between types of ambiguity using philosopher Paul Grice's linguistic method would improve the Chevron deference standard.
Publication Name: Harvard Law Review
Allocation among self-insured, uninsured, and underinsured periods
The article discusses the issue of allocating losses to a party who is self-insured or uninsured in situations involving multiple-triggered coverage. The author discusses many of the rulings that have either allocated defense or indemnity costs to parties who are self-insured or determined that such parties are not "insurers" and thus cannot be held liable for the losses sustained.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Democracy, taxes, and wealth
The author analyzes the benefits of the estate tax as a means of preventing the harmful social and political effects of concentrated wealth. Empirical studies indicating that estate taxes do not discourage savings are discussed.
Publication Name: New York University Law Review
- Abstracts: Delegation and the Constitution. Abdication or delegation? Congress, the bureaucracy, and the delegation dilemma
- Abstracts: The Court and the corporation: jurisprudence, localism and federalism. Standing apart to be a part: the precedential value of Supreme Court concurring opinions
- Abstracts: The emperor's clothes of disclosure: hot money and suspect disclosures. Victimized in Amsterdam: the organized reaction
- Abstracts: The right to farm: hog-tied and nuisance-bound. Merger pitfalls in practice: three case studies. Securities law; an auditor's responsibility
- Abstracts: English arbitrations - new legislation. Magna Carta and the ius commune. English law - court of appeal authorizes surgical separation of conjoined twins although procedure will kill one twin