A pragmatic approach to Chevron

Article Abstract:

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.

Cases, Administrative law, Administrative agencies, Government agencies, Case Note, Ambiguity

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Allocation among self-insured, uninsured, and underinsured periods

Article Abstract:

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.

Management, Liability insurance, Allocation (Accounting)

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Democracy, taxes, and wealth

Article Abstract:

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.

Analysis, Tax reform, Estate tax, Estate taxes, Representative government and representation, Representative government

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